Del Real v. City of Riverside

In Del Real v. City of Riverside (2002) 95 Cal.App.4th 761, the action arose out of an automobile accident, between vehicles driven by the plaintiff and a police officer. The plaintiff alleged that the officer was acting within the course and scope of his employment with the City of Riverside (City) at the time of the accident. Almost four months after the accident, the plaintiff's attorney sent a letter to the police officer. The office of the city attorney responded to the letter indicating that the officer was represented by the city attorney's office, and all future contact with the officer be made through the city attorney's office. (Del Real v. City of Riverside, supra, 95 Cal.App.4th 761, 764.) In sum, Del Real v. City of Riverside, involved the presentation of a claim to a local public entity under section 915, subdivision (a), not a state agency under section 915, subdivision (b). The court relied upon the plain language of the government claims statute to conclude a claim against a public entity must satisfy the express delivery provisions language of the statute. Thus, a misdirected claim will satisfy the presentation requirement only if the claim is "actually received" by the statutorily designated entity. (Id. at p. 996.)