What is the test for late filing of a personal injury claim against a public entity?

California, United States of America


The following excerpt is from Torbitt v. State of California, 161 Cal.App.3d 860, 208 Cal.Rptr. 1 (Cal. App. 1984):

A petitioner's ignorance of the law will not alone create an excuse in connection with his late filing of a claim against a public entity for injuries allegedly suffered. (Tyus v. City of Los Angeles (1977) 74 Cal.App.3d 667, 141 Cal.Rptr. 630.)

A personal injury claimant against a public entity is barred from the relief of late filing of such a claim by an inexcusable delay by his counsel. (Hasty v. Los Angeles County (1976) 61 Cal.App.3d 623, 131 Cal.Rptr. 347.)

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