In an action brought by a spectator claiming injuries from a thrown bottle at a sporting event at a public venue, the spectator filed a motion for a late claim against the public entity that owned the venue. The spectator petitioned the trial court for relief from compliance with the Tort Claims Act after the public entity denied the late claim.
Partner JohnPaul Salem and Senior Associate Scott Hoy initially opposed the petition at the trial court level, arguing that Plaintiff failed to meet her burden to demonstrate that her late claim filing was the result of surprise, inadvertence, or excusable neglect. The trial court agreed, finding no reasonable basis for the late claim, and denied the petition. She appealed.
In an unpublished opinion, the Fourth District of the California Court of Appeal found that the trial court did not abuse its discretion when it ruled against the spectator. Additionally, the court found that her unexplained failure to take minimal investigative steps, such as using the Internet to determine property ownership, was indeed unreasonable. As a result, the public entity was completely dismissed from the lawsuit.
