What is the test for making a mistake of counsel in making a tort claim?
California, United States of America
The following excerpt is from Dept. of Water v. Superior Court, 82 Cal.App.4th 1288, 99 Cal.Rptr.2d 173 (Cal. App. 2000):
3. Once the potential plaintiff has retained counsel, it is the responsibility of counsel to diligently investigate the facts, identify possible defendants, and timely file the tort claim. (Ebersol v. Cowan, supra, 35 Cal.3d at p. 439.) Section 946.6 expressly requires a showing of excusable neglect for relief from the failure to file a tort claim. Mistake of counsel is not a basis for granting relief from the claim filing requirements. (Tackett v. City of Huntington Beach (1994) 22 Cal.App.4th 60, 64-65.)
3. Once the potential plaintiff has retained counsel, it is the responsibility of counsel to diligently investigate the facts, identify possible defendants, and timely file the tort claim. (Ebersol v. Cowan, supra, 35 Cal.3d at p. 439.) Section 946.6 expressly requires a showing of excusable neglect for relief from the failure to file a tort claim. Mistake of counsel is not a basis for granting relief from the claim filing requirements. (Tackett v. City of Huntington Beach (1994) 22 Cal.App.4th 60, 64-65.)
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