New CA Employment Case

New Published California Employment Case

The Failure the State the Date Range of Alleged Continuing Governmental Misconduct in a Government Claim Form Is Terminal.   

The California Court of Appeal Court addressed this issue last month. Below is my one-paragraph case summary from my online publication California Case Summaries™: 

Khedr v. Superior Court (2026) _ Cal.App.5th _ , 2026 WL 2018161: The Court of Appeal denied a petition for writ of mandate seeking to overturn the trial court’s order sustaining defendants’ demurrers, without leave to amend, to plaintiffs’ complaint alleging whistleblower retaliation, violation of the Tom Bane Civil Rights Act (Civ. Code, § 52.1), invasion of privacy, and intentional infliction of emotional distress causes of action. Plaintiffs, who were part-time police officers, alleged they were retaliated against and ultimately terminated after they reported fiscal mismanagement and conflict of interest violations concerning a former police commissioner and chief of police, Michael Connolly. The trial court sustained the demurrers, finding that plaintiffs’ government claim forms failed to comply with Government Code section 910 because they stated no date other than the signing date and described the "Date of Loss" only as "Numerous—Loss is ongoing." The Court of Appeal agreed, ruling that the claim forms neither complied nor substantially complied with section 910(c) because, unlike the claimant in Knight v. City of Los Angeles (1945) 26 Cal.2d 764, petitioners provided no date range at all despite describing multiple discrete instances of misconduct, so the writ petition was denied. Practitioner takeaways: (1) When alleging continuing or ongoing government misconduct, a claim form must still state a date range for the wrongful conduct — "ongoing" or "numerous," without more, is treated as a total omission, not partial compliance. (2) The substantial compliance doctrine cannot rescue a claim form that wholly omits a required statutory element (here, date information); it only saves forms with incomplete-but-present information. (3) If a claim describes multiple discrete acts, courts expect the claimant to identify at least approximate dates or a date range for those acts, even if the harm itself continues. (4) A public entity's notice of insufficiency addressing the missing date element, left uncorrected, strengthens the entity's later argument that the defect was never cured and forecloses any waiver argument by the claimant. (C.A. 1st, filed June 24, 2026, published July 13, 2026.)

Mediation, Arbitration & Referee Services

Monty A. McIntyre, Esq. helps attorneys and their clients throughout California as a mediator, arbitrator and referee, handling employment (PAGA, wage and hour, wrongful termination, discrimination, retaliation), tort (elder abuse, legal malpractice, medical malpractice, personal injury, product liability and wrongful death), business, commercial, insurance (bad faith, coverage, UIM), real property and trust and estate/probate cases. Monty has been a California civil trial lawyer since 1980, a member of ABOTA since 1995, has tried over 100 civil cases (jury trials, judge trials, administrative trials and arbitrations), and has represented both plaintiffs and defendants in the areas listed above.

When you want a mediator who's tried lots of civil jury trials, bench trials and arbitrations for plaintiffs and defendants, has mediated lots of cases, and knows the new California civil case law, Monty is happy to help.  

To easily schedule a mediation, pick your date on Monty's calendar: https://montymcintyre.com 

You can also mediate with Monty at ADR Services. To schedule at ADR Services contact Rachael Boughan, rboughan@adrservices.com, (619) 233-1323.

 California Case Summaries™
Know The New Law.  

California attorneys will win more cases and get better results by always knowing the new civil case law in their practice areas. California Case Summaries™ make this easy with unique one-paragraph case summaries, with practitioner takeaways, that are organized by legal topic of every new civil case published by California courts throughout each year. Seven publication options are available for either Law Firm Unlimited subscriptions (the firm can send summaries to every firm attorney) or Individual Attorney subscriptions (only the subscribing attorney can read the summaries).

There are two ways to get California Case Summaries™:

1. Mediate with Monty McIntyre to Get a Free 1-Year Subscription to California Case Summaries™:

Law Firm Lawyers: When law firm lawyers conduct two half-day or two full-day private mediations in one calendar year with Monty McIntyre your law firm will get a free 1-year Law Firm Unlimited subscription (letting the firm send summaries to every firm attorney) to California Case Summaries™.

Sole Practitioners: When you conduct one half-day or full-day private mediation with Monty McIntyre you'll get a free 1-year Individual Attorney subscription (only the subscribing attorney can read the summaries) to California Case Summaries™.
 

Easily schedule a mediation with Monty by picking your date on Monty's calendar: https://montymcintyre.com 

You can also mediate with Monty at ADR Services. To schedule at ADR Services contact Rachael Boughan, rboughan@adrservices.com, (619) 233-1323.


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To get free one-paragraph summaries of every new civil case published by the California Supreme Court in 2024. Click here.

Do well and be well.  

Best regards,
Monty A. McIntyre, Esq.
Ending Litigation Trauma &
Helping Attorneys Get Excellent Results
-Settling or Deciding Cases or Issues: Mediator, Arbitrator & Referee
Employment, Torts, Business, Real Property, Insurance and Probate Cases
To easily schedule a new matter visit: https://montymcintyre.com 
-Working Up Cases: California Case Summaries™: Know The Law
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ABOTA Member Since 1995
Past President San Diego County Bar Assn. (2002), Past President SD ABOTA Chapter (2014)
Phone: (619) 990-4312 | Email: monty@montymcintyre.com