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Claim Against State Must be Filed in Accord with Statute\\n\\nIn Angela Erika Cantu v. California Department Of Transportation et al.,\\n F084601, California Court of Appeals (November 30, 2023) Angela Cantu \\nsued the California Department of Transportation (Caltrans) and James \\nHinson for alleged injuries sustained in a motor vehicle incident. \\nBecause she failed to file a proper and timely claim the trial court \\ngranted summary judgment to Caltrans and Hinson and Cantu appealed..\\n\\nFACTUAL BACKGROUND\\n\\nAngela Cantu and James Hinson, a Caltrans employee, were involved in a \\nmotor vehicle collision on State Route 168 in Fresno. \\xa0Two months later,\\n on August 17, 2018, Caltrans received, via facsimile, a letter from \\ncounsel retained by Angela Cantu.\\n\\nRichard Maynard, an analyst with the California Department of General \\nServices, responded to Cantu\'s "letter of representation dated \\n8-17-2018," and shortly thereafter informed Cantu\'s attorneys that he \\nwould be "handling this file for the State of California." Maynard \\nadvised counsel that "The State of California has a six-month statute of\\n limitation. If your claim is not resolved within six months from the \\ndate of loss, California law requires you to file a formal claim with \\nthe Government Claims Program (GCP) (Government Code 900, et seq.).\\n\\nCantu\'s counsel took no further action until January 8, 2020, over 18 \\nmonths after the underlying traffic collision. In the meantime, the six \\nmonth claim period lapsed on December 19, 2018. Eventually, on January \\n8, 2020, Cantu\'s counsel filed a Government Claim form, along with the \\n$25 filing fee and an application to file a late claim. Thereafter Cantu\\n filed a complaint in the Fresno County Superior Court.\\n\\nCaltrans and James Hinson filed a motion for summary judgment on grounds\\n that Cantu had failed to file an appropriate claim under the Government\\n Claims Act, a mandatory prerequisite to filing a lawsuit. Judgment was \\nsubsequently entered in favor of Caltrans and James Hinson. Cantu \\nappealed.\\n\\nDISCUSSION\\nTrial Court Properly Granted Summary Judgment Based on Cantu\'s Failure \\nto Comply with the Government Claims Act\\n\\nThe trial court found Cantu had not complied with the claim presentation\\n requirement of the Government Claims Act in this matter. Since \\nplaintiff\'s counsel\'s letter does not touch on many of the required \\nelements of a claim as specified in Government Code section 910, there \\nwas no substantial compliance.\\n\\nCantu\'s Claims are Barred Under the Government Claims Act\\n\\nThe California Government Claims Act (Gov. Code, \\xa7 900 et seq.) requires\\n a plaintiff seeking money damages against public entities and public \\nemployees acting within the scope of their employment, to file an \\ninitial claim with the relevant public entity.\\n\\n\\nhttp://zalma.com/blog/insurance-claims-library.