Government Claims Act

In most cases you are required to take certain steps before filing a lawsuit against a government entity. The Government Claims Act (Government Code sections 810-996.6) outlines what to do before you can bring action against a government entity in a court of law.

The claims procedure is complex. You have a right to seek advice and guidance from an attorney of your choosing. No employee of the Town can provide legal guidance to a member of the public.

Time Limit to Submit Claims:

Submit claim within six (6) months of incident for:

Personal injury
Personal property damage
Wrongful death

Submit claim within one (1) year of incident for:

Breach of contract
Damage to real property (real estate)
Equitable estoppel (party cannot go back on their word)

See Government Code sections 915-915.4 for requirements on presenting the claim and giving notice.

Claim Requirements for a Complete Submittal:

Government Code section 910 sets forth the essential contents of a claim. They include:

The names and addresses of the claimant (you) and where notices are to be sent;
A statement of the "date, place, and other circumstances of the occurrence or transaction";
A description of the indebtedness, obligation, injury, damage, or loss incurred, as far as they are known when the claim is presented;
The name of the public employee who caused the injury, if known.; and
The amount claimed if under $10,000, and if over $10,000 whether it would be a limited civil case, together with the basis of computation of the amount claimed.

Procedural Steps:

Typical Steps for a six (6) month claim:

You present the claim.
The public entity may issue a “Notice of Insufficiency” within 20 days of receipt of the claim to notify you of any missing or additional information or documentation required to amend your claim.
The public entity will accept or reject your timely claim or return of your late claim.
(If applicable) You may ask for late claim relief if your claim is not submitted withing the six (6) month window.
If the Town rejects your claim, you can then file a lawsuit within the timeframe noted on the “Notice of Rejection”. You should refer questions related to the legal process to an attorney of your choosing. No employee of the Town can provide guidance on the legal process or provide legal advice.

The procedural steps for one (1) year claims are the same, except that late claim relief is unavailable.

Action by Entity:

Once you submit a claim, the government entity has 45 days to respond. (Government Code section 912.4(a).) If they do not take action within 45 days, the law considers the claim rejected. A “Notice of Insufficiency” will be sent to the Claimant within 20 days of receipt of the Claim. The government entity cannot take action on the claim for the 15 days after the “Notice of Insufficiency” to allow the claimant time to correct any insufficiencies or submit an amended claim. (Government Code section 910.8). If insufficiencies are not corrected or an amended claim is not submitted, then a “Notice of Rejection” will be sent to the Claimant at 45 days after the claim was received by the government entity. (Government Code section 910.2). A claimant may still submit an amended claim after the government entity has taken action so long as it is submitted before the end of the 6-month statue on the “Notice of Rejection”. In this case, the government entity has 45 days from the date the amended claim was received to respond.

The entity must give written notice of its action or inaction on a claim. The notice will state that (with some exceptions) you only have six (6) months from the date of hand delivery (or date it was put in the mail) to file a lawsuit with the court. (Government Code section 913).

If the entity does not comply with Government Code section 913, you have two (2) years from the inciting incident, instead of the six (6) months from when notice was given.

Liability of Employees:

A government entity may be held responsible for the negligent acts of its employees, as long as that person was acting in the scope of their employment. The claim is to be filed against the entity that employs the negligent person, not the employee individually. This rule also applies to independent contractors who are performing work for a governmental entity.

Excluded Claims:

Some claims are exempt from the requirements of the Government Claims Act. Here are a few examples:

Claims based on a violation of the California Whistleblower Protection Act.
Inverse condemnation claims.
Claims under the Revenue and Taxation Code.

This list is not exhaustive. Check the Government Claims Act or consult with an attorney for all exceptions.