Government Tort Claim Delivery Requirement Strictly Construed.

After being damaged by medical negligence at a county hospital, plaintiff’s lawyer gave written notice under Code of Civil Procedure section 364, that a suit for personal injuries would be filed. Counsel personally delivered copies of the letter to the hospital’s administration and requested that it be forwarded to the hospital’s insurance carrier. It is undisputed the letter was never personally served, or presented, nor mailed, to the county clerk. The trial court dismissed the action brought by plaintiff because he did not present a claim in accordance with Government Code section 915 which requires a claim be delivered to the clerk, secretary, or auditor. The appellate court held the Code of Civil Procedure section 364, letter substantially complied, and the California Supreme Court reversed the action of the Court of Appeal, stating:  “We reject this judicial expansion of the statutory requirements and affirm that a claim must satisfy the express delivery provision language of the statute.” Dicampli-Mintz v. County of Santa Clara (Cal. Sup. Ct.; December 6, 2012) (Case No. S194501).