Sustained with 20 days leave to amend. Defendants’ Request for Judicial Notice: Granted as to Exhibit C pursuant to Evidence Code Section 452(c) and denied as to the exhibits attached to the Declaration of Douglas Hefley.

Although Plaintiffs checked box 9 of the judicial form complaint regarding compliance with the claims statute, they also pled the accident occurred on 11-18-18, and they filed and served their government claim on 12-9-19, which District rejected on 1-16-20. (FAC, p. 8, ¶14.) On its face, Plaintiffs have not pled compliance with the Government Claims Act. A plaintiff must file a claim against a local public entity before a plaintiff may file an action for money or damages against the entity. (Government Code (GC) §§905, 905.2, 945.4.) To be timely, a government claim for damages for personal injury or personal property must be presented to the public entity within 6 months of the date the cause of action accrued; all other claims are within one year. (GC §§901, 911.2.