Mart Dias v. Eden Twp. Hospital District

GIBSON, C. J.

Defendant, Eden Township Hospital District, demurred to plaintiffs’ complaint for damages for wrongful death on the ground that it did not state facts sufficient to constitute a cause of action in that it did not allege the filing of a claim. The demurrer was sustained, and plaintiffs have appealed from the ensuing judgment.

1

Sections 703 and 710 of the Government Code provide, with certain exceptions not relevant here, that no suit for money or damages may be brought against a “local public entity” until a written claim has been presented. A hospital district is a local public entity (Gov. Code, § 700). Section 32492 of the Health and Safety Code provides that claims for money or damages against a hospital district are governed by the provisions of the Government Code.

There is no merit to plaintiffs’ argument that our decision in

Muskopf

v.

Corning Hospital Dist., 55

Cal.2d 211 [11 Cal.Rptr. 89, 359 P.2d 457], in effect eliminated the requirement for presentation of claims as a condition to the maintenance of actions against public entities.

2

Prior to that decision claim statutes were held applicable to inverse condemnation suits, where the Constitution grants the right to compensation, and to other actions which could be maintained against public entities as an exception to the immunity rule. (E.g.,

Powers Farms, Inc.

v.

Consolidated Irr. Dist.,

19 Cal.2d 123, 126 et seq. [119 P.2d 717] ;

Western Salt Co.

v.

City of San Diego,

181 Cal. 696, 697 et seq. [186 P. 345].) The principal purpose of such statutes is to give a public entity timely notice of the nature of claims against it so that it may investigate and settle those of merit without litigation.

(Holm

v.

City of San Diego,