Government Code § 911.6 – Board Action on Application for Leave to Present Late Claim

Government Code § 911.6 – Board Action on 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

911.6.  

(a) The board shall grant or deny the application within 45 days after it is presented to the board. The claimant and the board may extend the period within which the board is required to act on the application by written agreement made before the expiration of the period.

(b) The board shall grant the application if one or more of the following is applicable:

(1) The failure to present the claim was through mistake, inadvertence, surprise, or excusable neglect and the public entity was not prejudiced in its defense of the claim by the failure to present the claim within the time specified in Section 911.2.

(2) The person who sustained the alleged injury, damage, or loss was a minor during all of the time specified in Section 911.2 for the presentation of the claim.

(3) The person who sustained the alleged injury, damage, or loss was a minor during any of the time specified in Section 911.2 for the presentation of the claim, provided the application is presented within six months of the person turning 18 years of age or a year after the claim accrues, whichever occurs first.

(4) The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during all of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time.

(5) The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during any of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time, provided the application is presented within six months of the person no longer being physically or mentally incapacitated, or a year after the claim accrues, whichever occurs first.

(6) The person who sustained the alleged injury, damage, or loss died before the expiration of the time specified in Section 911.2 for the presentation of the claim.

(c) If the board fails or refuses to act on an application within the time prescribed by this section, the application shall be deemed to have been denied on the 45th day or, if the period within which the board is required to act is extended by agreement pursuant to this section, the last day of the period specified in the agreement.

(Amended by Stats. 2021, Ch. 218, Sec. 1. (SB 501) Effective January 1, 2022.)

California Law Summary

This statute governs the approval or denial of applications to present late claims against public entities. Specifically:

  • The board must grant or deny the application within 45 days after it is presented.

  • The claimant and the board may extend this period by written agreement made before the expiration of the 45-day period.

  • The board is required to grant the application if one or more of the following conditions are met:

    1. The failure to present the claim was due to mistake, inadvertence, surprise, or excusable neglect, and the public entity was not prejudiced in its defense by the failure to present the claim within the time specified in Section 911.2.

    2. The person who sustained the alleged injury, damage, or loss was a minor during all of the time specified in Section 911.2 for the presentation of the claim.

    3. The person was a minor during any part of the time specified in Section 911.2, provided the application is presented within six months of the person turning 18 years of age or a year after the claim accrues, whichever occurs first.

    4. The person was physically or mentally incapacitated during all of the time specified in Section 911.2 and, due to that disability, failed to present a claim during that time.

    5. The person was physically or mentally incapacitated during any part of the time specified in Section 911.2 and, due to that disability, failed to present a claim during that time, provided the application is presented within six months of the person no longer being incapacitated or a year after the claim accrues, whichever occurs first.

    6. The person died before the expiration of the time specified in Section 911.2 for the presentation of the claim.

  • If the board fails or refuses to act on the application within the prescribed time, the application is deemed to have been denied on the 45th day or, if extended, on the last day of the agreed-upon period.

Purpose

To provide a mechanism for claimants who missed the standard filing deadlines to seek permission to file a late claim, ensuring that valid claims are not barred due to circumstances beyond the claimant’s control. This statute balances the need for timely claim presentation with fairness to claimants who have legitimate reasons for delay.

Application

This provision applies when a claimant seeks to file a claim against a public entity after the standard time limits (typically six months for personal injury or property damage claims). 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 a reasonable time, not exceeding one year after the accrual of the cause of action.

If the application is denied or deemed denied, the claimant may petition the court for relief under Government Code § 946.6.