Legal Question in Civil Litigation in California
Is there a statute of limitations on a civil suit being filed aginst the county
2 Answers from Attorneys
Yes and a statutory claim statute which requires a claim to be filed within 6 months. For assistance in filing your claim, contact me directly.
There are several steps involving in filing a lawsuit against the government. First, depending upon the type of claim you have against the government, you may be required to submit a claim to the entity within 6 months or 1 year (depending upon the type of claim) from the date the claim arose. If the eitity does not act upon the claim within 45 days the claim is deemed rejected. If the claim is rejected in writing you then have 6 months to file your lawsuit; if, however, the claim is not rejected in writing, the filing period is extended to 2 years after the cause of action arose.
The foregoing is a very general description of California law relating to claims against public entities because a complete discussion of that area is beyond the capabilities of this venue. This area of the law can be very complex and is governed entirely by statute. Many of the deadlines and acts one must take to successfully file a suit against a government entity are mandatory and the failure to take actions within specified periods of time will be fatal to the claim. If you believe you have a claim againt any governmental agency, you should immediately seek the services of an attorney in your area who has some experience in handling such claims.