The Complex World Of Government Claims.

The Judicial Council asked the appellate court to mandate the trial court to grant its summary judgment motion because plaintiff, who alleges she was severely injured while on an elevator at a Los Angeles courthouse, failed to present a government claim to the Secretariat of the Judicial Council. Plaintiff contends she complied with the government claims requirement set forth in Government Code section 915 by mailing her claim to defendant at the Victim Compensation and Government Claims Board. The appellate court noted that Government Code section 915, subdivision (e)(1), requires actual receipt of a misdirected claim by one of the designated recipients, but plaintiff merely produced evidence the claim was received by the Victim Compensation and Government Claims Board. The court also notes that Government Code section 915, subdivision (e)(4), “contains the qualifier that if the government claim is against a judicial branch entity, then there is compliance if it is actually received by the secretariat.” In granting the extraordinary relief requested, the appellate court found plaintiff failed to present her claim the secretariat, and all her personal injury claims are therefore barred. (Judicial Council of California v. Sup. Ct. (Mari Bean) (Cal. App. Second Dist., Div. 5; September 16, 2014) 229 Cal.App.4th 1083, [177 Cal.Rptr.3d 602].)