Rhoda v. Alameda Cty.

The complaint does not state that the claim alleged to have been presented to the Board of Supervisors was duly verified, etc. The statute lays down the steps to be taken by a claimant against a county precedent to institution of suit. (Political Code, secs. 4072-5.) Being a statutory right, the complaint must allege the steps taken.

“ In actions upon contracts, a general allegation of the performance of conditions precedent is declared sufficient by our statute. But a general allegation of the performance of conditions prescribed by our statute has not been so declared, and is not therefore sufficient.” (Himmelman v. Danos, 35 Cal. 448.)

Again, it is not alleged that any claim was presented to the Board for $5,000.

H. JBJ. W Clarke, for the Respondent.

The allegation of presentation of the claim to the Board of Supervisors and its rejection is sufficient, under case of Alien v. County of Alameda, 43 Cal. 272.

By the Court : The Political Code (sec. 4072) prohibits the Board of Supervisors from considering a claim against the county “ unless an account, properly made out, giving all items of the claim, duly verified as to its correctness, and that the amount claimed is justly due, is presented to the Board within a year after the last item of the account occurred." No action can be prosecuted against the county on such demand until it has been first presented to the Board of Supervisors for allowance, in the manner required by the statute, and has been rejected. (Alden v. County of Alameda, 43 Cal. 272.)

The averment on this point in the complaint in the present action is, that the plaintiffs “ have duly presented their claim for the value of said vault to the Board of Supervisors of said County of Alameda, for allowance, and that said Board have rejected said claim, and the whole thereof.”

[352]This averment is insufficient. It is the averment in general terms of the performance of a condition precedent prescribed by the statute : “ In actions upon contracts, a general allegation of performance of conditions precedent is declared sufficient by our statute. But a general allegation of the performance of conditions prescribed by a statute has not been so declared, and is not therefore sufficient.” (Himmelman v. Danos, 35 Cal. 441.)