Lowry v. Port San Luis Harbor DistrictAnnotate this Case
After plaintiff missed the statutory deadline to file a claim against a public entity, he applied to submit a late claim. Then plaintiff filed his complaint the same day, not waiting for the public entity to respond to his application.
The Court of Appeal held that the Government Claims Act, Gov. Code, 810, is not satisfied by filing a complaint before rejection of a claim. In this case, plaintiff filed suit against the District for injuries he suffered while attempting to board one of the District's boats. The court held that section 946.6, which allows a petition to seek relief from the failure to comply with the claim requirement after denial of an application for leave to present a claim, did not apply here. Furthermore, the complaint plaintiff filed the same day was premature. In this case, the lawsuit is precluded because it was not preceded by rejection of a claim, and plaintiff's noncompliance with the Act cannot be cured by amending the complaint to allege he complied. Finally, the court held that there was no abuse of discretion in awarding costs.