Hovd

Hovd v. Hayward Unified Sch. Dist.

Good Law
141 Cal. Rptr. 527·1977 Cal. App. LEXIS 1937·74 Cal. App. 2d 470·74 Cal. App. 3d 470
Court of Appeal of CaliforniaOctober 31, 1977Civ. 39790California384 words

Opinion

Opinion

—This is an appeal from a judgment of dismissal entered pursuant to an order sustaining without leave to amend respondents’ demurrer to the second amended complaint. For reasons stated herein, we affirm.

As defined in Government Code section 53050, the term “public agency” refers to “a district, public authority, public agency, and any other political subdivision or public corporation in the state, but does not include the state or a county, city and county, or city.” Section 53051 of that code requires a public agency to file with the Secretary of State and the county clerk its name and address, and the names and addresses of its governing board members and officers, in an indexed Roster of Public Agencies. We agree with appellant that where a public agency does not file such information, a claimant’s noncompliance with claims requirements (Gov. Code, § 911.2) does not constitute a bar or defense to maintenance of a suit against such public agency. (Gov. Code, § 946.4; see Wilson v. San Francisco Redevelopment Agency (1977) 19 Cal.3d 555, 560 [ 138 Cal.Rptr. 720 , 564 P.2d 872 ].)

However, respondent Vocational Skills Center is not a public agency within the meaning of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.