Legal Question in Civil Litigation in California

Re: Filing a claim against a local public entity

You are correct. You have 6 months from the date of the letter to file a lawsuit in either Municipal or Superior Court, depending on your damages. How long has it been since you filed your government complaint? The reason I ask is the other entity who has not answered you either way has an obligation to you to present you with a timely answer so you can move the case along. If you need help filing a Lawsuit in pro per, which means you represent yourself or if you would like to speak with an attorney about your case I would be happy to speak with you. I can be reached at 877-546-9918 or by email at [email protected]. The consultation is free. I look forward to speaking with you.

Sincerely,

John Hayes

Re: Filing a claim against a local public entity

yes.

Re: Filing a claim against a local public entity

If the public entity has sent you a rejection letter, you MUST file a lawsuit within 6 months of the date of the rejection. If you did not file within the six month period, then you may ask the public entity to review the claim and allow it to proceed to court. If they again reject your claim then your only recourse is to file a motion with the Court asking leave to file a late claim. If the Court denies your motion, then you have no action against the public entity. As for the public entity which did not reject your claim, the statute of limitation is two years from the date of the accident.

All of this information is contained in the Government Code, available either on-line through the internet or at the local law library.