Does a mistake by a lawyer in filing for a claim against the wrong governmental entity proximately caused the claim to be filed with the wrong government entity?

California, United States of America


The following excerpt is from Abaian v. City Of Los Angeles, B226093, Super. Ct. No. BS 125563 (Cal. App. 2011):

Even if the record supported the conclusion that the error by Abaian's counsel proximately caused the claim to be filed with the wrong governmental entity, Abaian's counsel failed to establish the reason for his error so a determination may be made whether "'a reasonably prudent person under the same or similar circumstances' would have made the same error." (Bettencourt v. Los Rios Community College Dist., supra, 42 Cal.3d at p. 276.) There is no evidence in the record from which it may be determined whether Abaian and his attorney acted diligently in investigating the claim and obtaining the correct information regarding the location of the incident. Abaian said he dealt with

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