Government Code § 911.2 – Time for Presentation of Claims
Free Consultation Request
Government Code § 911.2 – Time for Presentation of Claims
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. )
California Law
911.2.
(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.)
California Law Summary
This statute establishes the mandatory deadlines for presenting claims against public entities. Specifically:
Claims relating to personal injury, death, or damage to personal property must be filed within six months after the cause of action accrues.
Claims for all other causes of action must be filed within one year from the date the cause of action accrues.
For claims submitted to the Department of General Services, the date of presentation is:
The date of submission with the required $25 filing fee,
The date of submission with an application for a fee waiver, if granted, or
If denied, the date of submission provided the fee is paid within 10 calendar days of notice of denial.
Purpose
To give public entities prompt notice of potential liability, allowing time for investigation and potential resolution before litigation. It protects public resources by requiring early and clear communication of claims, thus supporting effective risk management and settlement decisions.
Application
This rule applies to all claims for money or damages against California public entities. Claimants must:
Identify the applicable deadline (six months or one year),
Submit a complete and timely claim to the correct agency,
Include the appropriate filing fee or request a fee waiver.
Failure to comply with these deadlines generally bars the claim, although exceptions may apply under statutes like § 911.4 (late claims).
