Legal Question in Civil Litigation in California
City Administrative Claim & Civil Superior Court, SF Bay Area, California
I filed an Administrative Claim late last year with my City to save both the Federal Violation of Civil Rights Statutes as well as the County Superior Court Civil statutes of limitations. I did this just under the six month deadline for this Claim filing. The City Attorneys Office is still making a determination on the merits of my case and it has gone long beyond the 45 day reply mandate due to medical delays in "their" office. All of my medical records have been subpoenaed by them now and my questions are thus: I am now less than two months away from the "one year" statute of limitations for civil redress in the matter of my injuries. If my claim is now denied in the next few weeks, and formally so, I need to know how much *time* I have to file a Superior Court Civil suit in this matter as per the late or extended actions of the City Attorneys office in this matter. Will this be six months here in California "after" their denial or will it be six weeks or six days as per the one year Civil statute. Any informed and experienced thoughts and fact on this as well as on the the Federal redress statutes in this matter. You can reply privately if so desired. My deepest appreciation for your help in this matter.
2 Answers from Attorneys
My best guess is that you have six months plus 45 days from the date you mailed the claim within which to have your attorney file a lawsuit in superior court if you choose to do so.
I can tell you the state law.
A claim against a public entity for personal injury or death or damage to personal property must be presented to the governmental entity within 6 months of accrual of the cause of action. All other claims must be filed within 1 year. (Gov't Code, sect. 911.2.)
The time limit runs from the date that the claimant's right to sue occurs. This is the date that the statute of limitations would run if there was no claim filing requirement. (Gov't Code, sect. 901.)
The governmental entity has only 45 days within which to accept or reject the claim, unless it is extended by stipulation with the claimant. (You.) If the governmental entity fails to act within the 45-day period, the claim is deemed rejected by operation of law. (Gov't Code, sect. 912.4.)
If proper notice of rejection is given, suit must be commenced within six (6) months after delivery or mailing of the notice of rejection. (Gov't Code, sect. 945.6 subd. (a)(1).)
If improper notice, or no notice of the rejection was given, suit must be commenced within two (2) years from the date the cause of action accrued to file a lawsuit. (Gov't Code, sect. 945.6 subd. (a)(2).)
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
