Legal Question in Civil Litigation in California
How to initiate a civil action against a county agency
How can I file a claim against the Sherriffs Dept., since it must be done before civil action?
L.A.S.O. Norwalk
Background
when the Judge dismissed the case he said he was personally going to file a
formal complaint against the officers involved. He told the prosecuting
attorney he needed to go back to school. The Pitchess motion revealed many
items of interest all within a very short time. The two officers lied on the
police report, lied to the judge, examined the defense attorneys files in
court which led to a change of venue. It seemed to me that most coutroom
personnell knew these cops were bad
and some even said it. I still have the results of the pritchess motion and
all paperwork. The cops are still working undercover.
2 Answers from Attorneys
Re: How to initiate a civil action against a county agency
What you need to do is file a government claim with the county. This needs to include the amount of damages as well as documentation to back them up. After you file this, the county will then deny the claim and send you a letter of denial. You have six months from the date of this denial to file a lawsuit in state court. Depending on the damages you would file in either Municipal Court or Superior Court. If you are in need of assistance in filing the claim please feel free to give me a call at 888-563-8529. The call and consultation are free. I look forward to speaking with you.
John Hayes,Esq.
Re: How to initiate a civil action against a county agency
You can file the required government claim letter one of two ways. You can either follow the requirements set forth in Government Code section 910, et seq.,(by including the necessary information in a letter) or you can obtain a form, available from the county clerk, and fill it out. You can call the county clerk's office and they will give you a specific address to send your claim in (it will also be listed on the form). Once the County rejects the claim, you can file your civil lawsuit.
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