Mart Dias v. Eden Twp. Hospital District

Defendant, Eden Township Hospital District, demurred to plaintiffs’ complaint for damages for wrongful death on the ground that it did not state facts sufficient to constitute a cause of action in that it did not allege the filing of a claim. The demurrer was sustained, and plaintiffs have appealed from the ensuing judgment.

Sections 703 and 710 of the Government Code provide, with certain exceptions not relevant here, that no suit for money or damages may be brought against a “local public entity” until a written claim has been presented. A hospital district is a local public entity (Gov.…