Section 946.4 Of Chapter 2. Actions Against Public Entities From California Government Code >> Division 3.6. >> Title 1. >> Part 4. >> Chapter 2.
946.4
. (a) Where provision is made by or pursuant to law that no
suit may be brought against a public agency as defined in Section
53050 unless and until a claim is presented to the agency, the
failure to present a claim does not constitute a bar or defense to
the maintenance of a suit against such public agency if, during the
70 days immediately following the accrual of the cause of action:
(1) No statement pertaining to the public agency is on file, or is
placed on file, in the Roster of Public Agencies in the office of
the Secretary of State and of the county clerk of each county in
which the public agency then maintains an office, as required by
Section 53051; or
(2) A statement or amended statement pertaining to the public
agency is on file, or is placed on file, in the Roster of Public
Agencies in the office of the Secretary of State and of the county
clerk of each county in which the public agency then maintains an
office, but the information contained therein is so inaccurate or
incomplete that it does not substantially conform to the requirements
of Section 53051.
(b) On any question of fact arising within the scope of paragraphs
(1) and (2) of subdivision (a), the burden of proof is upon the
public agency.
(c) This section is inapplicable where the presentation of a claim
is required by a claims procedure established by agreement made
pursuant to Section 930.2 unless the procedure so prescribed requires
that the claim be presented to the governing body of the public
agency or to a person listed in Section 53051.