No person charged by indictment, information, complaint, or other accusatory pleading charging a criminal offense may bring a civil action for money or damages against a peace officer or the public entity employing a peace officer based upon conduct of the peace officer relating to the offense for which the accused is charged, including an act or omission in investigating or reporting the offense or arresting or detaining the accused, while the charges against the accused are pending before a superior court.
Any applicable statute of limitations for filing and prosecuting these actions shall be tolled during the period that the charges are pending before a superior court.
For the purposes of this section, charges pending before a superior court do not include appeals or criminal proceedings diverted pursuant to Chapter 2.5 (commencing with Section 1000), Chapter 2.6 (commencing with Section 1000.6), Chapter 2.7 (commencing with Section 1001), Chapter 2.8 (commencing with Section 1001.20), or Chapter 2.9 (commencing with Section 1001.50) of Title 6 of Part 2 of the Penal Code.
Nothing in this section shall prohibit the filing of a claim with the board of a public entity, and this section shall not extend the time within which a claim is required to be presented pursuant to Section 911.2.
Notes of Decisions
Sheldon Lockett v. Cnty. of Los Angeles, 977 F.3d 737 (9th Cir. 2020).
· cites it 7× “The panel held that although plaintiff’s complaint was filed outside the relevant two-year statute of limitations, California Government Code § 945.3 tolled plaintiff’s claim while his criminal charges were pending.”
Schmidlin v. City of Palo Alto, 69 Cal. Rptr. 3d 365 (Cal. Ct. App. 2008).
· cites it 8× “State Law Tolling Issue Government Code section 945.3 provides for the tolling of the statute of limitations in certain civil actions related to criminal cases.”
James Mills v. City of Covina, 921 F.3d 1161 (9th Cir. 2019).
“The parties agree that California Government Code § 945.3 tolled the statute of limitations during Mills’s criminal proceedings in the Superior Court, but not during his criminal appeal.”
Cross v. City of S.F., 386 F. Supp. 3d 1132 (N.D. Cal. 2019).
· cites it 5× “Statutory Tolling Plaintiffs contend first that there is statutory tolling pursuant to California Government Code § 945.3. That statute, which is part of the California Tort Claims Act ("CTCA"), provides in relevant part as follows: No person charged by indictment, information,…”
Coy v. Cnty. of Los Angeles, 91 Cal. Daily Op. Serv. 8760 (Cal. Ct. App. 1991).
· cites it 3× “3 provides that “[a]ny applicable statute of limitations for filing and prosecuting” a civil action for money or damages against a peace officer or the public entity employing a peace officer based upon conduct of the peace officer relating to the offenses for which the accused…”
Mohlmann v. City of Burbank, 179 Cal. App. 3d 1037 (Cal. Ct. App. 1986).
· cites it 3× “As will be discussed later in this opinion, Government Code section 945.3 postpones the filing of suits against police officers for false arrest until the underlying criminal proceedings are concluded in the trial court.”
Butler v. Los Angeles Cnty., 617 F. Supp. 2d 994 (C.D. Cal. 2008).
“California Government Code § 945.3 states, in relevant part, that Nothing in this section shall prohibit the filing of a claim with the board of a public entity, and this section shall not extend the time within which a claim is required to be presented pursuant to § 911.”
Rivas v. California Franchise Tax Bd., 619 F. Supp. 2d 994 (E.D. Cal. 2008).
· cites it 2× “Cal. Gov.Code § 945.3. The section also tolls the statute of limitations for filing and prosecuting any such civil claim “during *1001 the period that the charges are pending before a superior court.”
Bunnell v. Dep't of Corr., 98 Cal. Daily Op. Serv. 4806 (Cal. Ct. App. 1998).
· cites it 2× “CDC demonstrated that, even with tolling during pendency of the criminal proceedings, plaintiff’s state law claim was filed 29 days after the 1-year limitations period had run.”
McAlpine v. Superior Court, 209 Cal. App. 3d 1 (Cal. Ct. App. 1989).
“Government Code section 945.3 tolls the statute of limitations on government tort actions while related criminal charges are pending against a plaintiff.”
Johnson v. City of Chico, 725 F. Supp. 1097 (E.D. Cal. 1989).
· cites it 2× “The first portion of the statute imposes a mandatory stay on civil actions for damages against law enforcement officers pending final resolution of the related criminal proceedings.”
Guzman v. Van Demark, 651 F. Supp. 1180 (C.D. Cal. 1987).
“…of limitations was tolled with respect to him because his criminal charges were pending until February 28, 1985. Cal. Govt.Code § 945.3.”
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