What is the test for failing to state a cause of action against a public entity?
California, United States of America
The following excerpt is from City of Stockton v. Superior Court, 133 Cal.App.4th 1052, 35 Cal.Rptr.3d 164 (Cal. App. 2005):
been rejected by the board. . . ." ( 945.4.) "[F]ailure to allege facts demonstrating or excusing compliance with the claim presentation requirement subjects a claim against a public entity to a demurrer for failure to state a cause of action." (State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239, 13 Cal.Rptr.3d 534, 90 P.3d 116.)
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