The demurrer is sustained without leave to amend. Plaintiffs failed to file a claim with the Fund within the statutory time period. Plaintiffs argue Ms. Alexander directed them to refer all questions, correspondence and matters to a County Foster Program Employee, Ms. Vasquez, who was apparently an investigator for the Sacramento County Foster Licensing Division. Ms. Vasquez, it is argued, did not tell plaintiffs of the legal requirement that they file a claim with the Fund prior to instituting a civil action, and that they do so within the limitations period. There is no requirement they do so and the fact Ms. Alexander directed them to speak to Ms. Vasquez is not an affirmative statement which estops her from relying on the claims statute.
Plaintiffs also request leave to file a late claim.
In order to do so, plaintiffs have to first submit a request to the appropriate agency and then follow the appropriate procedures. Waiting until their complaint is challenged by demurrer is not one of the recognized procedures. In her supplemental opposition, filed after the reply was filed with the Court, plaintiff argues the demurrer must be overruled as she has alleged she complied with a claims requirement. According to plaintiff, since she has alleged it, the Court must deem it true for purposes of ruling on the demurrer. Plaintiff's statement she complied with a claims requirement is a conclusion of fact which may properly be challenged in this matter by defendant's request for judicial notice.