ASHLEIGH CAVEY, Plaintiff and Appellant, v. POLICARPIO TACAS TUALLA, JR., et al., Defendants and Respondents., 69 Cal. App. 5th 310

Summary

HOLDINGS: [1]-Because a government claim purportedly presented on the claimant's behalf under Gov. Code, § 910, by a healthcare provider to a school district had no legal effect if unauthorized and unratified, which could not be resolved on demurrer, it did not bar the claimant's counsel from presenting an authorized claim for a motor vehicle accident under Gov. Code, §§ 911.2, subd. (a), 945.4, within six months of a deemed rejection; [2]-Leave to present a late claim was not required because the authorized claim was an implied repudiation of the unauthorized claim absent undue prejudice; [3]-Suit was timely filed within two years under Gov. Code, § 945.6, subd. (a)(2), because notice of rejection was not mailed to the claimant's address under Gov. Code, §§ 913, subd. (a), 915.4, subd. (a)(2), which was the required address because the healthcare provider had omitted a mailing address.