The procedures for suing state and local agencies in California can be found in the Government Claims Act, located at Cal. Gov't Code sections 810-998.3 (formerly known as the California Government Tort Claims Act).
General Rule. This law establishes a general rule that a party with a claim for money or damages against a public agency or employee must file a claim directly with that agency prior to filing a lawsuit. A lawsuit can only be filed after the agency has denied or rejected the claim. Gov't Code §905, 905.2, 945.4. The purpose of this rule is to allow government agencies a chance to evaluate claims and pay or settle them prior to being sued.
What Agencies are Covered? The law applies to the State of California, the University of California, California State University, counties, cities, districts (such as water and fire districts) public authorities, public agencies, any other political subdivision of the State, or any employee of these public agencies. Cal. Gov't Code §811.2, 811.4. Judges and court executive officers are considered state officials for purposes of the Act, subject to the same claim requirements, liabilities and immunities as other officials. Cal. Gov't Code §811.9.
Cases Exempt from the Claim Requirement. A few types of cases are exempt from the claim filing requirement, including cases seeking a remedy other than money or damages (such as return of property, or an injunction - Gov't Code §814); federal civil rights lawsuits under 42 U.S.C. §1983 (Williams v. Horvath (1976) 16 Cal. 3d 834); and inverse condemnation (Gov't Code §905.1). If in doubt, it is always best to file a claim.
Claim Requirements. A claim must include all of the following:
(a) Name and post office address of the person filing the claim (claimant).
(b) The post office address where the claimant wants to receive notices.
(c) The date, place or circumstances of the incident giving rise to the claim.
(d) Description of the injury, damage or loss that occurred.
(e) Name or names of the public employee(s) cause the injury, damage or loss, if known.
(f) The dollar amount claimed, if it totals less than $10,000, and the basis for the computation of the amount claimed, or for claims of $10,000 or more, no amount shall be included, the claim must simply indicate whether the case is a limited case (between $10,000 and $25,000) or unlimited civil case (over $25,000).
Many agencies have their own claim form, it is best to use the agency's form whenever one is available. For links to some specific agencies' claim forms, see the boxes below for Local Claim Forms and State Claim Forms.
Time Limits for Filing a Claim. The Government Claims Act provides the following deadlines for filing a claim:
Within 6 months from the time of the incident giving rise to the claim for:
Within 1 year from the time of the incident giving rise to the claim for:
If the deadline has passed to file a claim that was required to be filed within 6 months of the incident, and it is less than one year from the time of the incident, you may request permission to file a late claim. Gov't Code §911.4.
Where to File the Claim. For State Claims, deliver the claim to an office of the Department of General Services, or mail the claim to the Department of General Services at its main office. Gov't Code §915(b).
For local agency claims, deliver or mail the claim to the agency Clerk, Secretary, Auditor, or the Governing Body at its principal office, or deliver the claim electronically if specifically authorized by a statute or resolution. Gov't Code §915(a). You can find this information on the local agency's website.
For a judicial branch entity, deliver or mail the claim to:
What Happens Next? The public entity has 45 days to respond to the claim, and if it does not respond within 45 days the claim is deemed rejected by operation of law. Gov't Code §912.4.
If the claim is insufficient (i.e., does not contain all of the information required by Gov't Code §910) the agency must return it to the claimant within 20 days with an explanation of how it is insufficient. Gov't Code §910.8. A claimant can amend a claim any time before the deadline for presenting the claim (see Time Limits for Filing a Claim above). Gov't Code §910.6.
If the claim is denied, with notice of the denial from the agency, the claimant must file a complaint (lawsuit) within 6 months of the date of the denial/rejection of the complaint. If the agency does not respond within 45 days, the claimant has 2 years to file a complaint from the date of the incident giving rise to the claim. Gov't Code §945.6.
Many public agencies provide a claim form on the agency's website. Some can be submitted online - look at the instructions on the form to determine how it must be submitted. If an agency has a claim form, it is best to use the agency's form to provide all required information. Here are links to some claim forms available for San Diego County public agencies. If you cannot find a claim form for a particular agency, you can send a letter to the agency using the template in the Sample Claim Letter box on this page.
City of Carlsbad - no form*
City of Encinitas - form not online, printed forms are available at City Hall at Administrative Services Department or City Clerk's Department.
City of Imperial Beach - no form*
City of Oceanside - no form*
City of Santee - no form*
City of Vista - no form*
San Diego Metropolitan Transit System - no form
North County Transit District - no form
Port of San Diego - no form
San Diego Unified School District
For agencies not listed, look on the agency's website to determine if the agency has a claim form.
*If you cannot find a claim form on the agency's website, use the Sample Claim Letter in the box to the right on this page.
State of California (use this for claims against the State of California or any State agency). There is a $25 filing fee unless a fee waiver request is filed along with the claim.
University of California. Gov't Code §905.6 exempts the University of California from the claim filing requirements of the Government Claims Act.
