Category: Claim Procedure
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Because the Government Claims Act Occupies the Field of Claims to Public Entities for Damages, Local Administrative Procedures for Seeking Tax Refunds Are Preempted
In Tesoro Refining & Marketing Company, LLC v. City of Carson, published August 10, 2026, the California Supreme Court reversed the holding of the lower appellate court affirming dismissal on demurrer. A city ordinance imposed a tax on persons engaged in operating oil refineries or facilities that store petroleum products a business license tax. The…
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Settlement Demand Letter Delivered to City Council Member Cannot Satisfy Claim Presentation Requirement
In Eagle Colton 55, LP v. City of Colton, published July 21, 2026, the Fourth District Court of Appeal, Division 1 reversed an order denying an anti-SLAPP special motion to strike. The city entered into an agreement with the plaintiff for the building and management of an affordable senior housing community. As part of the…
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Claims That Alleged Continuing Conduct but Failed to Identify Date or Range of Dates Did Not Comply with Government Claims Act
In Khedr v. Superior Court (Broadmoor Police Protection Dist. et al), ordered published July 13, 2026, the First District Court of Appeal, Division 5 declined to issue a writ overturning an order partially sustaining a demurrer. The petitioners, part-time police officers with the defendant district, alleged that they were retaliated against and ultimately terminated after…
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Plaintiff Who Files and Serves Lawsuit while Claim under Consideration Cannot Cure Prematurity by Dismissing and Refiling Suit
In Harland v. City of West Hollywood, published June 2, 2026, the Second District Court of Appeal, Division 8 affirmed dismissal of the action after demurrer. The plaintiff alleged she tripped and fell due to a sidewalk condition. Two days before the six-month claim-presentation period expired, plaintiff’s counsel mailed a claim for damages to the…
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A Public Services Corporation Formed by a Public Agency May Itself Be a Public Agency for Purposes of the Government Claims Act
In Black v. Los Angeles County Metropolitan Transportation Authority, published December 2, 2025, the appellate court reversed a dismissal after demurrer. The plaintiff sued Public Transportation Services Corporation alleging wrongful termination in violation of public policy and violation of Labor Code section 970. The corporation moved for judgment on the pleadings on the ground the…
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County Sheriff Does Not Have Power to Unilaterally Contract with Conflict Counsel; Law Firm’s Notice of Right to Fee Arbitration Could Not Serve as Claim for Damages
In County of Los Angeles v. Quinn Emanuel Urquhart & Sullivan, LLP, published October 23, 2025, the Second District Court of Appeal, Division 8 affirmed summary judgment in one consolidated appeal, and dismissal on demurrer in another. The plaintiff county filed a writ petition against its sheriff. Its county counsel sent the sheriff a letter…
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AB 218’s Revival of Abuse Claims Barred by Claim Deadline Is Not Unconstitutional Gift of Public Funds
In O.B. v. Los Angeles Unified School District, ordered published August 27, 2025, the Second District Court of Appeal, Division 1 reversed judgment on the pleadings granted to the defendant district. The plaintiff filed a lawsuit in 2021 arising out of alleged sexual assault by a teacher in 2003. The plaintiff alleged that the district…
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The Claim-Presentation Deadline for Imprisonment Based on Alleged Public Defender Malpractice Is Six Months, Not One Year
In McCurdy v. County of Riverside, published November 21, 2024, the Fourth District Court of Appeal, Division 1 affirmed a trial court decision denying a petition for relief from the claim requirements under Government Code section 946.6. The plaintiff was on probation. At an October 2020 hearing, his public defender allegedly committed malpractice that resulted in…
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AB 218’s Revival of Abuse Cases Barred by Claim Deadline Is Not Gift of Public Funds
In West Contra Costa Unified School District v. Superior Court (A.M.M.), published July 31, 2024, the First District Court of Appeal, Division 5 denied a petition for a writ overturning the trial court's order overruling the petitioner district's demurrer. The district challenged Assembly Bill 218's amendments to Code of Civil Procedure section 340.1, which created a…
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Plaintiff’s Correspondence with Department of Fair Employment and Housing Did Not Substantially Comply with the Claim Presentation Requirements
In Campbell v. Los Angeles Unified School Dist., ordered published May 21, 2024, the Second District Court of Appeal, Division 8 affirmed the dismissal of an employment lawsuit on demurrer. In 2021, the plaintiff sued her former employer over events leading to her 2017 dismissal. She alleged that the school district employer racially discriminated against her,…