Legal Question in Civil Litigation in California
claim for damges against government agencies
According to 45CFR35.6 (b) a claimant may ask the Board for reconsideratin of a claim for damages within the statute of limitations. This is for federal claims? I can't find a similar provision for doing this in California's law can it be done? Also, I have a jurisdictional question. The cause of action for the claim I would like to ask for reconsideration is fraud (and/or negligence)I have been told the suit has to be filed in California. I wouldn't say that the attorneys who say so are wrong because they are the experts but I'd still like to ask again. Why wouldn't another state have federal question jurisdiction under title 28 sections 1330 [which seems to me (though I could be wrong) eliminates the need for a federal cause of action] (and I'm not sure factual fraud isn't a federal cause of action under common law) and 1332 (f) (1) in an interstate child support dispute? and if not,would the California court allow telephonic hearings for every hearing due to the fact that it is unreasonable to ask the plaintiff to come to California?
2 Answers from Attorneys
Re: claim for damges against government agencies
Your question is vague as to the nature of the claim.
If against a California government agency or entity, you should look at California Government Code �� 910 and 911. Section 911 states:
"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) of this chapter 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) of this chapter not later than one year after the accrual of the cause of action."
Good luck to you.
Re: claim for damges against government agencies
Your questions are complex and would require a close analysis of the facts (which is more than I can give for free at the moment).
Let me just say that Federal Question Jx is Federal Jurisdiction. So, "another state" can't have FedQ Jx.
Let me also tell you that, if you want to sue a state (or some subdivision of the state) you first have to file a rather informal claim against them. Whether its Cal-Trans, a County, a City, or whatever, the governmental body you're after will provide you with a claim form. You'll have to bang the phones for a little while to get in touch with the person who can get you the form, but it shouldn't be too tough.
From there, if your claim is denied, you can sue.
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