Brikha

DISCUSSION

Our review of a summary judgment is de novo. Therefore, we must decide independently whether the undisputed material facts warrant judgment for the moving party as a matter of law. (California Restaurant Management Systems v. City of San Diego (2011) 195 Cal.App.4th 1581, 1590-1591.)

All further statutory references are to the Government Code.

2. Before suing a public entity for personal injuries, the plaintiff must present a timely written claim for damages to the entity. (Shirk v. Vista Unified School Dist. (2007) 42 Cal.4th 201, 208.) Such timely claim presentation is a condition precedent to filing an action against the entity and thus is an element of the plaintiff’s cause of action. (Id. at p. 209.) Accordingly, failure to timely present such a claim bars a plaintiff from maintaining a lawsuit against that entity. (State of California v. Superior Court (Bodde) (2004) 32 Cal.4th 1234, 1239.) Additionally, under section 950.2, when an employee of the public entity is sued for an act or omission in the scope of his or her employment, the plaintiff is required to present a timely claim to the employing public entity. The action against the employee or former…