Bettencourt v. Los Rios Community College Dist

Bettencourt v. Los Rios Community College Dist. (1986) 42 Cal.3d 270 involved a wrongful death action arising from a fatal field trip sponsored by a city college. (Id. at p. 273.) The plaintiffs' attorney mistakenly filed a claim with the state, believing that the employees of the college were state employees; they were actually employees of a community college district. (Id. at p. 274.) The Supreme Court concluded that the attorney's failure to file a timely claim with the correct public entity was one a reasonably prudent person would have made because of the "confusing blend of state and local control and funding" for community colleges. (Id. at pp. 276-278.) The court observed that the attorney had made an erroneous assumption leading him to sue the wrong public entity, but otherwise had been diligent in investigating and pursuing this action. (Id. at p. 278.) Furthermore, the court explained that counsel had sought to remedy his mistake promptly. (Id. at p. 281.) The Supreme Court held that the trial court abused its discretion by denying relief to a plaintiff whose attorney diligently commenced an investigation, but mistakenly sued the wrong public entity. Though the attorney failed to file a timely claim, the defendant received actual notice that it might be sued when plaintiff's counsel called to request information about the accident. (Id. at pp. 276-278.) The court wrote, "appellate courts have consistently reversed trial court decisions denying relief under section 946.6 in situations where the attorney's neglect was comparable to, or even more serious than counsel's neglect here." (Id. at p. 277.) In Bettencourt v. Los Rios Community College Dist., the California Supreme Court reversed a trial court decision denying relief where the petitioner's attorney, incorrectly believing the defendant community college to be part of California's statewide higher education system, filed the section 945.4 wrongful death claim with the State Board of Control. He discovered his mistake after the time for filing a timely claim had passed. The communitycollege district denied the late claim application and the trial court denied the section 946.6 petition. (42 Cal.3d at p. 273.) The Supreme Court reversed, finding the attorney otherwise diligent in investigating the claim, his mistake reasonable and his neglect in discovering the true facts excusable. ( Id. at p. 278.) It rejected the defendant college district's argument that the attorney's declaration was insufficient because he did not explain why he assumed the city college was part of the state system or how he discovered his error. "Although counsel's declaration could have been more specific, any doubts must be resolved in favor of granting relief. To hold otherwise would, in effect, totally bar plaintiffs' wrongful death action and would therefore contravene the strong public policy favoring trial on the merits. " ( Id. at p. 280.)