State v. Superior Court

As part of the California Tort Claims Act, Government Code section 900 et seq. 1 establishes certain conditions precedent to the filing of a lawsuit against a public entity. As relevant here, a plaintiff must timely file a claim for money or damages with the public entity. (§ 911.2.) The failure to do so bars the plaintiff from bringing suit against that entity. (§ 945.4.) In this case, we consider whether failure to allege facts demonstrating or excusing compliance with this claim presentation requirement subjects a complaint to a general demurrer. We conclude it does.

I.

Plaintiff Bernard Bodde 2 was an inmate in the California state prison system. Plaintiff filed suit against defendants the State of California and various state agencies and employees 3 alleging that they misdiagnosed his lung cancer as tuberculosis and failed to provide him with adequate medical care.

In their first three demurrers, defendants 4 contended, among other things, that plaintiff failed to comply with the claim presentation requirement contained in Government Code section 900 et seq. The trial court sustained *1238 each of these demurrers with leave to amend. Following the last order…