California Appellate Tracker

Esparza v. Kaweah Delta Dist. Hospital

September 30, 2016

Compliance with the Government Tort Claims statute's claim presentation requirement may be alleged generally—as by checking a box on the Judicial Council form complaint stating that "Plaintiff … has complied with applicable claims statutes.”

Reaffirming Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228 and finding that it was not overruled expressly or impliedly by DiCampli-Mintz v. County of Santa Clara (2012) 55 Cal.4th 983, this decision states that a plaintiff may allege compliance with the Government Tort Claims statute’s claim presentation requirement generally, by, for example, checking box 9a on Judicial Council form PLD-PI-001 which states that “Plaintiff is required to comply with a claims statute and has complied with applicable claims statutes.”

California Court of Appeal, Fifth District (Franson, J.); September 21, 2016; 2016 WL 5121829

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Esparza v. Kaweah Delta Dist. Hospital

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