Mosesian
Mosesian v. County of Fresno
Opinion
Opinion
Brown, J.
Plaintiffs and respondents, Paul S. Mosesian, Charles S. Mosesian, Suren P. Mosesian and Marion G. Mosesian, hereinafter referred to as “Mosesians,” recovered judgment for $22,575 damages in this action in inverse condemnation against the defendant and appellant County of Fresno.
The county raised a number of affirmative defenses in the trial court, including implied dedication, various statutes of limitation, equitable estoppel and failure to comply with the claim law. The only issue urged by the county for reversal on this appeal is the failure of Mosesians to comply timely with statutory requirements for filing a claim pursuant to Government Code sections 901 and 911.2, the other defenses having been abandoned. We have concluded that the mandatory requirements of the claims statute were not complied with and, accordingly, reverse the judgment.
It is settled that the one-year claim provision of Government Code section 911.2 applied to and requires the filing of a claim as a condition precedent to an action in inverse condemnation against a county. (Gov. Code, § 945.4; Bellman v. County of Contra Costa (1960) 54 Cal.2d 363, 369 [ 5 Cal.Rptr. 692 , 353 P.2d 300 ]; Dorow…