Tentative ruling on Mar. 18, 2024 in Santa Clara County, CA - Case no: xxxxx550

22CV397550 Louis Lennard vs Traffic Dept/ City of San José Motion of Defendant City of San José for Summary
210 N. 4th St. San José, CA et al Judgment/Summary Adjudication.
The motion is not opposed. The motion is GRANTED.
Defendant files this motion alleging that plaintiff has not pled
certain requirements to bring a cause of action against a public
entity. Defendant is correct.
The filing of a claim for damages against a public entity such as
the defendant here “is more than a procedural requirement, it is a
condition precedent to plaintiff’s maintaining an action against
defendant … an integral part of plaintiff’s cause of action.” (State
v. Superior Court (Bodde) (2004) 32 Cal.4th 1234, 1240-41; see
also City of Stockton v. Superior Court (2007) 42 Cal.4th 730,
738 [failure to present a timely claim bars a plaintiff from filing a
lawsuit]; City of San José v. Superior Court (1974) 12 Cal.3d
447, 454 [“Complia….....