Is a defendant's failure to allege compliance with the Tort Claims Act an affirmative defense?

Appellants err in assuming that failure to file a claim under the Tort Claims Act constitutes an affirmative defense. The timely filing of a claim is an essential element of a cause of action against a public entity and failure to allege compliance with the claims statute renders the complaint subject to general demurrer. (Briggs v. Lawrence (1991) 230 Cal.App.3d 605, 613, 281 Cal.Rptr. 578.) Since compliance with the claims statute is an element of plaintiff's cause of action, failure to comply is not an affirmative defense. Therefore, a defendant need not plead lack of compliance with the claims statute. Hence a failure to plead such lack of compliance does not constitute a waiver of the defense.