Neal
Neal v. Gatlin
Opinion
Opinion
Franson, J.
This appeal is from a judgment of dismissal following the sustaining of a general demurrer to appellant’s complaint on the ground that it did not allege that a claim had been filed against respondents’ employer, a public entity, as required by Government Code section 950.2.
The pivotal issue is whether the alleged activities of respondents are within the scope of their employment at Stanislaus State College (hereinafter “the college”) so as to make the filing of a claim a condition precedent to starting a cause of action for injuries resulting from their acts. We answer this question in the affirmative.
In his first cause of action appellant alleges that from about September 1, 1966, to September 1, 1971, he was an assistant professor of biology at the college; that on or about October 22, 1968, respondents Hanson and Hackwell, in their capacities as members of the retention, promotion and tenure committee of the department of biological sciences of the college, wrote a letter to the committee recommending that appellant be retained for the academic year 1969-1970. The last paragraph of the letter reads as follows: “We wish to express a degree of reservation with…