If a plaintiff fails to allege compliance or an excuse for noncompliance, what is the remedy?
MultiRegion, United States of America
The following excerpt is from Ludavico v. Sacramento Cnty., No. 2:08-cv-01473-MCE-KJM (E.D. Cal. 2012):
Failure to allege compliance or an excuse for noncompliance constitutes a failure to state a cause of action and results in dismissal of such claims. Id. Consequently, if the requisite tort claim is not filed because certain defendants' identities are unknown, the plaintiff must plead and prove the reasons that the public employees' identities were not known. Williams v. Braslow, 179 Cal. App. 3d 762, 772-74 (1986).
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