What are the procedural requirements of a tort claim under the California Tort Claims Act for damages arising out of contract?

California, United States of America


The following excerpt is from Crow v. State of California, 222 Cal.App.3d 192, 271 Cal.Rptr. 349 (Cal. App. 1990):

Under the Tort Claims Act, 1 "There shall be presented in accordance with Chapter 1 [ 900 et seq.] and Chapter 2 [ 910 et seq.] of [Part 3] all claims for money or damages against the state: ... (c) For money or damages (1) on express contract, or (2) for an injury for which the state is liable." ( 905.2; see also 905.) Thus, although actions arising out of contract are not affected by the immunities and liabilities in part 2 of the Tort Claims Act ( 814), they are nonetheless subject to its procedural requirements. (White v. State of California (1987) 195 Cal.App.3d 452, 477, 240 Cal.Rptr. 732; Loehr v. Ventura County Community College Dist. (1983) 147 Cal.App.3d 1071, 1079, 195 Cal.Rptr. 576.) It goes without saying that any tort cause of action must similarly meet this requirement.

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