Government Claims Act in California.

Overview

The California Government Claims Act (formerly called the Tort Claims Act) is the procedural gate every personal injury claim against a public entity must pass through. Miss the gate and the case is gone — no matter how meritorious the underlying claim.

The Act requires a written claim, filed with the correct entity, within six months of the incident. The entity then has 45 days to respond. If rejected, the plaintiff has six months from the rejection to file suit. If ignored, the claim is deemed rejected after 45 days and the plaintiff has two years from accrual.

Who the Act Applies To

The Government Claims Act applies to any action for damages against a California public entity or its employees acting within the scope of their employment. Public entities include:

• The State of California and all state agencies (DMV, CHP, Caltrans)
• Counties and county agencies (sheriff's department, DCFS, public hospitals)
• Cities and city agencies (police, fire, public works)
• School districts and community college districts
• Transit agencies (Metro, BART, OCTA, LA Metro buses, Muni)
• Water, park, hospital, and port special districts
• Joint powers authorities

When a private contractor is involved on public property (a construction crew on a state highway, for example), the contractor is not covered by the Act — but the public entity supervising the project often is. Name both.

The 6-Month Claim

Government Code § 911.2 requires the written claim to be presented within six months of the cause of action's accrual. Accrual for most tort claims is the date of the injury. For claims with delayed discovery, accrual may be deferred, but relying on deferred accrual is risky.

"Presented" means actually delivered to and received by the entity's designated claim office. Mailing is not enough; delivery must occur within the six months. Certified mail with return receipt is the standard safe practice.

What the Claim Must Contain

Gov Code § 910 lists the required elements. The claim must:

• Name and address of the claimant
• Address where notice can be sent
• Date, place, and circumstances of the occurrence
• Description of the injury, damage, or loss
• Names of public employees causing the injury, if known
• The amount claimed if under $10,000, or a statement that the claim exceeds the limited civil jurisdictional amount

Substantial compliance is enough — a claim with small errors is generally not fatal — but missing any required element creates risk.

Filing with the Right Entity

Each public entity has a specified claim-filing address. Filing with the wrong entity does not toll the deadline. Key examples:

• State of California — Office of Risk and Insurance Management, Department of General Services
• LA County — County Counsel / Claims Board
• City of Los Angeles — Office of the City Clerk
• LA Metro (LACMTA) — Metro Risk Management
• LAUSD — Office of Risk Services
• Cal State / UC campuses — campus Risk Management office

When more than one entity may be involved (for example, an accident on a city street maintained by the county), file with each.

The 45-Day Response

Under Gov Code § 912.4, the entity has 45 days to take action after the claim is presented. Possible outcomes:

• Written rejection. Triggers the 6-month filing window under § 945.6.
• Partial rejection or insufficiency notice. Requires a cure or triggers a distinct response window.
• Silence. After 45 days, the claim is deemed rejected. The SOL reverts to 2 years from accrual.
• Settlement offer. The entity may offer to settle. Evaluate carefully — accepting extinguishes the claim.

Post-Rejection Suit Window

Gov Code § 945.6(a)(1) gives the plaintiff six months from the date a written rejection is deposited in the mail to file suit. This is the shortest SOL in California personal injury practice — shorter than the six-month claim period itself in many practical terms, because it is triggered by the rejection letter and cannot be extended by tolling doctrines easily.

When the entity sends a rejection notice that substantially complies with § 913, the six-month clock starts. When the notice is defective, the two-year default SOL applies. Courts split this hair frequently.

Late-Claim Petitions

A plaintiff who misses the six-month deadline can file a late-claim petition under Gov Code § 911.4. The petition must be filed within one year of accrual and must show one of:

• Mistake, inadvertence, surprise, or excusable neglect (and no prejudice to the entity)
• The claimant was a minor during the entire six-month period
• The claimant was physically or mentally incapacitated during the entire six-month period
• The claimant died before expiration

If the entity denies the petition, the plaintiff can seek judicial relief under § 946.6. Courts grant relief sparingly. The best practice is to never need a late-claim petition.

Dangerous-Condition Claims

Dangerous-condition-of-public-property claims have their own substantive statute. Under Gov Code § 835, a public entity is liable only when:

1. The property was in a dangerous condition at the time of injury
2. The condition was a proximate cause of the injury
3. The risk caused was a reasonably foreseeable kind
4. Either (a) a public employee's negligence within the scope of employment created the condition, OR (b) the entity had actual or constructive notice with sufficient time to take remedial action

These claims include sidewalk defects, pothole cases, inadequate signage, traffic-light malfunctions, dangerous intersections, public-building hazards, and dangerous playground conditions. Add a dangerous-condition claim to every Government Claim where public property contributed to the injury.

Common Pitfalls

• Missing that the defendant-of-record is a public agency (police K-9, city bus, state highway)
• Filing the claim with the wrong entity or branch
• Mailing rather than delivering the claim (especially near the deadline)
• Calendaring the two-year SOL without calendaring the 45-day / 6-month windows
• Treating a "partial rejection" or "notice of insufficiency" as a final rejection
• Relying on equitable tolling that does not apply to Government Claims Act deadlines
• Failing to amend promptly when new facts emerge post-filing

Cross-References

• Statute of Limitations — master deadline reference
• Premises Liability — dangerous-condition overlaps
• Slip and Fall — falls on public property
• Motor Vehicle Accidents — public-vehicle cases
• Comparative Fault — applies to public defendants
• Economic Damages — recoverable against public entities

Common Questions

Sources & Legal Citations

1. California Government Code § 911.2. 6-month pre-suit claim deadline for personal injury and death.
2. California Government Code § 912.4. 45-day response rule; deemed rejection after 45 days.
3. California Government Code § 945.6. 6-month filing window after written rejection.
4. California Government Code § 911.4. Late-claim petition procedure.
5. California Government Code § 835. Liability for dangerous condition of public property.
6. California Government Code § 946.6. Judicial relief from failure to file timely claim.