Viles v. State of California

In Viles v. State of California (1967) 66 Cal.2d 24, the plaintiff was contacted by representatives of the insurance companies insuring his vehicle and that of the other vehicle involved in the accident. He was informed by one or both of the insurance representatives that he had one year in which to file his action for the wrongful death of his wife. Relying on this information, plaintiff did not consult an attorney until nine months after the accident when he first learned about the 100-day claim filing requirement ( Id., at p. 27). The Supreme Court granted plaintiff relief by holding that his mistake as to the law "was of the type foreseen by the Legislature and that his neglect to present his claim within 100 days because of his honest belief that he had a year to act was excusable." ( Id., at p. 31.) Viles teaches that relief may be warranted when a mistake as to the time to act is induced by statements of persons on whom the claimant could reasonably rely ( Id., at pp. 29-30).