claimant to present claim in California

2020“Before a complaint may be filed against a public entity, the entity must be presented with a claim in the form required by the Government Claims Act.” (Westcon Construction Corp. v. County of Sacramento (2007) 152 Cal.App.4th 183, 190 .) “It is well settled that the purpose of the [Government Claims Act] ‘is to provide the public entity sufficient information to enable it to adequately investigate claims and to settle them, if appropriate, without the expense of litigation. [Citations.]’ [Citation.] To achieve this purpose, section 911.2 requires a claimant to present a claim to the public 16

1991Preliminarily, “the purpose of the claims statute ‘is to provide the public entity sufficient information to enable it to adequately investigate claims and to settle them, if appropriate, without the expense of litigation. [Citations.]’ [Citation.]” (Phillips v. Desert Hospital Dist. (1989) 49 Cal.3d 699, 705 [ 263 Cal.Rptr. 119 , 780 P.2d 349 ].) To achieve this end, section 911.2 requires a claimant to present a claim to the public entity within a specified time after accrual of the cause of action.

1989A. Notice and Defense-waiver Provisions of the Tort Claims Act It is well settled that the purpose of the claims statutes “is to provide the public entity sufficient information to enable it to adequately investigate claims and to settle them, if appropriate, without the expense of litigation. [Citations.]” (City of San Jose v. Superior Court (1974) 12 Cal. 3d 447, 455 [ 115 Cal.Rptr. 797 , 525 P.2d 701 , 76 A.L.R.3d 1223 ].) To achieve this purpose, section 911.2 requires a claimant to present a claim to the public entity within a specified time after accrual of the cause of action. 3 In medi

1989A. Notice and Defense-waiver Provisions of the Tort Claims Act It is well settled that the purpose of the claims statutes “is to provide the public entity sufficient information to enable it to adequately investigate claims and to settle them, if appropriate, without the expense of litigation. [Citations.]” (City of San Jose v. Superior Court (1974) 12 Cal. 3d 447, 455 [ 115 Cal.Rptr. 797 , 525 P.2d 701 , 76 A.L.R.3d 1223 ].) To achieve this purpose, section 911.2 requires a claimant to present a claim to the public entity within a specified time after accrual of the cause of action. 3 In medi

1989(Martinez v. County of Los Angeles (1978) 78 Cal.App.3d 242, 245 [ 144 Cal.Rptr. 123 ].) If the public entity determines a “claim as presented” fails to comply substantially with sections 910 and 910.2, and is therefore defective, the public entity may either “give written notice of [the claim’s] insufficiency, stating with particularity the defects or omissions therein” within 20 days (§ 910.8; see fn. 2, ante), or waive any defense “as to the sufficiency of the claim based upon a defect or omission in the claim as presented . . . .” (§911; see fn. 2, ante.) If the public entity does send a n

1989(Martinez v. County of Los Angeles (1978) 78 Cal.App.3d 242, 245 [ 144 Cal.Rptr. 123 ].) If the public entity determines a “claim as presented” fails to comply substantially with sections 910 and 910.2, and is therefore defective, the public entity may either “give written notice of [the claim’s] insufficiency, stating with particularity the defects or omissions therein” within 20 days (§ 910.8; see fn. 2, ante), or waive any defense “as to the sufficiency of the claim based upon a defect or omission in the claim as presented . . . .” (§911; see fn. 2, ante.) If the public entity does send a n

1967(Viles v. State of California, 66 Cal.2d 24, 33 [ 56 Cal.Rptr. 666 , 423 P.2d 818 ].) In a proper case a public entity may be estopped to assert the failure of a claimant to present a claim, or to present it within time, to avoid liability upon a cause of action conditioned upon the prescribed presentation of a claim.

1967(Viles v. State of California, 66 Cal.2d 24, 33 [ 56 Cal.Rptr. 666 , 423 P.2d 818 ].) In a proper case a public entity may be estopped to assert the failure of a claimant to present a claim, or to present it within time, to avoid liability upon a cause of action conditioned upon the prescribed presentation of a claim.

1967(Rand v. Andreatta, 60 Cal.2d 846, 849-850 [ 36 Cal.Rptr. 846 , 389 P.2d 382 ]; Farrell v. County of Placer, 23 Cal.2d 624, 627 [ 145 P.2d 570 , 153 A.L.R. 323 ].) Where a claimant, in reliance upon the representation of an authorized employee of the public entity that his application to file a late claim has been granted and his claim denied, loses his right to petition the court for leave to make a late presentation, the public entity will be estopped to assert it did not grant his application.

1967(Rand v. Andreatta, 60 Cal.2d 846, 849-850 [ 36 Cal.Rptr. 846 , 389 P.2d 382 ]; Farrell v. County of Placer, 23 Cal.2d 624, 627 [ 145 P.2d 570 , 153 A.L.R. 323 ].) Where a claimant, in reliance upon the representation of an authorized employee of the public entity that his application to file a late claim has been granted and his claim denied, loses his right to petition the court for leave to make a late presentation, the public entity will be estopped to assert it did not grant his application.

1967(Rand v. Andreatta, 60 Cal.2d 846, 849-850 [ 36 Cal.Rptr. 846 , 389 P.2d 382 ]; Farrell v. County of Placer, 23 Cal.2d 624, 627 [ 145 P.2d 570 , 153 A.L.R. 323 ].) Where a claimant, in reliance upon the representation of an authorized employee of the public entity that his application to file a late claim has been granted and his claim denied, loses his right to petition the court for leave to make a late presentation, the public entity will be estopped to assert it did not grant his application.

1967(Rand v. Andreatta, 60 Cal.2d 846, 849-850 [ 36 Cal.Rptr. 846 , 389 P.2d 382 ]; Farrell v. County of Placer, 23 Cal.2d 624, 627 [ 145 P.2d 570 , 153 A.L.R. 323 ].) Where a claimant, in reliance upon the representation of an authorized employee of the public entity that his application to file a late claim has been granted and his claim denied, loses his right to petition the court for leave to make a late presentation, the public entity will be estopped to assert it did not grant his application.

1952(Walker v. Department of Public Works, 108 Cal.App. 508, 516 [ 291 P. 907 ].) Moreover, section 16044 of the Government Code requires a claimant to present his claim to the State Board of Control before suit is brought thereon and section 16047 of the same code requires the filing of an undertaking at the time of the commencement of the action in any suit against the state.

1952(Walker v. Department of Public Works, 108 Cal.App. 508, 516 [ 291 P. 907 ].) Moreover, section 16044 of the Government Code requires a claimant to present his claim to the State Board of Control before suit is brought thereon and section 16047 of the same code requires the filing of an undertaking at the time of the commencement of the action in any suit against the state.