California, United States of America
The following excerpt is from J.M. v. Huntington Beach Union High Sch. Dist., 193 Cal.Rptr.3d 196, 240 Cal.App.4th 1019 (Cal. App. 2015):
Hernandez v. County of Los An geles (1986) 42 Cal.3d 1020, 10221023, 232 Cal.Rptr. 519, 728 P.2d 1154 [defendant public entity denied a minor's application to present a late claim, informing plaintiff that if he wished to challenge the denial he was required to file a petition in court pursuant to section 946.6 within six months];
[240 Cal.App.4th 1031]
Tammen v. County of San Diego (1967) 66 Cal.2d 468, 473, 58 Cal.Rptr. 249, 426 P.2d 753 [minor plaintiff's application for leave to present a late claim was denied by the public entity and plaintiff thereafter challenged the denial by petitioning the superior court].) When the board takes action and expressly denies an application brought under section 911.6(b)(2), the injured party must bring a petition under section 946.6 to challenge the board's decision.
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