Transguard Ins. Co. of America v. County of Los Angeles
Transguard Insurance Company of America and Uribe Trucking, Inc., dba Alex Moving & Storage, Inc. (collectively, plaintiffs) appeal from an order sustaining the County of Los Angeless demurrer without leave to amend and dismissing plaintiffs first amended complaint. The trial court concluded plaintiffs could not state a cause of action against the County because they failed to comply with the claim presentation requirement of the California Tort Claims Act. Court find plaintiffs have shown there is a reasonable possibility they can amend their complaint to allege they notified the County of Los Angeles in writing about the existence of a monetary claim and the County failed to give plaintiffs notice of the insufficiency of the claim as presented. Such factual allegations, if true, could demonstrate the County waived its defense under the Tort Claims Act as to the sufficiency of the claim. Accordingly, Court reverse the order of dismissal and remand the matter to give plaintiffs an opportunity to amend their complaint.
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