Welcome to this guide on suing state and local government agencies and employees in California.
Suing government agencies is a complex topic and involves different procedures than those for other civil lawsuits involving private parties. There are claim requirements that must be met before a complaint can be filed, short deadlines for filing claims and lawsuits, and immunities from liability that can result in dismissal of your case if not handled correctly. You are highly encouraged to seek legal advice from an attorney specializing in government lawsuits before proceeding. Please note that this guide is intended to be informational only, is not a comprehensive treatment of this topic, and does not constitute legal advice.
Lawsuits against Federal agencies are under different rules and are beyond the scope of this guide. Please see the box below on this page for suggested resources on Suing Federal Agencies and Employees.
Additionally, this guide applies only to suits for money damages (such as personal injury or property damage) and is not applicable to lawsuits seeking to overturn a government agency decision, such as denial of a license or a permit, denial of benefits, or termination of an employee. For those type of lawsuits please consult our guide on Administrative Mandate Writ.
This guide is divided into the following sections:
1. Claims. Information about the requirement to file an administrative claim before filing a lawsuit, including the types of cases requiring a claim, what must be included in the claim, deadlines for filing a claim, and links to claim forms for specific agencies in San Diego County and California.
2. Filing a Complaint Tips for drafting a complaint that meets the legal requirements for suing a government agency and where to find complaint templates for different types of cases at the San Diego Law Library.
3. Obtaining Evidence. Using the discovery process and the California Public Records Act to gather information to prove your case.
4. Resources. Resources available online and at the San Diego Law Library for doing additional research.
The San Diego Law Library is San Diego's access point to legal information, resources, and referrals to help you. Click here for hours and partner locations or contact us at refdesk@sdlawlibrary.org or 619-531-3900.
The procedures for suing U.S. federal agencies are different from the procedures that apply to suing state and local agencies and are beyond the scope of this guide. Below are some recommended resources related to suing federal agencies. This subject is complex and you are highly encouraged to seek legal advice from an attorney specializing in government agency lawsuits.
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