Castaneda

*1057 Opinion

INTRODUCTION

In this opinion, we address two distinct issues arising from a lawsuit against the State of California. The first issue is whether the state’s litigation conduct estops it from raising noncompliance with the claim presentation provisions of the Government Claims Act (the Act) (Gov. Code, §§ 810, 900 et seq., 945.4). 1 The second issue is the state’s liability under section 845.6 for failure to summon medical care for a prisoner.

The state’s Department of Corrections and Rehabilitation (variously the State or Department of Corrections) appeals from a judgment in favor of plaintiffs, the estate of Francisco Castaneda and his heir Vanessa Castaneda. 2 The jury found that the State violated section 845.6 in that its employees knew or had reason to know Castaneda was in need of immediate medical care while in custody but failed to take reasonable action to summon care. We first hold nothing in the State’s conduct estopped it from raising the heir’s failure to file a government tort claim. We next hold, as a matter of law, the State is immune to liability for the decisions that resulted in Castaneda failing to undergo a biopsy while he was in State custody.…