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SMITH v. CITY AND COUNTY OF SAN FRANCISCO

Docket No. 39582.

68 Cal.App.3d 227 (1977)

137 Cal. Rptr. 146

PAUL E. SMITH, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

March 18, 1977.

Attorney(s) appearing for the Case

COUNSEL

Don H. Banks and John Eshleman Wahl for Plaintiff and Appellant.

Thomas M. O'Connor, City Attorney, and Dan Maguire, Deputy City Attorney, for Defendant and Respondent.

OPINION

ELKINGTON, J.

Under California's Tort Claims Act (Gov. Code, § 900 et seq.) a claim against a public entity must be made within 100 days of the accrual of the cause of action (Gov. Code, § 911.2). If the claim is rejected an appropriate action must be commenced "not later than six months after the date such notice [of rejection] is personally delivered or deposited in the mail." (Gov. Code, § 945.6, subd...

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