DiCampli-Mintz

Government Code section 915, subdivision (a) (section 915(a)), establishes the manner of delivery of a claim against the government. It requires that a claim be presented to a local public entity by “[delivering it to the clerk, secretary or auditor,” or by mailing it to one of these officials “or to the governing body.” Section 915, subdivision (e) (section 915(e)), further provides that a misdirected claim “shall be deemed to have been presented in compliance” with section 915 if “[i]t is actually received by the clerk, secretary, auditor or board of the local public entity.” (§ 915(e)(1), italics added.)

Here, the Court of Appeal held that “a claim may substantially comply with the act, notwithstanding failure to deliver or mail it to one of the specified recipients, if it is given to a person or department whose functions include the management or defense of claims against the defendant entity.” We reject this judicial expansion of the statutory requirements and affirm that a claim must satisfy the express delivery provisions language of the statute.

I. BACKGROUND

On April 4, 2006, Dr. Bao-Thuong Bui and Dr. Abraham SHar performed surgery on plaintiff Hope…