Cabamongan v. City of Long Beach

In Cabamongan v. City of Long Beach (1989) 208 Cal. App. 3d 946, plaintiffs' son was injured and subsequently died while playing at an elementary school located in Long Beach. A claim was filed within the requisite period against "the City of Long Beach School District aka The City of Long Beach" and served on the school district. (Id. at p. 948.) Later, plaintiffs filed a lawsuit against both the school district and the city, but were persuaded to drop the city after being informed the city had no involvement in the care and supervision of the child and that no government claim had been filed against it. Thereafter, plaintiffs learned new facts and filed an application to present a late claim against the city. The application was denied as was their motion for relief under section 946.6 filed approximately four months later. The Court of Appeal reversed because the trial court, in the exercise of its discretion, erroneously focused on the four-month period between denial of the application to file a late claim by the city and a petition for relief to the trial court. The Court of Appeal held that as long as the petition for relief is filed with the court within six months of the agency's denial, it must be deemed timely, and whether the filing occurred earlier or later within that period is irrelevant.