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VOTH v. WASCO PUBLIC UTIL. DIST.

Docket No. 2371.

56 Cal.App.3d 353 (1976)

128 Cal. Rptr. 608

STANLEY VOTH et al., Plaintiffs and Appellants, v. WASCO PUBLIC UTILITY DISTRICT, Defendant and Respondent.

Court of Appeals of California, Fifth District.

March 18, 1976.

Attorney(s) appearing for the Case

COUNSEL

Stephen E. Wall for Plaintiffs and Appellants.

Noriega, Clifford, Jenkins & Brown, Noriega, Clifford, Jenkins, Stanton & Brown, Thomas M. Stanton and James E. Brown for Defendant and Respondent.

OPINION

FRANSON, J.

The issue is whether, under Government Code section 911.2, a lessee's claim for damages against a public entity-lessor for breach of an implied promise of fitness of water for use on growing crops sounds in tort so as to require the filing of the claim within 100 days after the accrual of the cause of action, or whether the claim is based on a contract thereby allowing the claim to be filed within one year. For...

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