Johnson v. San Diego Unified School District

Verushka Johnson appeals a judgment dismissing her personal injury action against the San Diego Unified School District (District) entered after the District’s motion for summary judgment was granted because Johnson did not comply with the filing provisions of the California Tort Claims Act (Act) (Gov. Code, § 900 et seq.). Johnson contends she substantially complied with the claim procedures by filing her claim with the State Board of Control and stating the place of the accident, naming the District as the agency causing the injury and giving the underlying facts of the incident. Alternatively, Johnson asserts the District is estopped to assert the defense of noncompliance. For the reasons which follow, we conclude neither contention has merit and affirm the judgment.

*696 Factual and Procedural Background

On February 21, 1986, Johnson was struck and injured by a speeding motorcycle as she was leaving Madison High School while walking across Kessling Street in San Diego. On May 20, she filed claims with the City of San Diego and the State Board of Control. (See Gov. Code, § 910.) The claim filed with the State Board of Control named the District as the responsible…