Claims against a government entity in California

If a government agency may be responsible for your injury, the rules are different and the deadlines are short. Before you can sue, you have to present a written claim to the agency, and you generally have six months to do it. Missing that step, or that deadline, is one of the most common ways a valid claim is lost.

It is general information, not legal advice. If any government role is possible, talk to a lawyer immediately.

When it applies

The Government Claims Act governs claims for money or damages against a California public entity: a city, a county, a city or county agency, a transit district, a school or community college district, a special district, the University of California and California State University systems, and the State of California itself. It also reaches individual public employees acting within the scope of their employment. Common injury situations:

• A crash with a city bus, a government fleet vehicle, or a police vehicle.
• A dangerous condition of a public road, sidewalk, signal, or trail.
• A fall or an assault at a courthouse, library, school, or public pool.
• A premises injury on the grounds of a public hospital.

Which of these I take, and the treatment carve-out for public hospitals: what I take and what I don't.

What the claim must contain

A government claim is a specific document, not a demand letter. It must include the claimant's name and address, the address for notices, the date and place and circumstances of the injury, a general description of the loss, the names of the public employees involved if known, and the amount claimed if it is under the limited-civil threshold (otherwise it states whether the case is a limited or unlimited civil case). Many entities publish a claim form; using it avoids arguments about whether the claim was adequate.

Sources: Gov. Code, § 910 (contents of a claim); § 945.4 (presentation required before suit).

The six-month presentation deadline

For a personal injury or wrongful death claim, the written claim must be presented within six months of the date the cause of action accrues — usually the date of the injury. Claims for damage to property or other losses have a one-year deadline. The claim is "presented" when it is delivered or mailed to the entity's clerk, secretary, auditor, or governing board.

Sources: Gov. Code, § 911.2 (six months for injury and death claims).

What happens next

The entity's board has 45 days to act on the claim (that period can be extended by written agreement). Then:

• Written rejection. If the entity mails you a proper rejection notice, you have six months from the date it is mailed to file your lawsuit (Gov. Code, § 945.6). This is the deadline people miss most.
• No action. If the entity does nothing within the 45 days, the claim is deemed rejected by operation of law, and you have two years from accrual to sue. Do not plan around this — entities usually do send a rejection, which triggers the short clock.
• Defective-notice trap. If the entity's rejection notice does not include the statutory warning language, the six-month clock may not start — but this is a fact-specific argument, not something to rely on.

Sources: Gov. Code, § 945.6 (six months to sue after written rejection; two years if none); § 912.4 (45 days to act; failure is a deemed rejection).

The late-claim path

Missing the six-month presentation deadline is serious, but there is a limited route back:

1. Application for leave to present a late claim. You must file it with the entity within a reasonable time, and in no event more than one year after the cause of action accrues, along with the proposed claim (Gov. Code, § 911.4).
2. Grounds. The entity must grant the application if the delay was through mistake, inadvertence, surprise, or excusable neglect and the entity was not prejudiced; if the claimant was a minor for all of the six months; if the claimant was physically or mentally incapacitated; or if the person injured died before the deadline (Gov. Code, § 911.6). Failure to act on the application within 45 days is a deemed denial.
3. Petition to the superior court. If the entity denies the application, you can petition the court for relief within six months (Gov. Code, § 946.6). The court applies the same grounds.

For someone who was a minor when injured, the application is due within six months of turning 18, or one year after accrual, whichever is first.

Frame it honestly: this is narrow. Courts have consistently held that simply not knowing about the claims deadline is not "excusable neglect," and that a claimant who consulted a lawyer is generally held to the lawyer's knowledge. A missed six-month deadline is a reason to see a lawyer immediately, not a reason to assume the claim is over.

Sources: Gov. Code, § 911.4 (application for leave to present a late claim); § 911.6 (grounds; 45-day deemed denial); § 946.6 (petition to the superior court).

What to do

• The moment a government role is possible, treat the six-month clock as already running.
• Identify the correct entity — a road may belong to a city, a county, or Caltrans, and presenting to the wrong one does not stop the clock.
• Use the entity's claim form and keep proof of delivery.
• If six months has passed, get to a lawyer the same week; the one-year late-claim window is also finite.

Common questions

What is a government claim, and why do I have to file one?

Before you can sue a California city, county, transit agency, school district, or the state for money, you must first present a written claim to that entity (Gov. Code, § 945.4). It is a mandatory step, separate from and earlier than filing a lawsuit.

How long do I have to present the claim?

Six months from the date the cause of action accrues, for a personal injury or wrongful death claim (Gov. Code, § 911.2). Claims for other kinds of loss have a one-year deadline.

What happens after I present the claim?

The entity has 45 days to act. If it rejects the claim in writing, you have six months from the date that notice is mailed to file suit (Gov. Code, § 945.6). If it does nothing, the claim is deemed rejected and a longer deadline applies — but do not rely on that; a written rejection starts the short clock.

I already missed the six-month deadline. Is the claim dead?

Not necessarily. You can apply for leave to present a late claim within a reasonable time, up to one year after accrual (Gov. Code, § 911.4). The entity must grant it only on narrow grounds (§ 911.6), and you can then petition the superior court (§ 946.6). It is a narrow path, and courts do not accept simply not knowing the deadline as an excuse.