In Esparza v. Kaweah Delta District Hospital, published September 21, 2016, the Fifth District Court of Appeal reaffirmed its decision in Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228 that a plaintiff may allege compliance with the claims presentation requirement in the Government Claims Act by including a general allegation that the plaintiff complied with the claims statute. The court reversed dismissal of an action after the defendant hospital district's demurrer to the plaintiff's medical malpractice complaint was sustained. The defendant alleged that the California Supreme Court's decision in DiCampli-Mintz v. County of Santa Clara (2012) 55 Cal.4th 983 had impliedly overruled Perez. The appellate court concluded that nothing in DiCampli-Mintz either addressed Perez's holding or addressed the standards for pleading claim compliance.
The court concluded that the plaintiff adequately pleaded compliance with the claim statutes by checking the boxes on the Judicial Council complaint form stating that the plaintiff was required to comply with a claims statute and had complied. That adequately pleaded the ultimate fact that the plaintiff had complied. The plaintiff was not required to specifically plead the method of service used to present the claim, or whether the defendant rejected the claim or was deemed to have rejected it. The plaintiff's additional allegation, that she had served a claim on the hospital pursuant to Government Code section 910 et seq. "on or about December 3, 2014" was neither ambiguous nor inconsistent with the general allegation of compliance.
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