Matthews v. Roberts CA4/1
Thomas Matthews appeals from a judgment dismissing his complaint against Supervisor Ron Roberts of the San Diego County Board of Supervisors following an order sustaining a demurrer to the complaint without leave to amend. The superior court sustained the demurrer on the ground Matthews did not adequately allege compliance with the claim presentation requirement (Gov. Code, §§ 911.2, 945.4) in the Government Claims Act (id., § 810 et seq.). Matthews contends we must reverse the judgment because the court failed to allow him to introduce evidence proving his compliance with the requirement and, regardless, the record shows he substantially complied with the requirement as to the County of San Diego (County) and two of the County's code enforcement employees.
We conclude the court properly sustained the demurrer without leave to amend because the record shows Matthews did not comply with the claim presentation requirement as to Supervisor Roberts and the time to do so has exp
Comments on Matthews v. Roberts CA4/1