When is a Government Claim (formerly Tort Claims) required in California?
June 22, 2011 Leave a comment
By Michael Reiter, Attorney at Law
When I became an attorney in December 1998, government claims were referred to as “tort claims”. That all changed with these words by the California Supreme Court in late 2007:
We also adopt the practice of referring to the claims statutes as the “Government Claims Act,” to avoid the confusion engendered by the informal short title “Tort Claims Act.” City of Stockton v. Superior Court (2007) 42 Cal.4th 730, 734.
The reason was the change is that the Act involves things other than torts, including contract actions. When in doubt, file a timely claim with all the required information.
California Government Code section 900 et seq. governs the claim requirements against California public entities (the State of California and local public entities). This is an overview of the requirement for a government claim, and is not an exhaustive look at the process. Seek appropriate legal assistance for your particular circumstance. I will explore some areas in depth at later times.
Certain causes of action do not require a government claim to be presented The following do not require a government claim to be presented to the public entity as a prerequisite to a civil action. False Claims Act (qui tam) do not require a Government Claim. Wells v. One2One Learning Foundation (2006) 39 Cal.4th 1164, 1213 (as modified on denial of rehearing). Federal civil rights actions under the Civil Rights Act do not require a government claim. Williams v. Horvath (1976) 16 Cal.3d 834, 842. Government Code section 905 exempts claims under the Revenue and Taxation Code (subsection a); claims related to a “filing of a lien, statement of claim, or stop notice is required under law relating to liens of mechanics, laborers , or charges related thereto” (subsection b); claims “by public employees for fees, salaries, wages, mileage or other expenses and allowances” (subsection c); workers’ compensation (subsection d); public assistance (subsection e); public retirement or pensions (subsection f); principal or interest on warrants, bonds, notes, or other indebtedness (subsection g); claims related to special assessments as a result of a lien (subsection h); claims by the state or by a state department or by a local public agency or judicial branch entity (though the public entity can require a claim) (subsection i); unemployment insurance (subsection j); recovery of penalties and forfeitures under Labor Code section 1720 et seq. (subsection k); claims regarding the Pedestrian Mall Law of 1960 (subsection l); claims for the recovery of Civil Code section 340.1 damages regarding childhood sexual abuse regarding conduct occurring on or after January 1, 2009 (subsection m); claims for the recovery of money pursuant to Government Code section 26680 pursuant to Civil Code section 701.820 (subsection n). Government Code section 905.1 specifically exempts inverse condemnation cases from the presentment requirement of Government Code section 905, except that the entity should process the claim if presented.
A big warning: local agencies are allowed to adopt their own claims requirements pursuant to Government Code 935 with certain preemption by state law. For example, the City of San Bernardino’s claim ordinance is found at Chapter 3.16 of the San Bernardino Municipal Code. The City of Highland’s procedures are found at Chapter 3.08 of the Highland Municipal Code. The City of Riverside’s claim ordinance is found at Chapter 1.05 of the Riverside Municipal Code. Ontario’s is found at Title 3, Chapter 2 of the Ontario Municipal Code.
The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.
Michael Reiter, Municipal Attorney with Milligan, Attorney, Beswick, Levine & Knox LLP Blog 