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PEOPLE EX REL. DEPARTMENT OF TRANSP. v. SUPERIOR COURT

No. C042168.

129 Cal.Rptr.2d 60 (2003)

105 Cal.App.4th 39

The PEOPLE ex rel. DEPARTMENT OF TRANSPORTATION, Petitioner, v. The SUPERIOR COURT of San Joaquin County, Respondent; Paul Isenhower et al., Real Parties in Interest.

Court of Appeals of California, Third District.

Rehearing Denied January 30, 2003.

Review Denied April 30, 2003.

Attorney(s) appearing for the Case

Bruce A. Behrens, Chief Counsel, Brelend C. Gowan, Deputy Chief Counsel, Joel G. Philipp, Assistant Chief Counsel, George L. Cory, and Lauren A. Machado for Petitioner.

No appearance for Respondent.

Ringhoff & Toledo, Stephen J. Ringhoff, Modesto, and Theressa Y. Toledo for Real Parties in Interest.

CALLAHAN, J.

In this case, we hold that the trial court abused its discretion in relieving Paul Isenhower and his two children from the six-month deadline to file a government claim (Gov.Code, § 911.2 [all further unspecified statutory references are to this code]) based on "mistake, inadvertence, surprise, or excusable neglect" (§ 946.6, subd. (c)(1)), where the record reveals a total absence of diligence on their part during

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