(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.
Notes of Decisions
Cited in
333
cases (
109 in the last 5 years), 1964–2026 · leading case:
Shively v. Bozanich, 80 P.3d 676 (Cal. 2003).
Shively v. Bozanich, 80 P.3d 676 (Cal. 2003).
· cites it 5× “(Gov. Code, § 911.2.) Subsequently, these defendants filed a motion for summary judgment on that ground as to plaintiff’s four causes of action against them.”
Baker v. Burbank-Glendale-Pasadena Airport Auth., 705 P.2d 866 (Cal. 1985).
· cites it 6× “The trial court ruled that because this particular nuisance is not subject to judicial abatement [6] it is a permanent nuisance upon which the statute of limitations (Gov. Code, § 911.2, Code Civ. Proc., §§ 338, subd.”
Rubenstein v. Doe No. 1, 400 P.3d 372 (Cal. 2017).
· cites it 3× “" ( Gov. Code, § 911.2, subd. (a).) A plaintiff may apply for leave to present a late claim ( Gov.”
Munoz v. State of California, 95 Cal. Daily Op. Serv. 2818 (Cal. Ct. App. 1995).
· cites it 3× “1 Statement of the Case On December 8, 1993, plaintiff’s counsel prepared a claim for damages to be presented to the State Board of Control (Gov. Code, § 911.2). The claim alleged medical personnel of the California Correctional Institution failed to treat plaintiff’s father for…”
Neveu v. City of Fresno, 392 F. Supp. 2d 1159 (E.D. Cal. 2005).
· cites it 2× “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.”
Ovando v. Cnty. of Los Angeles, 71 Cal. Rptr. 3d 415 (Cal. Ct. App. 2008).
· cites it 2× “) Government Code section 910 describes the information that a claim must contain.”
Britt v. Superior Court, 574 P.2d 766 (Cal. 1978).
· cites it 2× “" It will thus be seen that the public agency faces very serious litigation involving multiple plaintiffs who allege very large losses for numerous and varied injuries.”
Gutierrez v. Mofid, 705 P.2d 886 (Cal. 1985).
· cites it 2× “*901 Plaintiff Ebersol drove a bus for a company which had contracted to provide transportation to a work training program for developmentally disabled youths. After three weeks on this route, she was bitten by one of her regular passengers when she attempted to calm him.”
Nelson v. Cnty. of Los Angeles, 2003 Cal. Daily Op. Serv. 10141 (Cal. Ct. App. 2003).
· cites it 2× “4th 565 , where we held that her government tort claim (Gov. Code, § 911.2) “constituted actual notice to the County of a ‘claim filed’ and of the need to preserve recordings related to that claim as required by section 26202.”
Loehr v. Ventura Cnty. Cmty. Coll. Dist., 147 Cal. App. 3d 1071 (Cal. Ct. App. 1983).
· cites it 2× “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…”
Quiroz v. Horel, 85 F. Supp. 3d 1115 (N.D. Cal. 2015).
· cites it 3× “See Cal. Govt. Code §§ 911.2 , 945.4; Hernandez v.”
— Cal. Government Code § 911.2(a) — 9 cases
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