Molshree Gupta obtains Dismissal with Prejudice of Negligence action for Large Public Entity

Ms. Gupta prepared a Demurrer to Plaintiff’s negligence cause of action, and Motion to Dismiss for untimeliness under Government Code 945.6, on behalf of Large Public Entity. The Court agreed with Ms. Gupta that the plaintiff had failed to plead facts to support her negligence claim against a public entity, and further that the plaintiff had not pled a statutory basis for her negligence claim – as required under Government Code 815(a). The Court also agreed with Ms. Gupta that the plaintiff’s complaint was untimely, as it was filed more than six months after the date on which the public entity deposited a notice of claim denial to the plaintiff in the mail. Therefore, the Court sustained M. Gupta’s Demurrer without leave to amend, and dismissed the plaintiff’s complaint with prejudice.