Legal Question in Civil Litigation in California

Your attorney would need to present a claim to the governmental entity within 6 months, or file a petition with the court to present a late claim within 1 year. Only after a claim is presented, and denied or rejected, can a lawsuit be filed. There are other special legal requirements for suing governmental entities..

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.) All other claims must be filed within 1 year. (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 was no claim filing requirement. (Gov�t Code, � 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. If the governmental entity fails to act within the 45-day period, the claim is deemed rejected by operation of law. (Gov�t Code, � 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, � 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, � 945.6 subd. (a)(2).)

The claimant�s minority is not ground for tolling a lawsuit against a public entity on causes of action for which a claim must be presented under the Government Code. The statute of limitations continues to run notwithstanding the claimant�s minority. (Code of Civ. Proc., � 352 subd. (b).)(John R. v. Oakland Unified School District (1989) 48 Cal.3d 438, 444 fn 3.)