Traci Wilson-Pope v. State of California, California Highway Patrol and William Sam Archibald 18CVP-0091

Re: Petition for Permission to File a Late Claim

Date: April 3, 2018

Petitioner Traci Wilson-Pope filed her Petition for Permission to File Late Claim for Damages of Traci Wilson-Pope, an Individual, to a Governmental/Public Entity Pursuant to Government Code section 911.4 (“Petition”) on March 12, 2018. The Petition is brought pursuant to Government Code section 946.6.

Under section Code 946.6(d), a copy of the Petition (including written notice of the time and place of hearing) must be served on the Attorney General as prescribed by Code of Civil Procedure section 1005(b). For personal service, this means it must be served 16 court days before the hearing. The proof of service filed with the Petition shows proof of service on the Attorney General via personal service on March 16, 2018, which is only 11 court days before the April 3, 2018, hearing.1 Service was required by March 9, 2018, at the latest. No opposition or appearance has been made by the State of California.

The Petition is denied without prejudice for lack of proper notice.
1 The Court also notes that the notice of hearing showed a hearing date of March 3, 2018 in the body of the notice. Petitioner filed and served a notice of errata setting forth the correct hearing date, which was filed and served by mail on March 20, 2018.