Green

Green v. State Center Community College District

Good Law
1995 Cal. App. LEXIS 449·34 Cal. App. 4th 1348·41 Cal. Rptr. 2d 140·95 Daily Journal DAR 6175·95 Cal. Daily Op. Serv. 3605
Court of Appeal of CaliforniaMay 12, 1995F020393California3,232 words

Opinion

Opinion

Harris, J.

Introduction

Appellant Marilyn Husted Green filed an action against State Center Community College District (respondent or District) for personal injuries. In this appeal we are confronted with the issue of whether the trial court erred in sustaining without leave to amend respondent’s demurrer to appellant’s second amended complaint for personal injuries based upon its finding that the complaint, on its face, showed noncompliance with the California Tort Claims Act (Gov. Code, § 900 et seq.; Act). We will conclude that appellant’s letter to respondent on March 25, 1992, was not a sufficient “claim” to trigger the notice-waiver provisions of the Act. In the unpublished portion of this opinion we reject appellant’s other contentions.

Facts and Trial Court Proceedings

On October 7, 1991, appellant Green allegedly was walking across the grass-covered lawn of Fresno City College (College) when she stepped into a hole in the ground that was approximately six to twelve inches in diameter and approximately six inches deep. The hole was covered with grass and not visible to people walking across the lawn. Appellant claimed that she twisted her ankle causing serious…

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