California Court of Appeal

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DiCampli-Mintz v. Santa Clara County, H034160

In a dispute arising from an action for medical negligence, summary judgment in favor of defendant on the basis of a delivery of a notice of claim defect is reversed, because the delivery of a pre-suit government claim to a department of the target entity charged with defending or managing claims against that entity may constitute substantial compliance with the claims requirement, so long as the purposes of the act are satisfied and no prejudice is suffered by the defendant.

Appellate Information

  • Decided 05/26/2011
  • Published 05/26/2011

Judges

  • RUSHING

Court

  • California Court of Appeal

Counsel

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