When a public entity denies a minor's application for leave to present a late claim under section 911.6(b)(2) of the California Child Protection Act, does the minor have to file a petition under section 946.6 to challenge the denial?

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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