Is a public official liable for failure to allege facts demonstrating or excusing compliance with the claim presentation requirement?
MultiRegion, United States of America
The following excerpt is from Leal v. Muzuka, Case No. 1:19-cv-01223-DAD-BAM (E.D. Cal. 2020):
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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