(a)Where provision is made by or pursuant to law that no suit may be brought against a public agency as defined in Section 53050 unless and until a claim is presented to the agency, the failure to present a claim does not constitute a bar or defense to the maintenance of a suit against the public agency if, during the 70 days immediately following the accrual of the cause of action, either of the following apply:
(1)No statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains
an office, as required by Section 53051.
(2)A statement or amended statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, but the information contained therein is so inaccurate or incomplete that it does not substantially conform to the requirements of Section 53051.
(b)On any question of fact arising within the scope of paragraphs (1) and (2) of subdivision (a), the burden of proof is upon the public agency.
(c)This section is inapplicable where the presentation of a claim is required by a claims procedure established by
agreement made pursuant to Section 930.2 unless the procedure so prescribed requires that the claim be presented to the governing body of the public agency or to a person listed in Section 53051.
Notes of Decisions
Banfield v. Sierra View Local Dist. Hosp., 124 Cal. App. 3d 444 (Cal. Ct. App. 1981).
· cites it 2× “" [6] Government Code section 946.4 provides in pertinent part: "(a) Where provision is made by or pursuant to law that no suit may be brought against a public agency as defined in Section 53050 unless and until a claim is presented to the agency, the failure to present a claim…”
Elmore v. Oak Valley Hosp. Dist., 204 Cal. App. 3d 716 (Cal. Ct. App. 1988).
“” 4 Government Code section 946.4 states in part: “(a) Where provision is made by or pursuant to law that no suit may be brought against a public agency as defined in Section 53050 unless and until a claim is presented to the agency, the failure to present a claim does not…”
Hovd v. Hayward Unified Sch. Dist., 74 Cal. App. 3d 470 (Cal. Ct. App. 1977).
“” Section 53051 of that code requires a public agency to file with the Secretary of State and the county clerk its name and address, and the names and addresses of its governing board members and officers, in an indexed Roster of Public Agencies. We agree with appellant that…”
De Picciotto v. Seneca Healthcare Dist. (E.D. Cal. 2020).
“An exception is provided in California Government Code § 946.4, 16 under which a claim is not required to be presented to the public entity if “[n]o statement 17 pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies 18 in the office…”
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