California Government Claims Act: the six-month claim deadline

When a defendant is a California public entity, such as a city, county, school district, transit agency or the state, the injury case runs on a different clock. Before suing, the claimant must present a written claim to the entity, usually within six months of the injury, and wait for the entity to act on it. Miss the six months, and the case depends on a late-claim application the entity may deny.

This guide covers the deadlines, what the claim must say, the late-claim route, and the rules for minors. It is general information, not legal advice; the deadlines below are from the Government Code, and accrual turns on the facts.

Why a public entity case runs on a different clock

Government Code 945.4 bars a suit for money or damages against a public entity on a claim that must be presented until a written claim has been presented and the board has acted on it, or it is deemed rejected. The claim is not a formality. It is a condition of suing, and its deadline is far shorter than the two years in CCP 335.1.

The deadlines at a glance

The six months after a written rejection can end before the general two-year statute would. Calendar it from the date the notice was delivered or mailed, not the date the firm opened it.

Spotting a public entity early

Ask at intake, and check the police report, for:

• City or county vehicles, including buses, trash trucks and police cars.
• Transit agencies and their contractors' vehicles.
• Road and sidewalk conditions, signals and signs. Dangerous conditions of public property are governed by Government Code 835.
• School districts, community colleges and state universities.
• Public hospitals and clinics.
• State agencies, including the state's highways.

Claims for injuries caused by a public employee acting in the scope of employment are tied to the claim against the employer as well. Where a private contractor is involved, a claim may be needed against the entity in addition to the suit against the contractor.

What the claim must say

Government Code 910 lists what a claim must show:

1. The claimant's name and post office address.
2. The post office address where notices should be sent.
3. The date, place and other circumstances of the incident.
4. A general description of the injury, damage or loss, as far as it is known.
5. The names of the public employees who caused the injury, if known.
6. The amount claimed if it is less than $10,000, with the basis for computing it. If the claim is over $10,000, no dollar amount is stated; the claim says whether it would be a limited civil case.

Many entities publish their own claim form; use it when they do. Claims against the state go to the Department of General Services, which uses a $25 filing fee or a fee waiver request (Gov. Code 911.2(b)). Keep proof of delivery or mailing with the file.

Missed the six months: the late-claim route

If the six months have passed, the claimant can apply to the entity for leave to present a late claim, attaching the proposed claim and stating the reason for delay. The application must be made within a reasonable time, and no later than one year after accrual (Gov. Code 911.4).

The board must grant the application if the failure to present the claim on time was due to mistake, inadvertence, surprise or excusable neglect and the entity wasn't prejudiced, or if the claimant was a minor, was physically or mentally incapacitated, or died during the period, on the conditions in section 911.6. The board has 45 days to act; silence is a denial.

If the application is denied, the claimant may petition the superior court within six months for relief from the claim requirement (Gov. Code 946.6). If the court grants relief, the suit must be filed within 30 days.

The late-claim route is narrow and fact-specific. The application has to explain the delay with facts, and an entity that can show it was prejudiced in investigating the claim can defeat a mistake or neglect argument. A firm that learns of a public entity defendant in month five should present the claim at once rather than plan around the late-claim rules. Treat six months as the deadline.

Minors and the claim deadline

Minority does not toll the claim requirement against a public entity (CCP 352(b)). A minor's claim still has to be presented within six months, or through a late-claim application. Minority is a ground for granting a late application: where the claimant was a minor for the whole six months, or for part of it with the application made within six months of turning 18 or one year after accrual, whichever comes first (Gov. Code 911.6). See the statute of limitations guide.

A government claim checklist

• Ask about public entity involvement at intake, and recheck when the police report arrives.
• Calendar six months from the date of injury on day one.
• Identify every possibly responsible entity, and present a claim to each.
• Use the entity's own form if it has one, and include every item in Gov. Code 910.
• Keep proof of delivery or mailing.
• Calendar the 45-day response date.
• When a rejection notice arrives, calendar six months from its delivery or mailing date.
• If no notice comes, calendar two years from accrual.

Tracking government claims in PlaintiffStack

On a personal injury case in PlaintiffStack, the claim deadline, the response date and the suit deadline are deadlines on the case, each on the firm's calendar with an owner. Tasks tie the work to the deadline it serves, and the firm sees deadlines in the next 30 days with no preparation task. The Draft assistant can write the claim from the case's documents for an attorney to review; facts the file doesn't contain are marked as fields to fill, not guessed. See the government claim glossary entry for a short definition.