GOVERNMENT CLAIMS IN CALIFORNIA
Before suing a city, county or state governmental agency in California, a claim must first be filed within 6 months of the date of injury.
(Lawsuits against a federal agency under the Federal Tort Claims Act (FTCA - 28 U.S.C. §§ 1346(b), 2671-2680) require the filing of an administrative claim to the appropriate agency within 2 years of the accrual of the cause of action, and filing of a lawsuit within 6 months of the agency's denial of the administrative claim.)
BEWARE: Government Claim laws of California (and of the Federal Government), are highly technical laws, with requirements and exceptions that are not readily evident.
If you have reason to file a lawsuit or claim against a government agency, it is important that you contact an attorney so that you can be advised of your rights and your responsibilities immediately.
California Government Code sections 905 and 911.2 provide:
905
"There shall be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) all claims for money or damages against local public entities except any of the following:
(a)
Claims under the Revenue and Taxation Code or other statute prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification, or adjustment of any tax, assessment, fee, or charge or any portion thereof, or of any penalties, costs, or charges related thereto.
(b)
Claims in connection with which the filing of a notice of lien, statement of claim, or stop notice is required under any law relating to liens of mechanics, laborers, or materialmen.
(c)
Claims by public employees for fees, salaries, wages, mileage, or other expenses and allowances.
(d)
Claims for which the workers' compensation authorized by Division 4 (commencing with Section 3200) of the Labor Code is the exclusive remedy.
(e)
Applications or claims for any form of public assistance under the Welfare and Institutions Code or other provisions of law relating to public assistance programs, and claims for goods, services, provisions, or other assistance rendered for or on behalf of any recipient of any form of public assistance.
(f)
Applications or claims for money or benefits under any public retirement or pension system.
(g)
Claims for principal or interest upon any bonds, notes, warrants, or other evidences of indebtedness.
(h)
Claims that relate to a special assessment constituting a specific lien against the property assessed and that are payable from the proceeds of the assessment, by offset of a claim for damages against it or by delivery of any warrant or bonds representing it.
(i)
Claims by the state or by a state department or agency or by another local public entity or by a judicial branch entity.
(j)
Claims arising under any provision of the Unemployment Insurance Code, including, but not limited to, claims for money or benefits, or for refunds or credits of employer or worker contributions, penalties, or interest, or for refunds to workers of deductions from wages in excess of the amount prescribed.
(k)
Claims for the recovery of penalties or forfeitures made pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code.
(l)
Claims governed by the Pedestrian Mall Law of 1960 (Part 1 (commencing with Section 11000) of Division 13 of the Streets and Highways Code).
(m)
Claims made pursuant to Section 340.1 of the Code of Civil Procedure for the recovery of damages suffered as a result of childhood sexual abuse. This subdivision shall apply only to claims arising out of conduct occurring on or after January 1, 2009.
(n)
Claims made pursuant to Section 701.820 of the Code of Civil Procedure for the recovery of money pursuant to Section 26680."
911.2
"(a)
A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) not later than one year after the accrual of the cause of action.
(b)
For purposes of determining whether a claim was commenced within the period provided by law, the date the claim was presented to the California Victim Compensation and Government Claims Board is one of the following:
(1)
The date the claim is submitted with a twenty-five dollar ($25) filing fee.
(2)
If a fee waiver is granted, the date the claim was submitted with the affidavit requesting the fee waiver.
(3)
If a fee waiver is denied, the date the claim was submitted with the affidavit requesting the fee waiver, provided the filing fee is paid to the board within 10 calendar days of the mailing of the notice of the denial of the fee waiver.
UNIVERSITY OF CALIFORNIA CAMPUSES AND MEDICAL CENTERS
California Government Code section 905.6 exempts The Regents of the University of California
from claim-filing provisions of the Tort Claims Act. That is; when suing the Regents of the University of California, the filing of a government claim within 6 months of the accural of the statute of limitations does not apply. Double-check with the health care facility to assure they are operated by the "Regents of the University of California." Do not rely on headings or letterheads you may see on medical records or correspondence.
University of California campuses and medical
centers are entities of The Regents of the University of California and not independent legal entities.
Service of process on University of California campuses, medical centers, officials, or related campus or medical
center entities is not proper service on The Regents of the University of California. (Code of Civil Procedure §416.50)
The Office of The General Counsel of The Regents, located at 1111 Franklin Street, 8th Floor,
Oakland, California 94607-5200, is authorized to accept of service of process on The Regents of
the University of California.
Different rules for service apply for small claims actions against University of California campuses and medical
centers. For small claims actions, see the Risk Service Office at the relevant campus or medical center. (http://www.ucop.edu/general-counsel/_files/servproc.pdf)
For questions or comments, you are invited to contact the HIDALGO law firm.
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