Dismissal For Failing To Date Governmental Claim Reversed.

Plaintiff was injured while exiting a bus. In her complaint, she alleged: “On January 15, 2010, Plaintiff filed a timely claim complying with the required claims statute.

On or about January 19, 2010, a [Transit District] representative called Plaintiff’s representatives stating there was no date on the claim and requested that date of the incident be provided. Plaintiff subsequently provided the date of the incident to said representative, thus complying with the requirements of the government tort claim statute.” After sustaining the transit district’s demurrer because “the claim filed by plaintiff lacked a date of the incident and was defective,” the trial court dismissed the complaint.  The appellate court reversed, stating “it is reasonable to interpret plaintiff’s allegations to mean that she provided the date of the incident to Transit District’s representative by amending the claim in accordance with the requirements for amendment set forth in [Government Code] section 910.6.”  Perez v. Golden Empire Transit District  (Cal. App. Fifth Dist.;  October 5, 2012) 209 Cal.App.4th 1228, [147 Cal.Rptr.3d 709].