What is the test for bringing a claim for damages against a public entity?

California, United States of America


The following excerpt is from In re Laosd Asbestos Cases, B241095 (Cal. App. 2013):

"Generally speaking, no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented until a written claim has been presented to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board. . . . [] Under . . . section 945.4, presentation of a timely claim is a condition precedent to the commencement of suit against a public entity." (Munoz v. State of California (1995) 33 Cal.App.4th 1767, 1776-1777.)

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