What constitutes a "claim" under the Tort Claims Act?

California, United States of America


The following excerpt is from Schaefer Dixon Associates v. Santa Ana Watershed Project Authority, 48 Cal.App.4th 524, 55 Cal.Rptr.2d 698 (Cal. App. 1996):

We conclude that the November 15 letter was not a "claim" within the meaning of the Tort Claims Act. Although only substantial compliance, rather than strict compliance, is required (see City of San Jose v. Superior Court (1974) 12 Cal.3d 447, 456-457, 115 Cal.Rptr. 797, 525 P.2d 701), the purported "claim" must be readily identifiable as such.

In Phillips v. Desert Hospital Dist., supra, 49 Cal.3d 699, 263 Cal.Rptr. 119, 780 P.2d 349, the plaintiff sent the hospital district a notice, pursuant to Code of Civil Procedure

Page 704

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