Perez

Plaintiff Maria Dolores Jimenez Perez filed this negligence action against defendant Golden Empire Transit District (Transit District) for injuries she received while exiting a bus. The issue on appeal is whether plaintiff properly alleged compliance with the claim presentation requirement in the Government Claims Act (Gov. Code, § 810 et seq.) 1 or whether her allegations establish that she failed to comply with the statute.

Transit District filed a demurrer contending that plaintiff’s claim was defective because (1) it failed to include the date of the occurrence, which is required by subdivision (c) of section 910; (2) plaintiff was notified of the omission; and (3) plaintiff failed to file an amended claim curing the omission.

Plaintiff’s first amended complaint alleged that a representative of Transit District called her representative, stated no date was included in the claim, and requested the date of the incident be provided. Plaintiff alleged she “subsequently provided the date of the incident to said representative, thus complying with the requirements of the government tort claim statute.” Under the rules governing appellate review of a general demurrer, we…