Stevenson v. San Francisco Housing Authority

In Stevenson v. San Francisco Housing Authority (1994) 24 Cal.App.4th 269, the claim stated claimant's father fell in his apartment during an earthquake and was not discovered until seven days later. He suffered injuries which resulted in his death. The complaint alleged causes of action for negligent failure to disclose latent defects in the apartment, breach of the statutory duty to inspect the premises for safety, and negligent failure to inspect. The housing authority argued the claim focused on events after the earthquake while the complaint focused on events before the earthquake. The court found the variance permissible; although the legal theories were more detailed in the complaint, the claim referenced the father's fall and negligent maintenance of the apartment. The addition of details merely elaborated on the basic facts set forth in the claim. ( Id. at p. 278.)