What is the burden of ensuring that a claim is presented to the appropriate public entity?

California, United States of America


The following excerpt is from Tenpas v. Riverside Cmty. Coll. Dist., D073007 (Cal. App. 2018):

Pursuant to section 915, subdivision (a), a plaintiff bears the burden of ensuring that the claim is presented to the appropriate public entity, and to the proper recipients (by "(2) Mailing it to the clerk, secretary, auditor, or to the governing body at its principal office"). (DiCampli-Mintz v. County of Santa Clara (2012) 55 Cal.4th 983, 991-992.)

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Summary judgment for the public entity is proper if that burden is not met. (Id. at pp. 991-993.)

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