Legal Question in Civil Litigation in California
Do the time limitations for filing a complaint against a public entity in California apply to FEDERAL complaints? Thank you.
2 Answers from Attorneys
It can depend on the nature of the Complaint and the basis upon which you are claiming Federal Jurisdiction. For many claims, the State time limitations do apply. Other claims are based on a particular Federal Statute and will have its' own time limitation. Only a lawyer reviewing the specific facts and claims you are asserting can advise you of how the applicable time limitations apply to your situation.
Your question is unclear as to whether you mean complaints against the state and political subdivisions of the state that are based on federal law and would be brought in federal court, or if you mean claims against the federal government. Federal claims against the state are complex. Mr. Feldman is correct that the state claims statutes would still apply in many situations, but not all. If you are asking about claims against the feds, and Federal agencies, then no, the state claims statutes do not apply even if the claim arises and is made in California.
Related Questions & Answers
-
How do I obtain the public service records on a Sheriffs Deputy... Asked 6/15/11, 5:32 am in United States California General Civil Litigation