Legal Opinion
Sykora v. State Department of State Hospitals
California Court of Appeal
Decided May 6, 2014No. B249285PublishedCited by 2 opinions
1Opinion of the Court
Opinion
GILBERT, P. J.
Failure to follow the requirements of the Government Claims Act (Gov. Code, § 900 et seq.) often bars a plaintiff from filing an action against a state agency. But not always. The act recognizes that in certain cases an inflexible application of its requirements produces an unjust result for which relief is available. The instant case is an example. We hold the timely filing and apparent acceptance of a government claim for which plaintiff inadvertently did not pay the $25 filing fee do not bar his claim.
Plaintiff Eric Dennis Sykora filed a government tort claim with the…
2Cases cited10 opinions
- Phillips v. Desert Hospital DistrictCalifornia Supreme Court · 1989
- Lance Camper Manufacturing Corp. v. Republic Indemnity Co. of AmericaCalifornia Court of Appeal · 1996
- Cloud v. Northrop Grumman Corp.California Court of Appeal · 1998
- Proctor & Gamble Manufacturing Co. v. Superior CourtCalifornia Court of Appeal · 1954
- Big Valley Band of Pomo Indians v. Superior CourtCalifornia Court of Appeal · 2005
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3Cited by2 opinions
- Kyles v. BakerDistrict Court, N.D. California · 2014
- Roger v. County of RiversideCalifornia Court of Appeal · 2020