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TRAFFICSCHOOLONLINE, INC. v. CLARKE

No. B161974.

5 Cal.Rptr.3d 408 (2003)

112 Cal.App.4th 736

TRAFFICSCHOOLONLINE, INC., Plaintiff and Appellant, v. John A. CLARKE, as Administrator, etc., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

October 14, 2003.

Attorney(s) appearing for the Case

Merrill, Arnone & Jones, William J. Arnone, Jr., Marlon V. Young and Elizabeth R. Palmer, Santa Rosa, for Plaintiff and Appellant.

Thelen Reid & Priest, Curtis A. Cole and Kenneth R. Pedroza, Los Angeles, and E. Todd Chayet for Defendants and Respondents.

TURNER, P.J.

Plaintiff, TrafficSchoolOnline, Inc., appeals from a summary judgment entered in favor of defendants, John A. Clarke and the Superior Court of the State of California in and for the County of Los Angeles. Because all of plaintiffs damage claims are barred by its failure to file a Government Code section 945.4 claim, summary judgment was properly entered. We therefore reject plaintiffs argument that an incidental damage cause of action, when joined...

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