Olson

Olson v. Manhattan Beach Unified Sch. Dist.

Good Law
17 Cal. App. 5th 1052·226 Cal. Rptr. 3d 162
Court of Appeal of CaliforniaNovember 29, 2017B272340California4,297 words

Opinion

lead Opinion

Manella, J.

*1054 INTRODUCTION

Appellant Cassidy Olson appeals from a judgment dismissing his second amended complaint (SAC) against respondents Manhattan Beach Unified School District (MBUSD) and Michael Matthews, Ed. D. The trial court entered the dismissal order *164 after sustaining MBUSD's demurrer to the SAC on the ground that appellant's grievance, filed pursuant to a collective bargaining agreement, did not satisfy the claim filing requirements of the Government Claims Act ( Gov. Code, § 810 et seq. ). Appellant contends his noncompliance was excused under the doctrines of substantial compliance, *1055 "claim as presented," and futility. For the reasons set forth below, we reject his contentions. Accordingly, we affirm. 1

FACTUAL BACKGROUND & PROCEDURAL HISTORY

A. Appellant's Complaint

On August 27, 2015, appellant filed an SAC for damages alleging causes of action for defamation and deceit against MBUSD and its employee, MBUSD Superintendent Matthews. The SAC alleged that appellant was an MBUSD employee who served as a history teacher and head baseball coach for Mira Costa High School. In September 2012, an attorney representing parents of some players on the Mira Costa baseball…

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