Partners Gregg Thornton and Danielle Lewis Obtain Win for East Bay Municipal Utility District
In a significant bodily injury claim, the plaintiff neglected to serve EBMUD with a government tort claim in a timely fashion. The plaintiff sought leave from EBMUD to serve a late claim. When EBMUD denied the plaintiff's request to serve a late claim, the plaintiff petitioned the court directly, asking the court to exercise its discretion, in the interest of justice, to issue an order allowing the plaintiff to sue EBMUD, even though the plaintiff had not complied with the government tort claim requirements. Essentially, the plaintiff attorney argued excusable neglect, and that the client should not be prejudiced by the attorney's inadvertent mistake. In opposing the petition, Gregg and Danielle argued that the plaintiff's failure to serve a timely tort claim was not the result of excusable neglect. The court denied the petition, agreeing that the failure to serve a timely tort claim was not the result of excusable neglect, holding that the plaintiff's lawsuit against EBMUD is time barred.
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