Redwood v. State of California

MONROE, J. pro tem.

*

The plaintiff brought this .action to recover damages for personal injuries received when she fell upon a sidewalk in Laguna Beach on October 2, 1957. It is alleged that the sidewalk was owned and maintained by the State of California. The action was dismissed as to the state, and now involves only the state employees John L. Rime and James W. Sutton. The defendants filed motion for summary judgment which was granted, and from this judgment appeal is taken.

It was shown that verified claims were served upon respondent Rime on December 26, 1957, and upon respondent Sutton on December 23, 1957. Both respondents were employed by the Department of Public Works. On December 21, 1957, a verified claim was served on the State Board of Control. On May 23, 1958, a verified copy of the complaint was served upon the Governor of California. No verified claim was served on the Governor.

The sole issue involved was whether or not, under the facts as stated, there was substantial compliance with Government Code, section 1981, as would permit this action to be maintained.

Section 1981 of the Government Code provides in substance that where action is based upon a claim of negligence of a public officer or employee, notice shall be served upon him and upon the clerk or secretary of the body by which he is employed, within 90 days after the accident. It states, “In the ease of a state officer the claim shall be filed with the officer and the Governor.” It is well established that section 1981 requires the service of a verified claim not only upon the officers sought to be charged but also upon the other officer designated; in the ease of a state officer, the Governor.

(Huffaker

v.

Decker,

77 Cal.App.2d 383 [175

[503]

P.2d 254];

Veriddo

v.

Renaud,

35 Cal.2d 263 [217 P.2d 647];