Code Details

Government Code – GOV
TITLE 1. GENERAL [100 – 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. )
DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810 – 998.3] ( Division 3.6 added by Stats. 1963, Ch. 1681. )
PART 3. CLAIMS AGAINST PUBLIC ENTITIES [900 – 935.9] ( Part 3 added by Stats. 1963, Ch. 1715. )
CHAPTER 2. Presentation and Consideration of Claims [910 – 915.4] ( Chapter 2 added by Stats. 1963, Ch. 1715. )

ARTICLE 1. General [910 – 913.2] ( Article 1 added by Stats. 1963, Ch. 1715. )

Exact Statute Text

(a) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) not later than one year after the accrual of the cause of action.

(b) For purposes of determining whether a claim was commenced within the period provided by law, the date the claim was presented to the Department of General Services is one of the following:

(1) The date the claim is submitted with a twenty-five dollar ($25) filing fee.

(2) If a fee waiver is granted, the date the claim was submitted with the affidavit requesting the fee waiver.

(3) If a fee waiver is denied, the date the claim was submitted with the affidavit requesting the fee waiver, provided the filing fee is paid to the department within 10 calendar days of the mailing of the notice of the denial of the fee waiver.

(Amended by Stats. 2016, Ch. 31, Sec. 38. (SB 836) Effective June 27, 2016.)

Government Code § 911.2 Summary

California Government Code § 911.2 sets strict deadlines for individuals to file a formal claim before they can sue a public entity (such as a state agency, city, county, or school district) in California. This statute establishes two primary deadlines:

1. Six-Month Deadline: For claims involving personal injury, wrongful death, or damage to personal property or growing crops, the claimant must present their claim to the public entity within six months from the date the cause of action “accrues” (meaning when the injury or damage occurred or was discovered).
2. One-Year Deadline: For all other types of claims against a public entity (e.g., breach of contract, property damage not involving personal property or crops), the deadline is one year after the cause of action accrues.

Subsection (b) clarifies how the “presentation date” of a claim submitted to the Department of General Services is determined, particularly concerning the required $25 filing fee and fee waiver requests. A claim is generally considered presented when it’s submitted with the fee, or if a fee waiver is requested, on the date of the request (provided the fee is paid within 10 days if the waiver is denied).

Purpose of Government Code § 911.2

The purpose behind California Government Code § 911.2 is to provide public entities with timely notice of claims against them. This allows government agencies to:

• Promptly Investigate: Investigate the circumstances of an incident while evidence is fresh, witnesses are available, and conditions remain unchanged.
• Facilitate Early Settlement: Consider and potentially resolve claims without the need for litigation, saving taxpayer money and court resources.
• Plan Budgets: Account for potential liabilities and manage public funds more effectively, as they are not indefinitely subject to unknown claims.
• Prepare a Defense: Gather information and formulate a defense strategy if a lawsuit becomes necessary.

This statute serves to protect public funds and ensure an orderly process for handling claims against government bodies, distinguishing them from claims against private parties which often have longer statutes of limitations. It encourages claimants to bring their grievances forward quickly, promoting administrative efficiency and fiscal responsibility for public entities across California.

Real-World Example of Government Code § 911.2

Imagine a scenario where Sarah is driving on a state highway in Los Angeles County. Due to a large, unmarked pothole that the California Department of Transportation (Caltrans, a public entity) failed to repair, she loses control of her car, crashes, and sustains significant injuries and damage to her vehicle.

Under Government Code § 911.2, Sarah has a crucial deadline to meet. Her cause of action “accrued” on the date of the accident. Because her claim involves personal injury and damage to personal property (her car), she must formally present a claim to Caltrans within six months of the accident date. This claim must follow the specific requirements outlined in other Government Code sections (like 910), including details about the incident, her injuries, and the damages sought.

If Sarah waits seven months to try and file her claim, it will almost certainly be rejected as untimely. Even if Caltrans was clearly negligent, her failure to meet the 6-month deadline, as mandated by Government Code § 911.2, would likely bar her from pursuing a lawsuit against the state, effectively preventing her from recovering compensation for her medical bills, lost wages, and vehicle repairs. This strict deadline emphasizes the critical importance of identifying the responsible party as a public entity early in any potential personal injury case.

Related Statutes

• Government Code § 910 (Claim Contents): This statute specifies what information must be included in the written claim presented to a public entity, such as the claimant’s name and address, the date, place, and circumstances of the injury, a general description of the injury or damage, and the amount claimed.
• Government Code § 911.4 (Application for Leave to Present Late Claim): This section provides a narrow exception for claimants who miss the initial 6-month deadline. They may apply to the public entity for leave to present a late claim within a “reasonable time not to exceed one year” after the accrual of the cause of action. However, the reasons for delay are strictly scrutinized (e.g., minority, physical or mental incapacity, mistake, inadvertence, surprise, or excusable neglect).
• Government Code § 915 (Method of Presentation): This statute details how a claim must be presented to the public entity, typically by mailing or personally delivering it to the clerk, secretary, or board of the entity.
• Government Code § 945.4 (Necessity of Claim Presentation): This is a cornerstone statute, stating that “no suit for money or damages may be brought against a public entity” unless a written claim has been presented to the public entity and either rejected by the public entity or deemed rejected by operation of law.
• Government Code § 946.6 (Petition for Relief from Claim Presentation): If a public entity denies an application for leave to present a late claim (under § 911.4), the claimant can petition the court for relief from the claim presentation requirement. This petition must be filed within six months of the denial.

Case Law Interpreting Government Code § 911.2

Case law frequently interprets Government Code § 911.2, particularly concerning the “accrual” of a cause of action and the strict application of the deadlines.

• City of San Jose v. Superior Court (1974) 12 Cal.3d 135: This landmark case is frequently cited for its discussion of when a cause of action accrues for the purpose of government claims. It often applies the “discovery rule,” meaning that the cause of action accrues not when the injury actually occurs, but when the plaintiff discovers (or reasonably should have discovered) the injury and its negligent cause. This is critical in cases where harm is not immediately apparent.

* [Link to City of San Jose v. Superior Court on Google Scholar](https://scholar.google.com/scholar_case?case=8660995053427976150)

• Schmidt v. Southern California Rapid Transit Dist. (1993) 14 Cal.App.4th 23: This case underscores the strictness of the claim filing period, even in situations where the plaintiff alleges mistake or excusable neglect. While there are provisions for late claims, the courts generally uphold the statutory deadlines as essential to the public entity’s ability to investigate and manage claims.

* [Link to Schmidt v. Southern California Rapid Transit Dist. on Google Scholar](https://scholar.google.com/scholar_case?case=9404780521631481172)

• J. J. v. County of Glenn (2020) 56 Cal.App.5th 62: This more recent case further illustrates the complexities of “accrual,” especially in cases of childhood sexual abuse where the discovery of harm can be significantly delayed. The court discussed the application of the discovery rule and how specific statutes (like Code of Civil Procedure § 340.1, regarding delayed discovery in childhood sexual abuse cases) interact with the Government Claims Act deadlines.

* [Link to J. J. v. County of Glenn on Google Scholar](https://scholar.google.com/scholar_case?case=17660233647648356976)

These cases highlight that while the six-month deadline is strict, the precise date of “accrual” can be a point of contention and depends heavily on the specific facts of each case, particularly when the injury or its cause is not immediately known.

Why Government Code § 911.2 Matters in Personal Injury Litigation

Government Code § 911.2 is arguably one of the most critical statutes in California personal injury litigation when a public entity is involved. Its implications for both plaintiffs and defense are profound:

• For Plaintiffs (Injured Individuals):

* Absolute Deadline: Missing the 6-month deadline for personal injury or death claims (or 1-year for other claims) is often fatal to a case. Unlike the general two-year statute of limitations for negligence against private parties, there are very limited exceptions for late filings, and even those have their own strict deadlines (e.g., applying for a late claim within one year).
* Immediate Action Required: This statute compels injured individuals and their legal counsel to promptly investigate whether a public entity (city, county, state, school district, public hospital, etc.) is responsible for their injuries. Identifying this early allows for timely claim preparation and submission.
* Complexity of Accrual: Determining when a cause of action “accrues” can be complex, especially with latent injuries or delayed discovery. A personal injury attorney experienced in California government claims can help navigate this crucial element.

• For Defense (Public Entities):

* Powerful Defense Tool: Public entities frequently rely on a plaintiff’s failure to comply with Government Code § 911.2 as a primary defense. A timely presented claim is a prerequisite to filing a lawsuit.
* Opportunity for Early Resolution: The short claim period allows public entities to conduct immediate investigations, gather evidence, and potentially resolve meritorious claims without incurring extensive litigation costs.
* Fiscal Planning: The deadlines enable public entities to better manage their financial liabilities, as potential claims are brought to their attention within a predictable timeframe.

In essence, Government Code § 911.2 acts as a gatekeeper for lawsuits against public entities. For anyone suffering a personal injury in California where a government agency might be at fault, understanding and strictly adhering to this deadline, or seeking immediate legal counsel to ensure compliance, is paramount to preserving their right to seek justice and compensation. Failure to do so can mean forever losing the opportunity to pursue a claim, regardless of the merits of the underlying injury.