Bodde v. Superior Court

Summary

The California Supreme Court held that a plaintiff suing a public entity must allege facts demonstrating compliance with, or an excuse from, the California Tort Claims Act’s claim presentation requirement. Failure to do so subjects the complaint to a general demurrer for failure to state facts sufficient to constitute a cause of action, although noncompliance does not deprive the court of subject matter jurisdiction. The court remanded for consideration of whether the plaintiff had adequately alleged equitable estoppel.

Holdings

1. A plaintiff seeking money or damages from a public entity must allege facts demonstrating compliance with the claim presentation requirement or facts excusing compliance.
2. Failure to allege facts demonstrating or excusing compliance with the claim presentation requirement subjects the complaint to a general demurrer for failure to state facts sufficient to constitute a cause of action.
3. Noncompliance with the claim presentation requirement does not deprive the trial court of subject matter jurisdiction.
4. The Supreme Court did not decide whether the complaint adequately pleaded equitable estoppel; that issue was remanded to the Court of Appeal.

Questions Presented

1. Whether a complaint seeking money or damages from a public entity must allege facts demonstrating compliance with, or an excuse from, the California Tort Claims Act's claim presentation requirement.
2. Whether failure to allege such compliance or excuse subjects the complaint to a general demurrer for failure to state facts sufficient to constitute a cause of action.
3. Whether noncompliance with the claim presentation requirement deprives the trial court of subject matter jurisdiction.

Disposition

reversed_and_remanded