“The California Tort Claims Act establishes that with certain exceptions, no suit for money or damages may be brought against a governmental entity unless a written claim has been presented to the governmental entity and rejected or deemed rejected by operation of law. Although a few courts have stated the Act applies only to tort claims, the better view seems to be the Act applies to all actions seeking monetary relief, regardless of whether the action is based on tort, contract, or some other theory. Nevertheless, by its express terms the Act applies only to claims seeking monetary damages, not those seeking other types of relief. The purpose of the claims requirement is to: (1) afford the entity an opportunity to promptly remedy the condition giving rise to the injury, thus minimizing the risk of similar harm to others; (2) permit the public entity to investigate while tangible evidence is still available, memories are fresh, and witnesses can be located; and (3) permit early assessment by the public entity, allowing its governing board to settle meritorious disputes without incurring the added cost of litigation, and giving it time to engage in appropriate budgetary planning. The claims requirement applies to virtually every governmental entity in California including the state, counties, cities, public authorities and agencies (including public schools, public hospitals, public transportation, etc).
Failure to allege compliance with the claims statute renders a complaint subject to a general demurrer. A plaintiff may allege compliance with the claims requirements by including a general allegation that he or she timely complied with the claims statute. A defendant’s failure to assert lack of compliance by demurrer or as an affirmative defense is not a waiver of the defense. Failure to comply with the claims requirement is not a jurisdictional defect divesting the court of jurisdiction over claims against the governmental entity. Failure to comply also bars any suit against a governmental employee for causing injury in the scope of his or her employment. Even if a claim was timely, the complaint is vulnerable to a demurrer or motion for judgment on the pleadings if it alleges a factual basis for recovery that is not fairly reflected in the written claim. Nevertheless, a complaint’s fuller exposition of the factual basis beyond that given in the notice of claim is not fatal, so long as the complaint is not based on an “entirely different set of facts.” Certain nontort claims for which adequate claims procedures already exist are exempted from the claims statute requirement (e.g., tax refunds, salary due, retirement benefits, bond payments, unemployment insurance benefits, etc.).
An injured party may not maintain an action against a public entity unless a claim has been presented to the entity. When two or more persons suffer separate and distinct injuries from the same act or omission, each person must submit a claim, as one cannot rely on a claim presented by another. A claim presented to a governmental entity must be in writing, must be signed by claimant or someone on his or her behalf, and must show: Claimant’s name and post office address. The post office address to which claimant desires notices to be sent. The date, place and other circumstances of the occurrence giving rise to the claim. A general description of the injury incurred so far as it is known at the time the claim is presented. The names of the public employees allegedly causing the injury (if known). The amount of damages claimed if it totals less than $10,000, including the estimated amount for any prospective injury insofar as it may be known at the time of the presentation of the claim, together with the basis for computing such damages. If the amount claimed is $10,000 or more, no dollar amount shall be included in the claim, but the claim must indicate whether it would be a limited civil case. The above notwithstanding, the claim may be presented electronically if authorized by ordinance or a resolution of the public entity. Many governmental entities provide forms specifying the information to be provided, and although their use is not mandatory, when a claim is presented on such a form it will be deemed in conformity with the claims presentation requirements. A claim that provides the required information is proper, even if it omits other information requested on the governmental claim form. A governmental entity has a duty to notify a claimant of any defects in the presentation of the claim within 20 days and give the claimant an opportunity to correct the defects. The governmental entity’s failure to do so waives any right it has to reject the claim due to such defects. A governmental claim may be amended any time before expiration of the period for presentation of the claim, so long as the amendment relates to the same transaction or occurrence that gave rise to the original claim. Claims against a local governmental entity must be presented by delivering the claim to the clerk, secretary, or auditor of the governmental entity, or by mailing the claim to the clerk, secretary, auditor, or governing body of the governmental entity at its principal office. Claims against the state must be presented by delivering the claim to the State Board of Control or by mailing the claim to the State Board of Control at its principal office. If the claim is presented by mail, it will be deemed to have been presented and received at the time of its deposit in the United States mail. Presenting a claim to the wrong governmental entity does not constitute substantial compliance with the claims statute, but doing so may be grounds for relief under the late claim provisions when the claimant has otherwise been diligent. However, substantial compliance will not be found when a claim is presented to the wrong “office” of the correct governmental entity (e.g., claim sent to county medical center instead of County Board of Supervisors).
Claims against governmental entities for personal injury or death, personal property damage, or damage to crops, must be presented within 6 months from accrual of the cause of action. Any other claim must be presented within 1 year. Accrual of the cause of action for purposes of the Tort Claims Act runs from the date the statute of limitations would have begun to run if there were no claims requirement, which is normally from the time of injury. However, under the “belated discovery” rule, the cause of action does not accrue until the plaintiff discovers the injury and its cause. Once belated discovery is pled, the issue of whether the plaintiff exercised reasonable diligence in discovering the negligent cause of the injury is a question of fact. A governmental entity has 45 days after a claim has been presented (or 45 days after an amended claim has been presented) to act on the claim. The governmental entity may: Accept and resolve the claim. Give written notice rejecting the claim on its merits. Reject and return the claim as untimely. Give notice of the insufficiency of the claim. Allow 45 days to pass without taking action, in which case the claim is deemed rejected by operation of law. The above notwithstanding, if the claim or application was submitted electronically, a notice of rejection of the claim can be given by sending the notice to the electronic address from which the claim or application was received, unless the person presenting the claim or making the application requests notice to bent to an alternative electronic address.
When a claim is filed late, the governmental entity must give written notice to the claimant within 45 days after the filing that the claim was untimely and is being returned without further action. A governmental entity’s failure to give such notice within 45 days waives the defense the claim is untimely. A claimant who has failed to file a timely claim has up to 1 year after accrual of the cause of action to apply in writing to the governmental entity for permission to file a late claim. The application must state the reason for the delay and be accompanied by a copy of the proposed claim. Because the 1 year deadline within which to present a late claim is jurisdictional, a governmental entity has no authority to grant an application for such relief filed after that time. The 1 year deadline is not tolled because the claimant is a minor, except: (1) when the minor is mentally incapacitated and has no guardian or conservator for purposes of filing civil actions; or (2) the minor is in the custody or control of the public entity against which the claim is to be filed and that entity has failed to report the injury, neglect or abuse giving rise to the claim, as it is required to do by law. An application for permission to file a late claim must be personally delivered, or properly addressed and deposited in the mail, within the 1 year period. An application for permission to file a late claim must be personally delivered, or properly addressed and deposited in the mail, within the 1 year period. A governmental entity must grant a timely request for leave to file a late claim when any of the following grounds is shown: The claim was not presented due to mistake, inadvertence, surprise or excusable neglect, and the governmental entity was not prejudiced in its defense of the claim by the claimant’s failure to present the claim within the specified time. The person who sustained the alleged injury, damage or loss was a minor during all of the time allowed for presentation of the claim. The person who sustained the alleged injury, damage or loss was physically or mentally incapacitated during all of the time allowed for presentation of the claim, and by reason of such disability failed to present a claim during such time. The person who sustained the alleged injury, damage or loss died before the expiration of the time allowed for the presentation of the claim. The mistake, inadvertence, surprise or excusable neglect which justifies relief is the same as that which justifies relief from a default judgment under CCP 473- i.e., that which might have been the act or omission of a reasonably prudent person under the same or similar circumstances. Mere failure to discover the facts within the six-month period is not sufficient.
When an application to a governmental entity for relief to file a late claim is denied, the claimant may petition the court for relief within six months after the application was denied (not from the date notice of the denial is mailed or delivered to the claimant). A plaintiff may not petition the court for relief until after the agency has denied the late claim. When reviewing a petition to be relieved from the claim filing requirements, the court makes an independent determination as to whether the claimant has shown grounds for relief based on the petition, attached declarations, and any other evidence received at the hearing. When making its determination, the court may only consider the reason for delay originally presented to the governmental agency. The court must relieve the petitioner from the claim filing requirements if it finds the application to file a late claim was made within a reasonable time (not to exceed 1 year) after the accrual of the cause of action, and that one or more of the following is applicable: The claim was not presented due to mistake, inadvertence, surprise or excusable neglect, and the governmental entity was not prejudiced in its defense of the claim by the claimant’s failure to present the claim within the specified time. The person who sustained the alleged injury, damage or loss was a minor during all of the time allowed for presentation of the claim. The person who sustained the alleged injury, damage or loss was physically or mentally incapacitated during all of the time allowed for presentation of the claim, and by reason of such disability failed to present a claim during such time. The person who sustained the alleged injury, damage or loss died before the expiration of the time allowed for the presentation of the claim.”
[California Civil Courtroom Handbook & Desktop Reference [certain citations omitted]]
