California Appellate Tracker

Kousaya v. City of Stockton (2020)

September 21, 2020

A lawsuit against a public entity may allege additional facts and new causes of action not stated in the plaintiff’s government claim so long as they are based on the same fundamental facts supporting liability on the same legal theory or theories raised in the tort claim. Here, the plaintiff’s government claim alleged torts arising from the police response to a bank robbery and chase of the robbers and their hostages. The complaint added details and charged negligence or other wrongs in connection with different parts of that same incident The new facts and theories were properly in issue though not mentioned in the government claim. Accord: Blair v. Superior Court (1990) 218 Cal.App.3d 221. Contrast cases were a new instrumentality or new duty is alleged in the complaint: Fall River Joint Unified School Dist. v. Superior Court (1988) 206 Cal.App.3d 431; Donohue v. State of California (1986) 178 Cal.App.3d 795.

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California Appellate Tracker

Kousaya v. City of Stockton (2020)

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