§ 5.8.4.1 Content of the Notice of Claim. The claim letter must contain facts sufficient to permit the public entity to understand the alleged basis for liability, a specific amount for which the claim can be settled, and facts supporting that amount. Thus, a notice of claim must include a statement of facts describing the basis of the claim; a statement describing the damages incurred; and a sum for which the claim can be settled.16
There is little case law regarding the statutory requirement that the Notice contain "facts sufficient to permit the public entity or public employee to understand the basis on which liability is claimed." Some authority exists that says this requirement is a relatively light burden on claimants, and the requirement is just that enough facts be provided to facilitate the public entity's investigation.17To comply with the notice of claim statute's requirement for facts supporting the amounted claimed, a claimant need only provide "the factual foundation that the claimant regards as adequate to permit the public entity to evaluate the specified amounts claimed" and does not have to provide an exhaustive list of facts to support the claim.18 The statute requires a claimant to describe facts "sufficient to permit" a public entity to evaluate liability, but does not require that the claimant set forth facts sufficient to support the claim or settlement amount and a notice is not invalid because the settlement amount demanded is not objectively quantifiable.19 As a result, absent a claimant providing no supporting facts in her Notice of Claim, at least one district court has concluded "the adequacy of the notice's supporting facts is not subject to judicial review."20
The notice of claim statute requires the claimant to "include a particular and certain amount of money that, if agreed to by the government entity, will settle the claim."21 The amount must set forth a specific amount for which the claimant will settle his claims and the sum certain portion of the notice of claim, contrary to a prior court of appeals decision, does not include a reasonableness standard.22 Challenges to whether a claimant has made a specific amount for which she will settle her claim are common. Courts have held that language that qualifies the settlement amount, such as identifying damages "in excess of," "approximately," and "no less than" a certain amount, or which include anticipatory damages based upon "similar appropriate pay raises" make it...
