· 12/6/2012
DiCampli-Mintz v. County of Santa Clara
Citations
- 55 Cal. 4th 983
- 289 P.3d 884
- 150 Cal. Rptr. 3d 111
- 2012 Cal. LEXIS 11151
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- discussing claim presentation requirements including § 915(a) 8 which states: “A claim ... shall be presented to a local public entity by either of the following 9 means: [¶] (1) Delivering it to the clerk, secretary, or auditor thereof. [¶] (2
- “failure to timely present a claim for money or damages to a public entity bars a plaintiff from filing a lawsuit against that entity”
- “[F]ailure to timely present a claim for money or damages to a public entity bars a plaintiff from filing a lawsuit against that entity.”
- “Section 915(e)(1) reflects the Legislature's intent that a 14 misdirected claim will satisfy the presentation requirement if the claim is ‘actually received’ by a 15 statutorily designated recipient.”
- personal injury claims must be presented within six months of accrual
- “The filing of a claim is a condition precedent to the 18 maintenance of any cause of action against the public entity and is therefore an element that a 19 plaintiff is required to prove in order to prevail.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Corrigan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.