Foster v. McFadden

In Foster v. McFadden (1973) 30 Cal. App. 3d 943, a plaintiff -- who was injured by an employee of a sanitation district -- sent a letter to the employee and sent a copy of the letter to the sanitation district. In fact, the sanitation district responded to the letter. The Court of Appeal held that "the letter performed the function of a claim" because it was sent to the district and provided sufficient information regarding the alleged accident. The case, therefore, failed to address the central issue on this case: Whether the State waived its defense under the Act under sections 910.8 and 911 when the proper public entity -- the State Board of Control -- never received the claim filed by plaintiff.