Legal Question in Business Law in California

Re: Right to sue Ca. dept social service -child care licensing.

Filing a lawsuit against any public agency in California involves one or more additional steps baove and beyond what's required to sue a non-governmental entity or person.

First, if you have what is called an "administrative remedy" such as a complaint or grievance procedure, or there is an administrative appeal from a decision made against you, you must exhaust all possibilities for justice under those remedies before you can ask a court to step in. This may or may not be applicable to your situation.

In addition, almost any lawsuit for breach of contract or a tort (such as harassment would be) requires prior filing of a notice of claim under the California Tort Claims Act. This is filed with the government agency, not the court. The purpose of the notice is to give the particular bureaucracy a chance to investigate and respond before the suit is filed.

The Tort Claims Act requirements would also apply, in most cases at least, to a suit against a government employee where the complaint regards actions in his or her official capacity.

So, you have a right to pursue a remedy, but there may be prerequisites to filing a suit in court.

Re: Right to sue Ca. dept social service -child care licensing.

The govenment is for most puposes 'immune' from suit. You would have to show outrageously willful conduct outside the scope of their authority to have any chance at all. If you think you can, and if you are serious about pursuing it, feel free to contact me. You will have a series of actions you have to take to protect your rights, including filing a timely claim.