Government Code § 911.4 – Application for Leave to Present Late Claim
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Government Code § 911.4 – Application for Leave to Present Late Claim
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
911.4.
(a) When a claim that is required by Section 911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a written application may be made to the public entity for leave to present that claim.
(b) The application shall be presented to the public entity as provided in Article 2 (commencing with Section 915) within a reasonable time not to exceed one year after the accrual of the cause of action and shall state the reason for the delay in presenting the claim. The proposed claim shall be attached to the application.
(c) In computing the one-year period under subdivision (b), the following shall apply:
(1) The time during which the person who sustained the alleged injury, damage, or loss as a minor shall be counted, but the time during which he or she is mentally incapacitated and does not have a guardian or conservator of his or her person shall not be counted.
(2) The time shall not be counted during which the person is detained or adjudged to be a dependent child of the juvenile court under the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code), if both of the following conditions exist:
(A) The person is in the custody and control of an agency of the public entity to which a claim is to be presented.
(B) The public entity or its agency having custody and control of the minor is required by statute or other law to make a report of injury, abuse, or neglect to either the juvenile court or the minor’s attorney, and that entity or its agency fails to make this report within the time required by the statute or other enactment, with this time period to commence on the date on which the public entity or its agency becomes aware of the injury, neglect, or abuse. In circumstances where the public entity or its agency makes a late report, the claim period shall be tolled for the period of the delay caused by the failure to make a timely report.
(3) The time shall not be counted during which a minor is adjudged to be a dependent child of the juvenile court under the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code), if the minor is without a guardian ad litem or conservator for purposes of filing civil actions.
(Amended by Stats. 2003, Ch. 847, Sec. 2. Effective January 1, 2004.)
California Law Summary
This statute provides a mechanism for claimants to seek permission to file a late claim against a public entity when the standard six-month deadline under Government Code § 911.2 has been missed. Specifically:
A written application for leave to present a late claim may be submitted to the public entity.
The application must be presented within a reasonable time, not exceeding one year after the accrual of the cause of action.
The application must state the reason for the delay and include the proposed claim.
Certain periods may be excluded from the one-year limit, such as times when the claimant was mentally incapacitated without a guardian or conservator, or when the claimant was a dependent child under specific conditions.
Purpose
To provide a fair opportunity for claimants who, due to circumstances like mistake, inadvertence, or incapacity, failed to meet the standard claim-filing deadline. This statute ensures that valid claims are not barred solely due to procedural timing issues.
Application
This provision applies when a claimant seeks to file a claim against a public entity after the standard six-month period has elapsed. The claimant must:
Submit a written application to the public entity explaining the reason for the delay.
Include the proposed claim with the application.
Ensure the application is presented within one year after the cause of action accrues.
If the application is denied or deemed denied (e.g., if the entity fails to act within 45 days), the claimant may petition the court for relief under Government Code § 946.6.
