California, United States of America
The following excerpt is from Horowitz v. Orange County Social Services Agency, G040974 (Cal. App. 5/28/2009), G040974 (Cal. App. 2009):
The issue of presenting a claim did not come up in the hearing. Plaintiff cites no authority to show defendants had an affirmative duty to remind him he needed to file a claim and we know of none. Further, as defendants point out, they had no way of knowing plaintiff would not file a claim. In addition, plaintiff did not allege defendants took any action on which they intended he rely, an essential element of estoppel. (Driscoll v. City of Los Angeles (1967) 67 Cal.2d 297, 305.) And plaintiff did not plead he was ignorant of the requirement to present a claim, another essential element. (Ibid.) In fact, the opposite is true. He filed a claim in the first action and if he did not realize one was required here, he was put on notice by the first and second demurrers.
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