Procedural Posture

Appellant superintendent sought review of a decision of the Superior Court of Fresno County (California), which granted respondent school district’s demurrer and dismissed without leave to amend appellant’s action for beach of his employment contract.

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Overview

Appellant superintendent’s action for breach of employment contract against respondent school district was dismissed for failure to comply with the California Tort Claims Act (TCA). The court affirmed the decision of the trial court and found that appellant was not exempt from the claims presentation requirements of Cal. Gov. Code § 945.4, because his claim, which sought a cash settlement in exchange for the early termination of his employment contract, did not seek to recover salary or wages previously earned or retirement benefits to which he was entitled, but was purely for monetary damages. The court also found that the collection of correspondence that appellant submitted was not sufficient to establish substantial compliance with the TCA because the procedures prescribed by the TCA envisioned the filing of a single claim with the public entity so that the public entity may investigate the claim, consider settlement and formally approve or reject a claim. Furthermore, the court found that the information contained in the letters did not set forth the essential elements required to be included in a claim as required by Cal. Gov. Code § 910.

Outcome

The court affirmed the decision of the trial court, which granted respondent school district’s demurrer and dismissed appellant superintendent action for breach of an employment contract, because appellant failed to meet the requirements of the California Tort Claims Act.