TAMMEN v. COUNTY OF SAN DIEGO

Docket No. L.A. 29026.

66 Cal.2d 468 (1967)

426 P.2d 753

58 Cal. Rptr. 249

MARJORIE TAMMEN et al., Plaintiffs and Appellants, v. COUNTY OF SAN DIEGO, Defendant and Respondent.

Supreme Court of California. In Bank.

April 26, 1967.


Attorney(s) appearing for the Case

Trippet, Yoakum & Ballantyne, Oscar A. Trippet and Thomas H. Carver for Plaintiffs and Appellants.

McInnis, Focht & Fitzgerald and William T. Fitzgerald for Defendant and Respondent.

Harry S. Fenton, Robert F. Carlson and Kenneth G. Nellis as Amici Curiae on behalf of Defendant and Respondent.


McCOMB, J.

Plaintiffs, the widow and minor child of Dr. Tammen, appeal from an order denying their petition to file a late claim against defendant for wrongful death.

Facts: On February 17, 1963, Dr. Tammen's automobile struck two horses that had strayed onto State Highway 78 in San Diego County. He died the following day. Within two weeks Mrs. Tammen consulted her attorneys concerning probating Dr. Tammen's estate.

At various times insurance...

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