Starnes v. Fisher CA4/2
Dallas Starnes timely filed a claim with the City of Banning (City) alleging he suffered physical injuries when he was arrested by officers employed by the City’s police department. The City denied the claim and informed Starnes he had six months in which to file a lawsuit based on his allegations. Starnes attempted to timely file a complaint with the superior court against the named officers for negligence and intentional torts, but it was rejected for failure to include mandatory forms and failure to pay the filing fee or apply for a fee waiver. More than six months after the City denied Starnes’s claim, Starnes made a second attempt to file a complaint but it was again rejected, this time for failure to include a mandatory civil case cover sheet and for including an improper caption. Starnes’s complaint was not filed until almost exactly one year after the City had denied his claim. The trial court sustained without leave to amend the officers’ demurrer.
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