Legal Opinion

Esparza v. Kaweah Delta District Hospital

California Court of Appeal

Decided September 21, 2016No. F071761PublishedCited by 10 opinions

1Opinion of the Court

Opinion

FRANSON, J.—

This appeal from a judgment of dismissal raises the following question about proper pleading: What facts must a plaintiff allege to adequately plead he or she complied with the claims presentation requirement of the Government Claims Act?

This question was answered in Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228 [147 Cal.Rptr.3d 709] (Perez), where we held that “a plaintiff may allege compliance with the claims presentation requirement in the Government Claims Act by including a general allegation that he or she timely complied with the claims statute.”…

2Cases cited13 opinions

  1. Zelig v. County of Los AngelesCalifornia Supreme Court · 2002
  2. State v. Superior CourtCalifornia Supreme Court · 2004
  3. City of Dinuba v. County of TulareCalifornia Supreme Court · 2007
  4. DiCampli-Mintz v. County of Santa ClaraCalifornia Supreme Court · 2012
  5. Vasquez v. CaliforniaCalifornia Supreme Court · 2008

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3Cited by10 opinions

  1. Kahan v. City of Richmond, California Court of Appeal, 5th District2019
  2. Monsanto Co. v. Office of Envtl. Health Hazard Assessment, California Court of Appeal, 5th District2018
  3. Restore Hetch Hetchy v. City & Cnty. of S.F., California Court of Appeal, 5th District2018
  4. Cathy Stowe v. Second Injury Fund of IowaCourt of Appeals of Iowa · 2017
  5. Collins v. ThurmondCalifornia Court of Appeal · 2019

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