Commercial Union Assurance Co. v. City of San Jose
California Court of Appeal
1Opinion of the Court
Opinion
SIMS, J. *
Appellant insurer has appealed from a judgment of dismissal entered following its failure to amend its complaint for damages within the time allowed after the trial court had sustained the defendant city’s demurrer with leave to amend. The demurrer had been sustained on the ground that, more than six months had elapsed between the date of rejection of the claim for the damages alleged in the complaint and the commencement of the action. (See Gov. Code, § 945.6, subd. (a)(1).)
The salient facts as revealed by the allegations of the complaint are as follows: On February 5, 1978,…
2Cases cited30 opinions
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- People Ex Rel. Department of Transportation v. Superior CourtCalifornia Supreme Court · 1980
- County of San Diego v. Sanfax Corp.California Supreme Court · 1977
- Chas. L. Harney, Inc. v. State of CaliforniaCalifornia Court of Appeal · 1963
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