For the purpose of computing the time limits prescribed by Sections 911.2, 911.4, 945.6, and 946.6, the date of the accrual of a cause of action to which a claim relates is the date upon which the cause of action would be deemed to have accrued within the meaning of the statute of limitations which would be applicable thereto if there were no requirement that a claim be presented to and be acted upon by the public entity before an action could be commenced thereon. However, the date upon which a cause of action for equitable indemnity or partial equitable indemnity accrues shall be the date upon which a defendant is served with the complaint giving rise to the defendant’s claim for equitable indemnity or partial equitable indemnity against the public
entity.
Notes of Decisions
Cited in
57
cases (
7 in the last 5 years), 1966–2024 · leading case:
Rubenstein v. Doe No. 1, 400 P.3d 372 (Cal. 2017).
Rubenstein v. Doe No. 1, 400 P.3d 372 (Cal. 2017).
· cites it 6× “(a) ), but only if the application is presented "within a reasonable time not to exceed one year after the accrual of the cause of action." ( Gov. Code, § 911.4, subd. (b).”
Pool v. City of Oakland, 728 P.2d 1163 (Cal. 1986).
· cites it 2× “5, subdivision (e) provided in relevant part: "(e)(1) A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to…”
John R. v. Oakland Unified Sch. Dist., 769 P.2d 948 (Cal. 1989).
· cites it 2× “(Gov. Code, § 901.) For minors, however, the time of accrual is generally more significant in the context of the claims statute.”
Kyles v. Baker, 72 F. Supp. 3d 1021 (N.D. Cal. 2014).
· cites it 3× “” Cal. Gov. Code § 901 . In California, tort claims generally accrue on the date the tortious conduct occurs.”
CURTIS T. v. Cnty. of Los Angeles, 123 Cal. App. 4th 1405 (Cal. Ct. App. 2004).
· cites it 2× “” (Gov. Code, § 901.) The California Supreme Court explained accrual under the Act as follows: “A cause of action accrues for purposes of the filing requirements of the Tort *1416 Claims Act on the same date a similar action against a nonpublic entity would be deemed to accrue…”
Clarke v. Upton, 703 F. Supp. 2d 1037 (E.D. Cal. 2010).
“Plaintiff cites California Government Code § 901: For the purposes of computing the time limits prescribed by Sections 911.”
Util. Audit Co. v. City of Los Angeles, 112 Cal. App. 4th 950 (Cal. Ct. App. 2003).
“) As to those claimants who received transport of sewage, Government Code section 901 provides that “the date of the accrual of a cause of action to which a claim relates is the date upon which the cause of action would be deemed to have accrued within the meaning of the statute…”
Loehr v. Ventura Cnty. Cmty. Coll. Dist., 147 Cal. App. 3d 1071 (Cal. Ct. App. 1983).
“If the claim is for injury “to person or to personal property or growing crops,” the claim must be presented within 100 days after the accrual of the cause of action; if the claim is for injury of any other sort it must be presented within one year after the accrual of the cause…”
Gregory Vill. Partners, L.P. v. Chevron U.S.A., Inc., 805 F. Supp. 2d 888 (N.D. Cal. 2011).
“Equitable indemnity claim CCCSD argues that the claim for equitable indemnity should be dismissed as to the District, as premature under California Government Code § 901, because Gregory Village has not been served with a com *901 plaint giving rise to such a claim.”
Heron v. Strader, 761 A.2d 56 (Md. 2000).
“While the public entity tort claim statutes of many other states specify that notice must be given within a designated period of time after the claimant's cause of action has "arisen" or "accrued," these precedents are nonetheless instructive as we interpret "injury" for the…”
Katz v. Los Gatos-Saratoga Jt. Union High Sch. Dist., 117 Cal. App. 4th 47 (Cal. Ct. App. 2004).
“As to that cause of action, we determined that Katz had failed to present the District with an adequate claim for damages before filing suit, as required by the Government Tort Claims Act (Gov. Code, § 901 et seq.). (Katz v. Los Gatos-Saratoga Union High School District, supra,…”
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