What is the test for a plaintiff to obtain relief under section 945.4 of the California Motor Vehicle Code?

California, United States of America


The following excerpt is from City of Fresno v. Superior Court, 104 Cal.App.3d 25, 163 Cal.Rptr. 807 (Cal. App. 1980):

[104 Cal.App.3d 32] A court does not relieve a potential plaintiff of the claim requirements of section 945.4, as a matter of course; plaintiff must first demonstrate two essentials by a preponderance of the evidence (Shaddox v. Melcher (1969) 270 Cal.App.2d 598, 601-602, 76 Cal.Rptr. 80). First, it must be shown that the section 911.4 application was presented within a reasonable time, and second, that the failure to file a timely claim was due to mistake, inadvertence, surprise or excusable neglect. (Tammen v. County of San Diego (1967) 66 Cal.2d 468, 474, 58 Cal.Rptr. 249, 426 P.2d 753.)

Other Questions


Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
Is a conviction under section 23550.5 of the California Vehicle Code (formerly Vehicle Code Section 23152) of the Vehicle Code applicable to a repeat offender with a prior DUI or vehicular manslaughter conviction? (California, United States of America)
Is section 654 of the California Vehicle Code an enhancement to a conviction for impaired driving under Vehicle Code section 23175? (California, United States of America)
Is a person who has unlawfully taken a vehicle in violation of section 10851 of the California Motor Vehicle Code entitled to sentencing relief under Proposition 47? (California, United States of America)
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
What is the test for detention of a vehicle under section 26708 of the California Vehicle Code when a police officer stopped a motor vehicle with hanging beads attached to the driver's windshield? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
What is the effect of section 654 of the California Vehicle Code on a defendant's sentence for a violation of section 23153 of the Vehicle Code? (California, United States of America)
Does Section 7272.5 of the California Civil Code, Section 7260, provide relief for a plaintiff who has been displaced by the construction of the Hollywood Freeway? (California, United States of America)
Is section 11580.80.1 of the California Civil Code requiring a plaintiff to sue for damages arising from a motor vehicle accident? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.