# Viles v. State of California

> California Supreme Court · February 24, 1967 · 66 Cal. 2d 24

URL: https://www.frixlaw.com/law-library/cases/9844575

## Case

- **Full name:** JACK D. VILES, an Incompetent Person, Etc., Plaintiff and Appellant, v. STATE OF CALIFORNIA, Defendant and Respondent
- **Court:** California Supreme Court
- **Decided:** February 24, 1967
- **Citations:** 66 Cal. 2d 24; 56 Cal. Rptr. 666; 423 P.2d 818; 1967 Cal. LEXIS 279
- **Precedential status:** Published
- **Opinion:** Dissent by Burke
- **Judges:** McComb, Burke
- **Cited by:** 104 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9844575

## Opinion text

BURKE, J.
I dissent. Plaintiff’s only asserted mistake was one of law in being unaware of the claims statute until after expiration of the 100-day period. In my view such a mistake should be held an insufficient excuse for failure to timely present a claim. To compel trial courts to grant relief on a plea of ignorance of the law, as does the majority opinion here, I fear will serve to open the door to evasion and eventual erosion of the claims legislation for all practical purposes.
I would affirm the trial court’s order denying the petition for leave to present a late claim.
Respondent’s petition for a rehearing was denied March 22, 1967. Burke, J., was of the opinion that the petition should be granted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9844575. Public record. Not legal advice.