1. The sixth affirmative defense alleges the deficiency of the claim in its purported failure to comply with the provisions of Court of Claims Act
2. For example, a state court may find the deficiencies in a claim so clear that it is easier to deny it on the merits.
3. A “claim as presented” is a claim that is defective in that it fails to comply substantially with Government Code sections 910 and 910.2, but nonetheless puts the public entity on notice that the claimant is attempting to file a valid claim and that litigation will result if it is not paid or otherwise resolved. A “claim as presented” triggers a duty on the part of the governmental entity to notify the claimant of the defects or omissions in the claim. A failure to notify the claimant of the deficiencies in a “claim as presented” waives any defense as to its sufficiency.