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Government Claims statute

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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The trial court properly sustained a demurrer to this employee's FEHA claims against the district for failure to comply with the Government Claims Act.  Even if substantial compliance were allowed, the alleged facts showed no substantial compliance.  Plaintiff's complaints were filed with the wrong entities and did not state the facts needed in a proper government claim.  A second claim… Read More

The Government Claims Statute (Gov. Code 905) requires plaintiffs to file a government claim with the prospective government entity defendant before filing a suit for damages.  However, the statute does not apply to actions for injunctive, specific, or declaratory relief--even if the declaration might be used in a later suit for damages.  Here, a contractor sued for a declaration regarding… Read More

(A complaint form that plaintiff's mother filed with the school district did not constitute substantial compliance with the Government Claims Act because it did not indicate that plaintiff sought damages or provide any estimate of the amount of damages sought.  The school district was not required to inform plaintiff about the ways in which the complaint failed to satisfy Claims… Read More