If a California city, county, state agency, or other public entity causes a loss, the deadline to take action may arrive long before the ordinary lawsuit deadline. Many claims require a written administrative claim within six months. California businesses and individuals can lose the ability to pursue damages by skipping that step. This article explains the government claims act deadline, where to present a claim, and what happens after rejection or a missed deadline.
Why a government claim comes before a lawsuit
California’s Government Claims Act generally requires a claimant seeking money or damages from a public entity to present a written claim before filing suit. Government Code § 945.4 generally bars a lawsuit on a claim subject to this requirement until the entity has rejected the claim or it has been deemed rejected.
The administrative claim is not a court complaint. It gives the public entity an opportunity to investigate and potentially resolve the dispute before litigation. An incident report, customer-service complaint, or demand sent to the wrong office may not satisfy the statutory requirements.
Exceptions exist. Government Code § 905 excludes certain categories from the local public entity claim requirement, and state claims have separate provisions. Some federal claims are not subject to California’s claim-presentation rules. Do not assume every dispute with a government agency follows the same process.
For California businesses, reviewing claim requirements early is an important part of evaluating business litigation against a public entity.
The government claims act deadline: six months or one year?
Under Government Code § 911.2, a claim relating to death, injury to a person, or injury to personal property or growing crops generally must be presented within six months after the cause of action accrues. Other claims subject to that section generally have a one-year presentation deadline.
- Six-month examples: A personal injury caused by an allegedly dangerous public sidewalk, or damage to business equipment caused by a public entity’s alleged negligence.
- Potential one-year claims: Certain contract and other causes of action that do not relate to death, personal injury, injury to personal property, or injury to growing crops. A real-property-damage claim requires separate analysis based on its underlying legal theory.
- Classification matters: Calling a loss “economic damages” does not automatically make the one-year deadline apply. The underlying cause of action controls.
Accrual is also important. Government Code § 901 generally ties accrual to when the cause of action would accrue under the applicable statute of limitations without the claim-presentation requirement. Discovery rules may affect that date, but they are fact-specific.
Record the earliest plausible accrual date immediately. Do not assume negotiations, an insurance investigation, or an agency’s informal response extends the deadline.
What to include and where to present the claim
Government Code § 910 identifies required claim information. Although an agency’s form can help organize the submission, completing a form does not resolve questions about the correct entity, deadline, or delivery method.
A claim generally should identify:
- The claimant’s name and mailing address, plus the address for notices.
- The date, place, and circumstances of the event giving rise to the claim.
- A general description of the injury, damage, or loss, as known when presented.
- The responsible public employees’ names, if known.
- The amount claimed and its calculation if under $10,000; if over $10,000, no dollar amount is stated, but the claim must indicate whether the case would be a limited civil case.
Presentation must comply with Government Code § 915 and any applicable special provisions. For a local public entity, the statute identifies authorized recipients, including the clerk, secretary, or auditor, or the governing body. Claims against the state generally must be delivered to an office of, or mailed to, the Department of General Services, subject to statutory exceptions. State claims presented to that department generally must also be accompanied by the $25 filing fee or a qualifying fee-waiver request under Government Code § 905.2.
Confirm the responsible entity rather than relying on the location of the incident. A city, county, transit district, and state agency are distinct entities. Keep a complete copy and evidence of timely presentation.
Rejection starts a separate lawsuit clock
Presenting a timely claim is only the first deadline. Under Government Code § 912.4, the public entity’s board generally has 45 days after presentation to act on a claim, or 45 days after presentation of an amended claim to act on the amended claim. The period may be extended by written agreement. An extension agreed to after the applicable period expires is permitted only if a lawsuit has not already been filed and is not already barred by the applicable limitations period. If the board does not act within the applicable period, the claim is deemed rejected.
Government Code § 945.6 generally requires suit within six months after a compliant written rejection notice is personally delivered or deposited in the mail. The notice must comply with Government Code § 913 and the delivery requirements of § 915.4. The clock can therefore begin before you actually read a mailed rejection.
If written notice complying with Government Code §§ 913 and 915.4 is not given, § 945.6 generally requires suit within two years after accrual, subject to statutory exceptions and tolling provisions. If the parties extend the period for the board to act under § 912.4, the extension period is excluded from that two-year limitations period as provided by § 945.6. These rules do not excuse failure to present a required claim on time. Special statutes and exceptions may change the analysis, so calendar both the presentation deadline and the lawsuit deadline.
What if you missed the six-month deadline?
Government Code § 911.4 allows a written application for leave to present a late claim when the missed presentation deadline was six months. Generally, the application must be presented within a reasonable time, not exceeding one year after accrual, subject to statutory rules affecting that calculation. It must state the reason for the delay and have the proposed claim attached.
Relief is not automatic. Under Government Code § 911.6, the board must grant the application if a listed statutory ground applies and the statute’s other requirements are satisfied. One ground is mistake, inadvertence, surprise, or excusable neglect, unless the public entity establishes that granting relief would prejudice its defense of the claim. If the application is denied or deemed denied, Government Code § 946.6 provides a court-petition process, generally within six months of that denial.
Act promptly and preserve records explaining the delay. Even a timely claim does not establish liability: public entity immunities, the legal basis for recovery, and proof of damages remain separate issues.
Talk to a California business attorney
Itkin Law offers a free consultation to discuss government claim requirements affecting your business or individual dispute. Schedule a free consultation or call (424) 603-8888.
This article is attorney advertising and provides general information only. It is not legal advice and does not create an attorney–client relationship. The law changes, and this article reflects the law as of its publication date. Every situation is different — contact us to discuss how the law applies to your exact circumstances. See our full disclaimer.
