Bell v. Fane
Plaintiff and appellant, Horace Bell, challenges the sustaining of a demurrer to his personal injury complaint.[1] In his complaint, appellant alleged that defendants and respondents, Correctional Officers S.D. Fane and J. Gallagher, filed a false rules violation report against him in June 2006. However, appellant did not submit a government claim regarding this incident until March 2011, over four years later.
The trial court correctly sustained respondents’ demurrer without leave to amend. Before suing a public entity, the plaintiff must present a timely written claim for damages. (Shirk v. Vista Unified School Dist. (2007) 42 Cal.4th 201, 208 (Shirk).) Because appellant did not present a timely tort claim, his lawsuit is barred. Accordingly, the judgment will be affirmed.[2]
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