Legal Opinion

Neal v. Gatlin

California Court of Appeal

Decided December 7, 1973No. Civ. 1797PublishedCited by 28 opinions

1Opinion of the Court

Opinion

FRANSON, J.

This appeal is from a judgment of dismissal following the sustaining of a general demurrer to appellant’s complaint on the ground that it did not allege that a claim had been filed against respondents’ employer, a public entity, as required by Government Code section 950.2.

The pivotal issue is whether the alleged activities of respondents are within the scope of their employment at Stanislaus State College (hereinafter “the college”) so as to make the filing of a claim a condition precedent to starting a cause of action for injuries resulting from their acts. We answer this…

2Cases cited9 opinions

  1. Johnson v. State of CaliforniaCalifornia Supreme Court · 1968
  2. Hardy v. VialCalifornia Supreme Court · 1957
  3. White v. TowersCalifornia Supreme Court · 1951
  4. Burgdorf v. FunderCalifornia Court of Appeal · 1966
  5. Lesperance v. North American Aviation, Inc.California Court of Appeal · 1963

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3Cited by28 opinions

  1. State v. Superior CourtCalifornia Supreme Court · 2004
  2. Parviz Karim-Panahi v. Los Angeles Police DepartmentCourt of Appeals for the Ninth Circuit · 1988
  3. Sanborn v. Chronicle Publishing Co.California Supreme Court · 1976
  4. Karim-Panahi v. Los Angeles Police DepartmentCourt of Appeals for the Ninth Circuit · 1988
  5. Sheila Conkle v. Sulinna Jeong, D/B/A Laird's Food Market Baldwin Jeong Local 1179, United Food and Commercial Workers InternationalCourt of Appeals for the Ninth Circuit · 1995

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