On appeal from denial of a Gov. Code 946.6 petition for relief from denial of his government claim as untimely, the plaintiff can argue, and the court can find that the plaintiff’s claim was actually timely, so no relief under section 946.6 was required. Here, plaintiff filed a government claim within 6 months of his injury. The defendant agency waived the procedural defects in that claim by not fulfilling its duty to notify plaintiff of those defects in denying his claim.