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Adam v. City of Fremont12/3/1998
legal duty. Finally, if appellants believed respondents' claims were unclear in any particular - - and it is difficult to believe there ever was any such uncertainty -- they were statutorily obliged to file a notice of insufficiency, "stating with particularity the defects or omissions" of the claim presented. (Gov. Code, § 910.8.) By failing to provide such notice, appellants waived the defense that the claim was defective. (Gov. Code, § 911; Phillips v. Desert Hospital Dist., supra, 49 Cal.3d at p. 711.)
For the foregoing reasons, I would affirm the judgment.
Kline, P. J.
Trial court: Alameda County Superior Court
Trial court Judge: Hon. William L. Dunbar
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 California Personal Injury Attorneys
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