The following excerpt is from Morgan v. Sacramento Cnty. Dep't of Health Serv., No. 2:19-cv-1600 CKD P (E.D. Cal. 2020):
Under California law, the timely presentation of a claim under the California Tort Claims Act is a condition precedent to maintaining a tort action against the state and therefore is an element of the cause of action that must be pled in the complaint. State v. Superior Court (Bodde), 32 Cal. 4th 1234, 1237, 1240 (2004) (citations omitted).
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