Baines

Baines Pickwick Ltd. v. the City of Los Angeles

Good Law
1999 Cal. App. LEXIS 503·72 Cal. App. 4th 298·85 Cal. Rptr. 2d 74·99 Daily Journal DAR 4817·99 Cal. Daily Op. Serv. 3797
Court of Appeal of CaliforniaMay 20, 1999B122940California4,775 words

Opinion

Opinion

Klein, J.

Defendant and appellant City of Los Angeles (the City) appeals a judgment in favor of plaintiff and respondent Baines Pickwick Limited (Baines) in an action for breach of contract.

The essential issue presented is whether Baines’s action is barred by its failure to comply with the claims presentation requirements of the government claims statutes (Gov. Code, § 900 et seq.) prior to filing suit.

The commonly used label, Tort Claims Act, applying to section 810 et seq., has led to confusion among trial and appellate courts in determining the applicability of the government claims presentation statutes to contract claims. However, a careful analysis of the statutory scheme clearly indicates the claims presentation requirements of the Tort Claims Act, found thereafter at section 900 et seq., apply to both tort and contract claims against public entities. The judgment therefore is reversed with directions.

Factual and Procedural Background

1. Facts.

In 1993 and 1994, the City entered into contracts with Starline/Gray Line Tours (Starline) to provide bus transportation for senior citizen and youth groups to various activities. By September 1994, Starline had submitted…

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.