J.M.

J.M. v. Huntington Beach Union High School Dist.

Good Law
Court of Appeal of CaliforniaSeptember 30, 2015G049773California6,221 words

Opinion

Opinion

Fybel, J.

INTRODUCTION

The Government Claims Act, found at section 810 et seq. of the 1 Government Code, sets forth procedures and requirements that must be satisfied before filing suit against a public entity for tort relief. Compliance with the Government Claims Act is mandatory, and failure to present a claim “‘is fatal to a cause of action.’” (McMartin v. County of Los Angeles (1988) 202 Cal.App.3d 848, 858.) Those who seek relief against a public entity are well advised to heed the warning of Justice Oliver Wendell Holmes: “Men must turn square corners when they deal with the Government. If it attaches even purely formal conditions to its consent to be sued those conditions must be complied with.” (Rock Island &c. R. R. v. United States (1920) 254 U.S. 141, 143.) In this case, J.M. did not comply with the conditions of the Government Claims Act. He did not present a claim with the board of the Huntington Beach Union High School District (the District) within six months of the date on which his causes of action accrued, as required by sections 945.4 and 911.2. He retained counsel, who timely presented an application under section 911.4 to present a late claim on the ground J.M. was a…

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