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· 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 CourtListener

Sourced 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.