Legal Question in Civil Litigation in California

Re: Sue City for Damages?

There is a specific type of lawsuit in Calif. called "dangerous condition of public property." Short time limits and other requirements apply. Try googling for "big apple pothole" for another example.

Re: Sue City for Damages?

This type of lawsuit is becoming more and more common. This issue has gotten a lot of publicity in San Diego because the city's financial problems have force cutbacks in maintenance. San Diego gets a lot of small claims lawsuits related to pothole damage. You pretty much have to show that the municipal entity knew or should have known about the dangerous condition that causes the property damage.

You need to file a written claim with the governmental entity within 6 months. Gov't Code section 911.2. After you file a claim, the board must respond (allow or reject the claim in whole or in part) within 45 days. If the board does not respond, the claim is treated as rejected on the 45th day. Gov't Code sections 912.6(a), 912.4(c).

The board must notify you of its action on the claim (or its rejection through failure to act). If the board rejects the claim in whole or in part, you have six months from the date the notification is mailed to file a lawsuit against the governmental entity. Gov't Code sections 913, 945.6(a)(1).

If the board fails to notify you of its action (or inaction), such failure is treated as a rejection of the claim (as discussed above) and you have two years from the date of the injury to file suit. Gov't Code section 945.6(a)(2).