City of Stockton v. Superior Court

Civic Partners Stockton (plaintiff) had agreements with the Redevelopment Agency and the City of Stockton (defendants) for a hotel rehabilitation and office lease, but the City repudiated the lease and the Agency contracted with a different company on conflicting terms; despite alleged assurances from the City and Agency that Civic's interests would be protected, Civic sued without ever presenting a pre-litigation claim under California Government Code § 905. The City and Agency raised the claim-presentation defense only in their third motion, after two earlier successful demurrers had let Civic amend its complaint without addressing this issue; the trial court held the requirement did not apply to contract claims, but the Court of Appeal reversed.