What is the test for a motion for judgment on the pleadings of a plaintiff who failed to file a timely claim under the Government Claims Act?

Plaintiffs' failure to file a timely claim and subsequent failure to obtain relief from the claim presentation requirements, together with the related argument about estoppel, were raised at the pleading stage of this lawsuit pursuant to a motion for judgment on the pleadings. A motion for judgment on the pleadings, like a demurrer, addresses whether the complaint alleges facts sufficient to state a cause of action. (Angelucci v. Century Supper Club (2007) 41 Cal.4th 160, 166 (Angelucci).) When reviewing an order granting a motion for judgment on the pleadings, appellate courts exercise their independent judgment. (Ibid.)

Under California law, an element of a cause of action against public officials is compliance (or an excuse from complying) with the claim presentation requirements set forth in the Government Claims Act. (State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239-1240.) In evaluating defendants' contention that plaintiffs cannot demonstrate compliance or an excuse, we accept as true all material facts properly pled and supplement those facts with any matter of which the trial court took judicial notice. (See Angelucci, supra, 41 Cal.4th at p. 166.)

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B. Background

1. Untimely Claims