Taylor v. Cate CA5
Plaintiffs brought this negligence action against officials of the California Department of Corrections and Rehabilitation (Department), alleging their father’s death was caused by valley fever he contracted in prison. The defendants filed a motion for judgment on the pleadings, arguing the claim was barred because plaintiffs did not comply with the claim presentation requirements in the Government Claims Act (Gov. Code, § 810 et seq.) before filing suit. In response, plaintiffs argued defendants are estopped from asserting the untimeliness of their claim because plaintiffs reasonably relied on an implied representation that their application for leave to present a late claim had been granted. In addition, plaintiffs argued the untimeliness defense had been waived. The trial court rejected plaintiffs’ arguments, granted the motion for judgment on the pleadings without leave to amend, and entered judgment in favor of defendants.
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