New CA Tort Case

New Published California Tort Case

Must a plaintiff wait at least 45 days after they submit their government tort claim before they file a lawsuit? 

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™: 

Harland v. City of West Hollywood (2026) _ Cal.App.5th _ , 2026 WL 1552678: The Court of Appeal affirmed the trial court’s order sustaining defendant city’s demurrer, without leave to amend, to plaintiff’s complaint seeking damages for injuries she suffered when she tripped and fell while walking near 8228 Sunset Boulevard in West Hollywood. Plaintiff’s action was dismissed because she filed her original lawsuit without waiting 45 days after she submitted her tort claim to defendant. Instead, plaintiff filed her original complaint just two days after she filed her tort claim. The trial court sustained defendant’s demurrer concluding that plaintiff’s initial failure to comply with the Government Claims Act's claim presentation requirements was a complete bar to the action. The Court of Appeal agreed, holding that because plaintiff filed and served her lawsuit before the mandatory 45-day waiting period expired after presenting her claim to defendant, she violated the Act in a manner that could not be cured by voluntarily dismissing the first lawsuit and then refiling — nor by defendant’s subsequent denial of her claim. Practitioner Takeaways: (1) Under the Government Claims Act, a plaintiff must wait the full 45 days after presenting a claim to a public entity before filing suit — filing even one day early is a fatal, incurable defect; (2) The substantial compliance doctrine recognized in Malear v. State of California (2023) 89 Cal.App.5th 213 is narrow and applies only where the original complaint was filed but not yet served before an amended complaint alleging the requisite denial is filed — if the original complaint was already served, Malear cannot save the claim; (3) Voluntarily dismissing a prematurely filed lawsuit and refiling an identical action does not cure the original noncompliance with the Act; (4) Arguments not raised in the trial court — such as a challenge to the adequacy of the opposing party's meet-and-confer efforts — are forfeited on appeal. (C.A. 2nd, June 2, 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.


2. Buy One of the CCS Publications:

Law Firm Unlimited subscriptions (the law firm can send summaries to every firm lawyer):  

• California Case Summaries™ (monthly, quarterly and annual issues). Subscribe.
• CCS Monthly™ (monthly issues only). Subscribe.
• CCS Quarterly™ (quarterly issues only). Subscribe.
• CCS Annual™ (annual issues only). Subscribe.
• CCS Annual Employment™ (annual issues only). Subscribe. 
• CCS Annual Tort and Insurance™ (annual issues only). Subscribe.
  
• CCS Annual Real Property™ (annual issues only). Subscribe.

Individual Attorney subscriptions (only the subscribing attorney can read the summaries):

• California Case Summaries™ (monthly, quarterly and annual issues). Subscribe.
• CCS Monthly™ (monthly issues only). Subscribe.
• CCS Quarterly™ (quarterly issues only). Subscribe.
• CCS Annual™ (annual issues only). Subscribe.
•  CCS Annual Employment™ (annual issues only). Subscribe.
• CCS Annual Tort and Insurance™ (annual issues only). Subscribe.
  
• CCS Annual Real Property™ (annual issues only). Subscribe. 
  
   

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
-Trying Cases: Trial Alchemy™ - Learn from Civil Jury Trial Experts
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