(a)Except as provided in Sections 946.4 and 946.6 and subject to subdivision (b), any suit brought against a public entity on a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division must be commenced:
(1)If written notice is given in accordance with Section 913, not later than six months after the date such notice is personally delivered or deposited in the mail.
(2)If written notice is not given in accordance with Section 913, within two years from the accrual of the cause of action. If the period within which the public entity is required to act is extended pursuant to subdivision (b) of Section 912.4, the period of such extension is not part of the time limited for the commencement of the action under this paragraph.
(b)When a person is unable to commence a suit on a cause of action described in subdivision (a) within the time prescribed in that subdivision because he has been sentenced to imprisonment in a state prison, the time limit for the commencement of such suit is extended to six months after the date that the civil right to commence such action is restored to such person, except that the time shall not be extended if the public entity establishes that the plaintiff failed to make a reasonable effort to commence the suit, or to obtain a restoration of his civil right to do so, before the expiration of the time prescribed in subdivision (a).
(c)A person sentenced to imprisonment in a state prison may not commence a suit on a cause of action described in subdivision (a) unless he presented a claim in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division.
Notes of Decisions
Roberts v. Cnty. of Los Angeles, 175 Cal. App. 4th 474 (Cal. Ct. App. 2009).
· cites it 6× “INTRODUCTION We are asked here to determine whether plaintiff’s suit alleging the negligence of a public entity health care provider must comply with the statutes of limitations in both the Government Claims Act (Gov. Code, § 945.6), involving actions against public entities,…”
Dominguez v. City of Alhambra, 118 Cal. App. 3d 237 (Cal. Ct. App. 1981).
· cites it 3× “Even assuming that the claim was sufficient, appellant also had to file her complaint in court in a timely manner after rejection of her claim.”
Wright v. State, 122 Cal. App. 4th 659 (Cal. Ct. App. 2004).
· cites it 2× “(Gov.Code, § 945.6, subd. (a)(1).) This six-month time limit might have prompted Wright to file his original complaint on November 7, 2002.”
Moore v. Twomey, 120 Cal. App. 4th 910 (Cal. Ct. App. 2004).
· cites it 3× “) A civil action is “commenced” by filing a complaint with the court.”
Barker v. Garza, 218 Cal. App. 4th 1449 (Cal. Ct. App. 2013).
· cites it 3× “) And third, the legislative history of 9 Government Code section 945.6 did not suggest that the Legislature intended to preclude tolling based on minority for claims against public entities.”
Harris v. Grimes, 104 Cal. App. 4th 180 (Cal. Ct. App. 2002).
· cites it 2× “) While conceding the negligence claim’s temporary pendency in federal court tolled the statute of limitations, respondent asserted the tolling ended when the federal court’s April 1992 pretrial conference order omitted the negligence claim from issues to be litigated at trial.”
Young v. City of Visalia, 687 F. Supp. 2d 1141 (E.D. Cal. 2009).
“The California Government Code requires that a lawsuit be filed either: (1) within six months of a plaintiff receiving a written denial from the municipal entity; or (2) within two of the date the plaintiff's cause of action accrued if no written denial is given.”
Addison v. State of California, 578 P.2d 941 (Cal. 1978).
“Under the circumstances of this case we will conclude that the filing of an action in the United States District Court suspends the running of the six-month limitations period (Gov. Code, § 945.6; all further statutory references are to that code unless otherwise indicated)…”
Mohsin v. California Dep't of Water Resources, 52 F. Supp. 3d 1006 (E.D. Cal. 2014).
· cites it 2× “) Defendants seek to dismiss these causes of action on four grounds: 1) Plaintiff fails to allege compliance with the Government Claims Act in his complaint; 2) all counts against Defendant Waggoner should be dismissed; 3) Plaintiffs claims are time-barred under California…”
Neveu v. City of Fresno, 392 F. Supp. 2d 1159 (E.D. Cal. 2005).
“Cal. Gov.Code § 945.6. Under the California Tort Claims Act, no suit for “money or damages” may be brought against a public entity until a written claim has been presented to the public entity and the claim either has been acted upon or is deemed to have been rejected.”
Quiroz v. Horel, 85 F. Supp. 3d 1115 (N.D. Cal. 2015).
· cites it 2× “Defendants first assert that plaintiff did not comply with the CTCA, Cal. Govt. Code § 945.6 (a), because plaintiff failed to submit his federal civil rights complaint within six months of the denial of the state’s rejection of plaintiffs claim.”
Cal. Government Code § 945.6(a): 3 cases
Young v. City of Visalia, 687 F. Supp. 2d 1141 (E.D. Cal. 2009).
“The California Government Code requires that a lawsuit be filed either: (1) within six months of a plaintiff receiving a written denial from the municipal entity; or (2) within two of the date the plaintiff's cause of action accrued if no written denial is given.”
Cal. Government Code § 945.6(a)(1): 8 cases
Cal. Government Code § 945.6(a)(2): 2 cases
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