School District Shouldn’t Keep Secrets.

On May 10, a school district denied a claim made regarding a six-year old, but when it mailed notice of the denial on June 9, it did not include the date the claim was denied.  When the plaintiff petitioned under Government Code § 946.6 to file a late claim on December 3, a petition which must be filed within six months after a claim is denied, the petition stated the claim was denied on June 9.  The school district provided a declaration stating it was denied on May 10.  The superior court denied the claim because it was not made within six months of May 10.  The appellate court reversed and remanded to permit the plaintiff to amend the petition to allege the school district is estopped from asserting the six-month deadline.  D.C. v. Oakdale Joint Unified School District  (Cal. App. Fifth Dist.; March 1, 2012) 203 Cal.App.4th 1572, [138 Cal.Rptr.3d 421].