compliance is not applicable doctrine (California) · Go Syfert
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compliance is not applicable doctrine in California

10 California opinions name it 1 courts 1957–2023 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Jackson v. Board of Educationgreen
calctapp · 1967 · cited in 4 California opinions naming this issue, 1973–1990
2 sentences

1990Co. v. County of Riverside, supra, 106 Cal. App.3d at p. 188 .) In appropriate cases, where the public entity has suffered no prejudice, substantial compliance will be found. ( Elias v. Bernardino County Flood Control Dist., supra, 68 Cal. App.3d at p. 74 ; Donohue v. State of California (1986) 178 Cal. App.3d 795, 804 [ 224 Cal. Rptr. 57 ].) "So long as the purposes of the claims statute are effectuated, its requirements should be given a liberal construction in order to permit full adjudication of the case on its merits." ( Dilts v. Cantua Elementary School Dist., supra, 189 Cal. App.3d at p

1990Co. v. County of Riverside, supra, 106 Cal. App.3d at p. 188 .) In appropriate cases, where the public entity has suffered no prejudice, substantial compliance will be found. ( Elias v. Bernardino County Flood Control Dist., supra, 68 Cal. App.3d at p. 74 ; Donohue v. State of California (1986) 178 Cal. App.3d 795, 804 [ 224 Cal. Rptr. 57 ].) "So long as the purposes of the claims statute are effectuated, its requirements should be given a liberal construction in order to permit full adjudication of the case on its merits." ( Dilts v. Cantua Elementary School Dist., supra, 189 Cal. App.3d at p

34
Donohue v. State of Californiagreen
calctapp · 1986 · cited in 2 California opinions naming this issue, 1990–1990
2 sentences

1990(Elias v. Bernardino County Flood Control Dist., supra, 68 Cal.App.3d at p. 74 ; Donohue v. State of California (1986) 178 Cal.App.3d 795, 804 [ 224 Cal.Rptr. 57 ].) “So long as the purposes of the claims statute are effectuated, its requirements should be given a liberal construction in order to permit full adjudication of the case on its merits.” (Dilts v. Cantua Elementary School Dist., supra, 189 Cal.App.3d at p. 33 ; Minsky v. City of Los Angeles (1974) 11 Cal.3d 113, 123 [ 113 Cal.Rptr. 102 , 520 P.2d 726 ].) On the other hand, “[t]he doctrine of substantial compliance is not applicable

1990(Elias v. Bernardino County Flood Control Dist., supra, 68 Cal.App.3d at p. 74 ; Donohue v. State of California (1986) 178 Cal.App.3d 795, 804 [ 224 Cal.Rptr. 57 ].) “So long as the purposes of the claims statute are effectuated, its requirements should be given a liberal construction in order to permit full adjudication of the case on its merits.” (Dilts v. Cantua Elementary School Dist., supra, 189 Cal.App.3d at p. 33 ; Minsky v. City of Los Angeles (1974) 11 Cal.3d 113, 123 [ 113 Cal.Rptr. 102 , 520 P.2d 726 ].) On the other hand, “[t]he doctrine of substantial compliance is not applicable

22
Minsky v. City of Los Angelesgreen
cal · 1974 · cited in 2 California opinions naming this issue, 1990–1990
2 sentences

1990(Elias v. Bernardino County Flood Control Dist., supra, 68 Cal.App.3d at p. 74 ; Donohue v. State of California (1986) 178 Cal.App.3d 795, 804 [ 224 Cal.Rptr. 57 ].) “So long as the purposes of the claims statute are effectuated, its requirements should be given a liberal construction in order to permit full adjudication of the case on its merits.” (Dilts v. Cantua Elementary School Dist., supra, 189 Cal.App.3d at p. 33 ; Minsky v. City of Los Angeles (1974) 11 Cal.3d 113, 123 [ 113 Cal.Rptr. 102 , 520 P.2d 726 ].) On the other hand, “[t]he doctrine of substantial compliance is not applicable

1990(Elias v. Bernardino County Flood Control Dist., supra, 68 Cal.App.3d at p. 74 ; Donohue v. State of California (1986) 178 Cal.App.3d 795, 804 [ 224 Cal.Rptr. 57 ].) “So long as the purposes of the claims statute are effectuated, its requirements should be given a liberal construction in order to permit full adjudication of the case on its merits.” (Dilts v. Cantua Elementary School Dist., supra, 189 Cal.App.3d at p. 33 ; Minsky v. City of Los Angeles (1974) 11 Cal.3d 113, 123 [ 113 Cal.Rptr. 102 , 520 P.2d 726 ].) On the other hand, “[t]he doctrine of substantial compliance is not applicable

22
Cooper v. County of Buttegreen
calctapp · 1936 · cited in 2 California opinions naming this issue, 1957–1959
2 sentences

1959(Citations.) ’ ’ In Whitson v. LaPay, 153 Cal.App.2d 584, 590 [ 315 P.2d 45 ], it is held that “The filing of an unverified claim is not a substantial compliance with a statute or ordinance requiring the filing of a verified claim (Spencer v. City of Calipatria, 9 Cal.App.2d 267, 269 [ 49 P.2d 320 ] ; Cooper v. County of Butte, 17 Cal.App.2d 43, 47 [ 61 P.2d 516 ]) and the doctrine of substantial compliance is not applicable to a claim which fails to state the claimant’s address where the statute or ordinance so requires.

1959(Citations.) ’ ’ In Whitson v. LaPay, 153 Cal.App.2d 584, 590 [ 315 P.2d 45 ], it is held that “The filing of an unverified claim is not a substantial compliance with a statute or ordinance requiring the filing of a verified claim (Spencer v. City of Calipatria, 9 Cal.App.2d 267, 269 [ 49 P.2d 320 ] ; Cooper v. County of Butte, 17 Cal.App.2d 43, 47 [ 61 P.2d 516 ]) and the doctrine of substantial compliance is not applicable to a claim which fails to state the claimant’s address where the statute or ordinance so requires.

22
Spencer v. City of Calipatriagreen
calctapp · 1935 · cited in 2 California opinions naming this issue, 1957–1959
2 sentences

1959(Citations.) ’ ’ In Whitson v. LaPay, 153 Cal.App.2d 584, 590 [ 315 P.2d 45 ], it is held that “The filing of an unverified claim is not a substantial compliance with a statute or ordinance requiring the filing of a verified claim (Spencer v. City of Calipatria, 9 Cal.App.2d 267, 269 [ 49 P.2d 320 ] ; Cooper v. County of Butte, 17 Cal.App.2d 43, 47 [ 61 P.2d 516 ]) and the doctrine of substantial compliance is not applicable to a claim which fails to state the claimant’s address where the statute or ordinance so requires.

1959(Citations.) ’ ’ In Whitson v. LaPay, 153 Cal.App.2d 584, 590 [ 315 P.2d 45 ], it is held that “The filing of an unverified claim is not a substantial compliance with a statute or ordinance requiring the filing of a verified claim (Spencer v. City of Calipatria, 9 Cal.App.2d 267, 269 [ 49 P.2d 320 ] ; Cooper v. County of Butte, 17 Cal.App.2d 43, 47 [ 61 P.2d 516 ]) and the doctrine of substantial compliance is not applicable to a claim which fails to state the claimant’s address where the statute or ordinance so requires.

22
Eppstein v. City of Berkeleygreen
calctapp · 1942 · cited in 2 California opinions naming this issue, 1957–1959
2 sentences

1959(Eppstein v. City of Berkeley, 52 Cal.App. 2d 395, 397 [ 126 P.2d 365 ].)” In Parodi v. City & County of San Francisco, 160 Cal.App.2d 577, 580 [ 325 P.2d 224 ], it is said: “The California cases considering claim statutes have held that substantial compliance with the statute only is required and have set forth what is necessary to constitute substantial compliance.

1959(Eppstein v. City of Berkeley, 52 Cal.App. 2d 395, 397 [ 126 P.2d 365 ].)” In Parodi v. City & County of San Francisco, 160 Cal.App.2d 577, 580 [ 325 P.2d 224 ], it is said: “The California cases considering claim statutes have held that substantial compliance with the statute only is required and have set forth what is necessary to constitute substantial compliance.

22
Jamison v. State of Californiagreen
calctapp · 1973 · cited in 3 California opinions naming this issue, 1990–1994
2 sentences

1994(See Jamison v. State of California (1973) 31 Cal.App.3d 513, 517 [ 107 Cal.Rptr. 496 ] [“The doctrine of substantial compliance is not applicable to a claim which is addressed to the wrong entity." (Italics in original.)]; Santee v. Santa Clara County Office of Education (1990) 220 Cal.App.3d 702 [ 269 Cal.Rptr. 605 ]; Johnson v. San Diego Unified School Dist. (1990) 217 Cal.App.3d 692, 697 [ 266 Cal.Rptr. 187 ].) In Johnson , the plaintiff filed a claim with the State Board of Control seeking recovery of damages arising from a local school district’s negligence.

1994(See Jamison v. State of California (1973) 31 Cal.App.3d 513, 517 [ 107 Cal.Rptr. 496 ] [“The doctrine of substantial compliance is not applicable to a claim which is addressed to the wrong entity." (Italics in original.)]; Santee v. Santa Clara County Office of Education (1990) 220 Cal.App.3d 702 [ 269 Cal.Rptr. 605 ]; Johnson v. San Diego Unified School Dist. (1990) 217 Cal.App.3d 692, 697 [ 266 Cal.Rptr. 187 ].) In Johnson , the plaintiff filed a claim with the State Board of Control seeking recovery of damages arising from a local school district’s negligence.

13
Johnson v. San Diego Unified School Districtgreen
calctapp · 1990 · cited in 1 California opinions naming this issue, 1994–1994
2 sentences

1994(See Jamison v. State of California (1973) 31 Cal.App.3d 513, 517 [ 107 Cal.Rptr. 496 ] [“The doctrine of substantial compliance is not applicable to a claim which is addressed to the wrong entity." (Italics in original.)]; Santee v. Santa Clara County Office of Education (1990) 220 Cal.App.3d 702 [ 269 Cal.Rptr. 605 ]; Johnson v. San Diego Unified School Dist. (1990) 217 Cal.App.3d 692, 697 [ 266 Cal.Rptr. 187 ].) In Johnson , the plaintiff filed a claim with the State Board of Control seeking recovery of damages arising from a local school district’s negligence.

1994(See Jamison v. State of California (1973) 31 Cal.App.3d 513, 517 [ 107 Cal.Rptr. 496 ] [“The doctrine of substantial compliance is not applicable to a claim which is addressed to the wrong entity." (Italics in original.)]; Santee v. Santa Clara County Office of Education (1990) 220 Cal.App.3d 702 [ 269 Cal.Rptr. 605 ]; Johnson v. San Diego Unified School Dist. (1990) 217 Cal.App.3d 692, 697 [ 266 Cal.Rptr. 187 ].) In Johnson , the plaintiff filed a claim with the State Board of Control seeking recovery of damages arising from a local school district’s negligence.

11
McGranahan v. Rio Vista Joint Union High School Districtgreen
calctapp · 1964 · cited in 1 California opinions naming this issue, 1969–1969
2 sentences

1969(McGranahan v. Rio Vista etc. School Dist., 224 Cal.App.2d 624, 630 [ 36 Cal.Rptr. 798 ].) 5 On its face the statute requiring the board to give a claimant notice of “insufficiency of claim ’ ’ implies the prior presentation of such claim.

1969(McGranahan v. Rio Vista etc. School Dist., 224 Cal.App.2d 624, 630 [ 36 Cal.Rptr. 798 ].) 5 On its face the statute requiring the board to give a claimant notice of “insufficiency of claim ’ ’ implies the prior presentation of such claim.

11
Whitson v. LaPaygreen
calctapp · 1957 · cited in 1 California opinions naming this issue, 1959–1959
2 sentences

1959(Citations.) ’ ’ In Whitson v. LaPay, 153 Cal.App.2d 584, 590 [ 315 P.2d 45 ], it is held that “The filing of an unverified claim is not a substantial compliance with a statute or ordinance requiring the filing of a verified claim (Spencer v. City of Calipatria, 9 Cal.App.2d 267, 269 [ 49 P.2d 320 ] ; Cooper v. County of Butte, 17 Cal.App.2d 43, 47 [ 61 P.2d 516 ]) and the doctrine of substantial compliance is not applicable to a claim which fails to state the claimant’s address where the statute or ordinance so requires.

1959(Citations.) ’ ’ In Whitson v. LaPay, 153 Cal.App.2d 584, 590 [ 315 P.2d 45 ], it is held that “The filing of an unverified claim is not a substantial compliance with a statute or ordinance requiring the filing of a verified claim (Spencer v. City of Calipatria, 9 Cal.App.2d 267, 269 [ 49 P.2d 320 ] ; Cooper v. County of Butte, 17 Cal.App.2d 43, 47 [ 61 P.2d 516 ]) and the doctrine of substantial compliance is not applicable to a claim which fails to state the claimant’s address where the statute or ordinance so requires.

11
Parodi v. City & County of San Franciscogreen
calctapp · 1958 · cited in 1 California opinions naming this issue, 1959–1959
2 sentences

1959(Eppstein v. City of Berkeley, 52 Cal.App. 2d 395, 397 [ 126 P.2d 365 ].)” In Parodi v. City & County of San Francisco, 160 Cal.App.2d 577, 580 [ 325 P.2d 224 ], it is said: “The California cases considering claim statutes have held that substantial compliance with the statute only is required and have set forth what is necessary to constitute substantial compliance.

1959(Eppstein v. City of Berkeley, 52 Cal.App. 2d 395, 397 [ 126 P.2d 365 ].)” In Parodi v. City & County of San Francisco, 160 Cal.App.2d 577, 580 [ 325 P.2d 224 ], it is said: “The California cases considering claim statutes have held that substantial compliance with the statute only is required and have set forth what is necessary to constitute substantial compliance.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Dilts v. Cantua Elementary School District green
calctapp · 1987
2 sentences

1990Co. v. County of Riverside, supra, 106 Cal. App.3d at p. 188 .) In appropriate cases, where the public entity has suffered no prejudice, substantial compliance will be found. ( Elias v. Bernardino County Flood Control Dist., supra, 68 Cal. App.3d at p. 74 ; Donohue v. State of California (1986) 178 Cal. App.3d 795, 804 [ 224 Cal. Rptr. 57 ].) "So long as the purposes of the claims statute are effectuated, its requirements should be given a liberal construction in order to permit full adjudication of the case on its merits." ( Dilts v. Cantua Elementary School Dist., supra, 189 Cal. App.3d at p

1990(Elias v. Bernardino County Flood Control Dist., supra, 68 Cal.App.3d at p. 74 ; Donohue v. State of California (1986) 178 Cal.App.3d 795, 804 [ 224 Cal.Rptr. 57 ].) “So long as the purposes of the claims statute are effectuated, its requirements should be given a liberal construction in order to permit full adjudication of the case on its merits.” (Dilts v. Cantua Elementary School Dist., supra, 189 Cal.App.3d at p. 33 ; Minsky v. City of Los Angeles (1974) 11 Cal.3d 113, 123 [ 113 Cal.Rptr. 102 , 520 P.2d 726 ].) On the other hand, “[t]he doctrine of substantial compliance is not applicable

21990–1990
Elias v. San Bernardino County Flood Control District green
calctapp · 1977
2 sentences

1990Co. v. County of Riverside, supra, 106 Cal. App.3d at p. 188 .) In appropriate cases, where the public entity has suffered no prejudice, substantial compliance will be found. ( Elias v. Bernardino County Flood Control Dist., supra, 68 Cal. App.3d at p. 74 ; Donohue v. State of California (1986) 178 Cal. App.3d 795, 804 [ 224 Cal. Rptr. 57 ].) "So long as the purposes of the claims statute are effectuated, its requirements should be given a liberal construction in order to permit full adjudication of the case on its merits." ( Dilts v. Cantua Elementary School Dist., supra, 189 Cal. App.3d at p

1990(Elias v. Bernardino County Flood Control Dist., supra, 68 Cal.App.3d at p. 74 ; Donohue v. State of California (1986) 178 Cal.App.3d 795, 804 [ 224 Cal.Rptr. 57 ].) “So long as the purposes of the claims statute are effectuated, its requirements should be given a liberal construction in order to permit full adjudication of the case on its merits.” (Dilts v. Cantua Elementary School Dist., supra, 189 Cal.App.3d at p. 33 ; Minsky v. City of Los Angeles (1974) 11 Cal.3d 113, 123 [ 113 Cal.Rptr. 102 , 520 P.2d 726 ].) On the other hand, “[t]he doctrine of substantial compliance is not applicable

21990–1990
Kabran v. Sharp Memorial Hosp. green
cal · 2017
1 sentence

2023Code, § 900 et seq.), “ ‘[t]he doctrine of substantial compliance is not applicable to a claim which is addressed to the wrong entity’ ”].) “A trial court lacks jurisdiction in the fundamental sense where there is ‘ . . . an absence of authority over . . . the parties.’ ” (Thompson Pacific Construction, Inc. v. City of Sunnyvale (2007) 155 Cal.App.4th 525, 538 .) “ ‘[A] collateral attack on a final judgment may be made at any time when the judgment under challenge is void because of an absence of “fundamental jurisdiction.” ’ ” (Kabran v. Sharp Memorial Hospital (2017) 2 Cal.5th 330, 339 .) Be

12023–2023
Thompson Pacific Construction Inc. v. City of Sunnyvale green
calctapp · 2007
1 sentence

2023Code, § 900 et seq.), “ ‘[t]he doctrine of substantial compliance is not applicable to a claim which is addressed to the wrong entity’ ”].) “A trial court lacks jurisdiction in the fundamental sense where there is ‘ . . . an absence of authority over . . . the parties.’ ” (Thompson Pacific Construction, Inc. v. City of Sunnyvale (2007) 155 Cal.App.4th 525, 538 .) “ ‘[A] collateral attack on a final judgment may be made at any time when the judgment under challenge is void because of an absence of “fundamental jurisdiction.” ’ ” (Kabran v. Sharp Memorial Hospital (2017) 2 Cal.5th 330, 339 .) Be

12023–2023
Santee v. Santa Clara County Office of Education green
calctapp · 1990
2 sentences

1994(See Jamison v. State of California (1973) 31 Cal.App.3d 513, 517 [ 107 Cal.Rptr. 496 ] [“The doctrine of substantial compliance is not applicable to a claim which is addressed to the wrong entity." (Italics in original.)]; Santee v. Santa Clara County Office of Education (1990) 220 Cal.App.3d 702 [ 269 Cal.Rptr. 605 ]; Johnson v. San Diego Unified School Dist. (1990) 217 Cal.App.3d 692, 697 [ 266 Cal.Rptr. 187 ].) In Johnson , the plaintiff filed a claim with the State Board of Control seeking recovery of damages arising from a local school district’s negligence.

1994(See Jamison v. State of California (1973) 31 Cal.App.3d 513, 517 [ 107 Cal.Rptr. 496 ] [“The doctrine of substantial compliance is not applicable to a claim which is addressed to the wrong entity." (Italics in original.)]; Santee v. Santa Clara County Office of Education (1990) 220 Cal.App.3d 702 [ 269 Cal.Rptr. 605 ]; Johnson v. San Diego Unified School Dist. (1990) 217 Cal.App.3d 692, 697 [ 266 Cal.Rptr. 187 ].) In Johnson , the plaintiff filed a claim with the State Board of Control seeking recovery of damages arising from a local school district’s negligence.

11994–1994
Pacific Telephone & Telegraph Co. v. County of Riverside green
calctapp · 1980
1 sentence

1990Co. v. County of Riverside, supra, 106 Cal. App.3d at p. 188 .) In appropriate cases, where the public entity has suffered no prejudice, substantial compliance will be found. ( Elias v. Bernardino County Flood Control Dist., supra, 68 Cal. App.3d at p. 74 ; Donohue v. State of California (1986) 178 Cal. App.3d 795, 804 [ 224 Cal. Rptr. 57 ].) "So long as the purposes of the claims statute are effectuated, its requirements should be given a liberal construction in order to permit full adjudication of the case on its merits." ( Dilts v. Cantua Elementary School Dist., supra, 189 Cal. App.3d at p

11990–1990
Venstone Stone v. District of Columbia green
cadc · 1956
2 sentences

1973In Stone v. District of Columbia, 237 F.2d 28 [ 99 App.D.C. 32 ], certiorari denied 352 U.S. 934 [ 1 L.Ed.2d 160 , 77 S.Ct. 221 ], notice was delivered to the legal department rather than the designated statutory official; this procedure was held “equivalent to notice to the Commissioners for the purposes of” the statute. ( 237 F.2d at p. 30 .) The following conclusions may be drawn from the foregoing cases: (1) The doctrine of substantial compliance is not applicable to a claim which is addressed to the wrong entity.

1973In Stone v. District of Columbia, 237 F.2d 28 [ 99 App.D.C. 32 ], certiorari denied 352 U.S. 934 [ 1 L.Ed.2d 160 , 77 S.Ct. 221 ], notice was delivered to the legal department rather than the designated statutory official; this procedure was held “equivalent to notice to the Commissioners for the purposes of” the statute. ( 237 F.2d at p. 30 .) The following conclusions may be drawn from the foregoing cases: (1) The doctrine of substantial compliance is not applicable to a claim which is addressed to the wrong entity.

11973–1973
District of Columbia v. Stone green
scotus · 1956
2 sentences

1973In Stone v. District of Columbia, 237 F.2d 28 [ 99 App.D.C. 32 ], certiorari denied 352 U.S. 934 [ 1 L.Ed.2d 160 , 77 S.Ct. 221 ], notice was delivered to the legal department rather than the designated statutory official; this procedure was held “equivalent to notice to the Commissioners for the purposes of” the statute. ( 237 F.2d at p. 30 .) The following conclusions may be drawn from the foregoing cases: (1) The doctrine of substantial compliance is not applicable to a claim which is addressed to the wrong entity.

1973In Stone v. District of Columbia, 237 F.2d 28 [ 99 App.D.C. 32 ], certiorari denied 352 U.S. 934 [ 1 L.Ed.2d 160 , 77 S.Ct. 221 ], notice was delivered to the legal department rather than the designated statutory official; this procedure was held “equivalent to notice to the Commissioners for the purposes of” the statute. ( 237 F.2d at p. 30 .) The following conclusions may be drawn from the foregoing cases: (1) The doctrine of substantial compliance is not applicable to a claim which is addressed to the wrong entity.

11973–1973
Cruise v. City & County of San Francisco green
calctapp · 1951
1 sentence

1964The plaintiff next cites Farrell v. County of Placer, 23 Cal.2d 624 [ 145 P.2d 570 , 153 A.L.R. 323 ], and Cruise v. City & County of San Francisco, 101 Cal.App.2d 558 [225 *630 P.2d 988], and contends that the district is estopped by the conduct of its agents from insisting that the claim be filed within the statutory time.

11964–1964
Farrell v. County of Placer green
cal · 1944
2 sentences

1964The plaintiff next cites Farrell v. County of Placer, 23 Cal.2d 624 [ 145 P.2d 570 , 153 A.L.R. 323 ], and Cruise v. City & County of San Francisco, 101 Cal.App.2d 558 [225 *630 P.2d 988], and contends that the district is estopped by the conduct of its agents from insisting that the claim be filed within the statutory time.

1964The plaintiff next cites Farrell v. County of Placer, 23 Cal.2d 624 [ 145 P.2d 570 , 153 A.L.R. 323 ], and Cruise v. City & County of San Francisco, 101 Cal.App.2d 558 [225 *630 P.2d 988], and contends that the district is estopped by the conduct of its agents from insisting that the claim be filed within the statutory time.

11964–1964

Statutes the citing opinions construe

CA § Cal. Government Code § 900 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 10 (1957–2023) MD 2 (2003–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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