ROUSSEAU v. CITY OF SAN CARLOS

Docket No. A030124.

192 Cal.App.3d 498 (1987)

236 Cal. Rptr. 373

DAWN ROUSSEAU, A Minor, etc., Plaintiff and Appellant, v. CITY OF SAN CARLOS et al., Defendants and Respondents.

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

April 23, 1987.


Attorney(s) appearing for the Case

COUNSEL

Merlyn L. McGarry, Joan M. Wakeley and Julia C. McDonald for Plaintiff and Appellant.

Mark G. Bonino, David J. Miclean, Ropers, Majeski, Kohn, Bentley, Wagner & Kane, Robert F. Carlson, Joseph A. Montoya, Robert J. DeFea, Kenneth G. Nellis, David H. Shein, James P. Fox, District Attorney and John A. Shupe, Deputy District Attorney for Defendants and Respondents.


OPINION

LOW, P.J.

In this case, we hold that the trial court abused its discretion in denying the minor's petition for late claim relief. (Gov. Code, § 946.6.) The court improperly considered the dilatory actions of the minor's guardian and her attorney and should have focused on the minor's behavior alone. In light of the minor's seriously debilitated condition, we conclude that the time it took to file the petition for judicial...

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