California, United States of America
The following excerpt is from Julian v. City of San Diego, 183 Cal.App.3d 169, 229 Cal.Rptr. 664 (Cal. App. 1986):
"Plaintiff did not bring suit against an individual who just happened to be a public employee. If that was the case, no potential liability would have existed on the part of the employing public entity; no statute would have required presentment of a claim; and the normal one-year statute of limitations would have been applicable. [p ] Here, however, a different situation is presented; the employee, at the time of the accident, was allegedly engaged in the scope of his employment." (Rogers v. Centrone, supra, 261 Cal.App.2d at pp. 364-365, 67 Cal.Rptr. 909.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.