Esparza

This appeal from a judgment of dismissal raises the following question about proper pleading: What facts must a plaintiff allege to adequately plead he or she complied with the claims presentation requirement of the Government Claims Act?

This question was answered in Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228 [ 147 Cal.Rptr.3d 709 ] (Perez), where we held that “a plaintiff may allege compliance with the claims presentation requirement in the Government Claims Act by including a general allegation that he or she timely complied with the claims statute.” (Id. at p. 1237, fn. omitted.)

In this case, plaintiff checked the boxes to item 9.a of the Judicial Council form for pleading a personal injury cause of action and thereby alleged that she was required to comply with a claims statute and had complied with applicable claims statutes. Later in her pleading, plaintiff alleged that she “served a claim on Kaweah Delta District Hospital pursuant to Cal. Gov. Code §910 et seq. on or at December 3, 2013.”

Plaintiff’s additional allegation about serving a claim on or at a specific date does not contradict her general allegation of compliance. Consequently,…