What is the duty of a public entity to notify a claimant of the inadequacy of a claim?

California, United States of America


The following excerpt is from London v. Walnut Valley Unified Sch. Dist., B279569 (Cal. App. 2018):

Section 910.8 provides that if the public entity determines that "a claim as presented fails to comply substantially with the requirements of Sections 910 and 910.2," the entity may "give written notice of its insufficiency, stating with particularity the defects or omissions therein." Any duty to notify a claimant of the inadequacy of a claim "necessarily presumes the defect is disclosed on the face of the form," and does not apply to the failure to include additional claims or claimants on the form. (Nelson v. County of Los Angeles (2003) 113 Cal.App.4th 783, 797.) That is the situation in the present case; the omissions which London and Vanessa now seek to excuse were not disclosed on the fact of the claim form.

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