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4156 An attorney's reliance on an office secretary to keep track of calendaring deadlines and the secretary's erroneous belief that a public entity promising to preserve evidence for litigation of a claim has received notice of that claim, which resulted in presentation of the claim nine days after the deadline, is excusable neglect and in the absence of prejudice to the public entity requires granting of a petition for relief from the statutory claim-presentation requirement.
RENTERIA v JUVENILE JUSTICE (Late Claim) 135 CA4 903 [See: GovC 905, 911.2, 911.6, 946.6; Munoz v State 33 CA4 1767, T/AT 5/95; Dept / Water & Power v SUPERCT 82 CA4 1288, T/AT 9/00]
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