Legal Question in Real Estate Law in California
Real Property Claims Procedures
A claim for damages caused by the
collapse of a city street was submitted
to the city attorney by our attorney six
months ago. To date no claim number
has been assigned. Should we be
concerned by this inaction?
3 Answers from Attorneys
Re: Real Property Claims Procedures
I have sued california government entities including cities repeatedly, and for similar issues such as injury on a city street caused by dangerous condition.
You need to make sure you act within the specific timelines of the government tort claims act, and you may only have 6 months from the time you made your claim to file a lawsuit. You may have other time-strict requirements not discussed here!
It may be longer, but maybe not, and that is why you need an attorney to immediately take action. Some time limits can run even if you are within your time to file under the tort claims act. If your attorney makes a mistake in procedures, they can blow the case, so make sure you have the right attorney.
Let me know if you want my help.
Best,
Daniel Bakondi, Esq.
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Re: Real Property Claims Procedures
Your attorney should verify that the city received it. If it did not, your attorney should make sure that it does. If it did receive it and did not respond, then your attorney should take further steps to protect your rights, such as litigation.
Re: Real Property Claims Procedures
Under the Government Tort Claim Act, as a general rule, a governmental agency has 45 days after a claim is presented within which to act on the claim. If the agency does not act within that time, the claim is deemed denied. California Government Code section 912.4. If the claim is denied you must then bring an action against the entity within 6 months if the entity gives written notice (Government Code section 945.6(a)(1); 2 years from accrual of the cause of action if no notice of rejection is given (Government Code section 945.6(a)(2); or 30 days after the date a court grants a petition for relief fro the claim filing requirement (Government Code section 946.6(f).