What is the effect of a failure to timely present a claim to a public entity?

California, United States of America


The following excerpt is from Gerber v. Sweetwater Union High Sch. Dist., D063576 (Cal. App. 2014):

"The failure to timely present a claim to the public entity bars the claimant from filing a lawsuit against that public entity. (City of San Jose v. Superior Court (1974) 12 Cal.3d 447, 454.) Moreover, because the purpose of the claim is not 'to prevent surprise [but rather] is to provide the public entity sufficient information to enable it to adequately investigate claims and to settle them, if appropriate, without the expense of litigation [citations,] . . . [i]t is well-settled that claims statutes must be satisfied even in face of the public entity's actual knowledge of the circumstances surrounding the claim. Such

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