CITY OF STOCKTON v. SUPERIOR COURT

No. S139237.

68 Cal.Rptr.3d 295 (2007)

42 Cal.4th 730

171 P.3d 20

CITY OF STOCKTON et al., Petitioners, v. The SUPERIOR COURT of Sacramento County, Respondent; Civic Partners Stockton, LLC, Real Party in Interest.

Supreme Court of California.

December 3, 2007.


Attorney(s) appearing for the Case

Wulfsberg Reese Colvig & Firstman, Charles W. Reese, Timothy A. Colvig, Mark A. Stump, Jeffrey R. Ward; Goldfarb & Lipman, Lee C. Rosenthal, Oakland; Richard E. Nosky, Jr., City Attorney, and Michael T. Rishwain, Assistant City Attorney, for Petitioners.

Orbach, Huff & Suarez, David M. Huff, Los Angeles, and Ryan W. Baldino for Los Angeles Unified School District as Amicus Curiae on behalf of Petitioners.

Jennifer B. Henning for California State Association of Counties and League of California Cities as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

Law Offices of Malcolm A. Misuraca and Malcolm A. Misuraca, Coral Gables, for Real Party in Interest.

Downey Brand, Melissa A. Thorme and Gregory T. Broderick, Sacramento, for Fallbrook Public Utility District as Amicus Curiae on behalf of Real Party In Interest.


CORRIGAN, J.

Government Code section 905 requires that "all claims for money or damages against local public entities" be presented to the responsible public entity before a lawsuit is filed.1 Failure to present a timely claim bars suit against the entity. (§ 945.4.) Here we hold that these requirements apply to breach of contract claims. We also adopt the practice of referring to the...

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