The following excerpt is from Parham v. Steemers, No. CIV S-11-1475 LKK CKD PS (E.D. Cal. 2011):
Importantly, to survive a motion to dismiss, the complaint must allege facts demonstrating or excusing compliance with the claim presentation requirement. State v. Superior Ct. ex rel. Bodde, 32 Cal. 4th at 1243. Although a plaintiff may include supplemental state law claims in a civil rights action brought in federal court pursuant to 42 U.S.C. 1983, the state law claims are subject to dismissal for failure to allege compliance with the claim-filing requirement of the Government Claims Act. Karim-Panahi v. Los Angeles Police Dep't, 839 F.2d 621, 627 (9th Cir. 1988).
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