Malear v. State of California

Holding

The court held that the trial court erred in sustaining the demurrer because the plaintiff had achieved substantial compliance with the Government Claims Act by filing an amended complaint—after the claim’s denial and before the defendants were served—that expressly alleged the denial, thereby curing the prematurity defect; additionally, the complaint sufficiently alleged facts to state a cause of action for failure to summon medical care under Cal. Gov’t Code § 845.6, and the asserted statutory immunities were not apparent on the face of the pleadings. ---