Legal Question in Civil Litigation in California

You need to speak to an attorney that handles these kinds of cases. There is a prelawsuit claims filing requirement. The time limit for filing a claim is short. 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. (Gov�t Code, � 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 were no claim filing requirement. (Gov�t Code, � 901.)

Additionally, you cannot file a civil action until the underlying criminal case is resolved.

�No person charged by indictment, information, complaint, or other accusatory pleading charging a criminal offense may bring a civil action for money or damages against a peace officer or the public entity employing a peace officer based upon conduct of the peace officer relating to the offense for which the accused is charged, including an act or omission in investigating or reporting the offense or arresting or detaining the accused, while the charges against the accused are pending before a superior court.�

�Any applicable statute of limitations for filing and prosecuting these actions shall be tolled during the period that the charges are pending before a superior court. �

Nothing in this section shall prohibit the filing of a claim with the board of a public entity, and this section shall not extend the time within which a claim is required to be presented pursuant to Section 911.2.�

(Government Code � 945.3.)

(McMartin v. County of Los Angeles (2nd Dist. 1988) 202 Cal.App.3d 848.)