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Case Name Tipler v. City of Palmdale
Date 03/03/2009
Note A worker failed to show that his open claim tolled the statute of limitations for his future tort action.
Citation B205862
WCC Citation WCC 35022009 CA
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO ELGIN TIPLER, Plaintiff and Appellant, v. CITY OF PALMDALE, Defendant and Respondent. Appellant Elgin Tipler sued respondent City of Palmdale (the City), alleging causes of action related to his departure from employment with the City. FACTUAL AND PROCEDURAL SUMMARY The City's city manager sent Tipler a letter dated August 5, 2002, notifying him that his employment with the City was terminated effective immediately. The City demurred to the complaint on the ground, inter alia, that Tipler was required, but failed, to allege that he had filed the statutorily required government claim (see § 905) with the City. The City again demurred to the first amended complaint on the ground that Tipler had failed to allege compliance with the requirement that he file a government claim with the City.

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