Christensen v. Grai
Plaintiff David Christensen appeals from the judgment entered upon the order of the superior court sustaining the demurrer of defendants Ellen Grai and Deborah Strickland of the Uninsured Employers Benefit Trust Fund (the Fund) and denying leave to amend. Plaintiff and the Fund had entered into a settlement of his worker’s compensation action. The Worker’s Compensation Appeals Board (WCAB) approved the settlement. Plaintiff filed the instant complaint after Grai and Strickland allegedly delayed mailing him the settlement check. We conclude the superior court properly sustained the demurrer and denied leave to amend because it has no authority to hear plaintiff’s case. Although plaintiff’s complaint alleges causes of action for breach of contract and of fiduciary duty, negligence, and fraud, his prayer seeks the same damages for the same injuries that were the subject of his worker’s compensation action, over which the WCAB has exclusive jurisdiction. Alternatively, we hold the trial court properly denied leave to amend because plaintiff’s complaint is barred by plaintiff’s failure to comply with the Government Claims Act. (Gov. Code, § 900 et seq.) Accordingly, we affirm.
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