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Wong v. 396 Investment Co.5/17/2005
suffered by Dolores Biazevich, Cyndie Marion and Yi-Yi Wei were the same as the property injuries suffered by their respective spouses. The issue at hand was the nature and extent of the damage to the properties identified in the claims. "`" he purpose of these statutes is to provide the public entity sufficient information to enable it to adequately investigate claims and to settle them, if appropriate, without the expense of litigation. [Citations.]"'" (Nguyen v. Los Angeles County Harbor/UCLA Medical Center, supra, 8 Cal.App.4th at p. 734.) Here, that purpose was satisfied. Anaheim had sufficient information to enable it to investigate the property damage claims and to settle them. Neither the nature nor the extent of the property damage claims changed in any way when Anaheim learned that the properties were owned by Matthew Biazevich, Michael Marion, and Alexis Wei together with their respective spouses. Nothing about the disclosure of the co-ownerships affected the ability of Anaheim to either investigate or settle the claims. Where the property damage claims are concerned, therefore, the court did not err in construing each claim as being filed on behalf of both spouses. (See Lacy v. City of Monrovia (1974) 44 Cal.App.3d 152, 155 [claim may be presented by person acting on behalf of claimant]; accord, Gov. Code, ยง 910.)
The court did err, however, when it comes to the emotional distress claims of Dolores Biazevich, Cyndie Marion and Yi-Yi Wei. The emotional distress damages of these individuals were separate and distinct from the damages suffered by their respective spouses. The fact that Anaheim was put on notice as to property damages suffered by one person does not mean that it was put on notice as to emotional distress damages suffered by that person's spouse - a separate individual with separate injuries. (See Nguyen v. Los Angeles County Harbor/UCLA Medical Center, supra, 8 Cal.App.4th at pp. 733-734.) The judgments in favor of Dolores Biazevich, Cyndie Marion and Yi-Yi Wei are remanded with directions to modify the judgments so as to reduce them by the amounts of the emotional distress damages awarded to these respective individuals.
(c) Failure to Allege Emotional Distress Damages
Next, Anaheim asserts that Matthew Biazevich, Michael Marion, Patricia Robinson and Alexis Wei only alleged property damages in their claims. Thus, Anaheim argues, the court erred in awarding emotional distress damages to these four individuals.
As noted above, the claims of Matthew Biazevich, Michael Marion and Alexis Wei contained the following description of the injury in question: "Cracks, breaks, distortions and other damage to the home and other structures on the lot, damage to utilities, and other damage related to earth movement, expansion, and excessive water in the soils. Imminent danger of complete loss of the property as well as death or injury to Claimants, their families, their guests, and/or anyone else present on their property at the time of failure, due to imminent danger of catastrophic slope failure and/or associated failure of the reservoir." The claim of Patricia Robinson contained the same language.
According to Anaheim, this language does not suffice. Anaheim cites State of California ex rel. Dept. of Transporation v. Superior Court (1984) 159 Cal.App.3d 331, wherein the court stated: "Courts have consistently interpreted the Tort Claims Act to bar actions alleging matters not included in the claim filed with the public entity." (Id. at p. 336.)
In State of California ex rel. Dept. of Transporation v. Superior Court, supra, 159 Cal.App.3d 331, a mudslide case, the appellate court held that the claims in question did not contain
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