Does a plaintiff have to allege facts demonstrating or excusing compliance with the claim presentation requirement?

MultiRegion, United States of America

The following excerpt is from Garza v. Centers, Case No. 1:17-cv-01389-SKO (PC) (E.D. Cal. 2017):

12 Cal.3d 447, 455 (1974) (citations omitted). Compliance with this "claim presentation requirement" constitutes an element of a cause of action for damages against a public entity or official. State v. Superior Court (Bodde), 32 Cal.4th 1234, 1244 (2004). Thus, in the state courts, "failure to allege facts demonstrating or excusing compliance with the claim presentation requirement subjects a claim against a public entity to a demurrer for failure to state a cause of action." Id. at 1239 (fn.omitted).

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