Government Code 945.4
November 20th, 2008945.4. Except as provided in Sections 946.4 and 946.6, no suit for
money or damages may be brought against a public entity on a cause of
action for which a claim is required to be presented in accordance
with Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of this division until a
written claim therefor has been presented to the public entity and
has been acted upon by the board, or has been deemed to have been
rejected by the board, in accordance with Chapters 1 and 2 of Part 3
of this division.
Blog:
The MSJC PD matter reported in the PE does not meet the definition
of a written claim presented to the public entity according to
code. If so, said matter would have been placed on the Open Agenda
for public view rather than a closed session item of discussion.
Therefore, it is unclear what the BOT voted to deny, as NO formal
claim/complaint/lawsuit has yet to be filed.
(No Ratings Yet)
Loading ...
If this is a claim pursuant to GC945.4 it is a public document available upon request. It’s obvious the Press has a copy. The Board needs to deny it in open session or if no action is taken it will be deemed to be denied in 70 days. A plaintiff cannot succesfully file a suit that does not comply with GC945.4.
Wow! You are one sharp cookie! But something tells me that the attorney for the three plaintiffs is already well aware of that. Thank you, however, for enlightening all of us. Perhaps Kevin Segawa should have retained your services instead of relying on the college to look out for him. Another lack of good judgment on his part…what can anyone expect?