Government claim

What it is

Before a person can sue a California city, county, school district, transit agency or the state for injuries, the Government Claims Act requires a written claim to the public entity, which gets a chance to investigate and pay before it is sued. Claims against state agencies go to the Department of General Services' government claims program; local entities have their own clerks or boards.

The California rule

Under Government Code 911.2, a claim for death or injury to a person or personal property must be presented within six months after the cause of action accrues; most other claims get one year. The claim must include what Government Code 910 lists, including the date, place and circumstances, a description of the injury, the public employees involved if known, and the amount claimed or, for larger claims, whether it would be a limited civil case. The entity has 45 days to act, and silence counts as rejection. No suit may be filed until the claim has been presented and rejected (section 945.4). After a written rejection notice, the claimant has six months to sue; without one, two years from accrual (section 945.6). An application to present a late claim can be made within a reasonable time, not more than a year after accrual (section 911.4).

Why it matters to a plaintiff firm

Six months is the shortest common deadline in injury practice, and public defendants hide in ordinary cases: a city bus, a dangerous road, a police car, a school. Firms ask about them at intake. See our guide to the six-month deadline.