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BABER v. NAPA STATE HOSPITAL

Docket No. A011920.

154 Cal.App.3d 514 (1984)

201 Cal. Rptr. 432

BRUCE BABER, Plaintiff and Appellant, v. NAPA STATE HOSPITAL et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Five.

April 16, 1984.

Attorney(s) appearing for the Case

COUNSEL

Bruce H. Schwartz for Plaintiff and Appellant.

George Deukmejian and John K. Van de Kamp, Attorneys General, James R. Schwartz and Dennis G. Fry, Deputy Attorneys General, for Defendants and Respondents.

OPINION

HANING, J.

Plaintiff Bruce Baber appeals from a judgment denying him relief from the claim presentation requirement of Government Code section 945.4.1 The dispositive issue is whether the trial court abused its discretion in denying the relief sought.

(1a) We conclude that uncontradicted evidence of plaintiff's mental illness established his incapacity to comply with the claim...

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