United States · California government claims
When can a California late-claim application be presented?
Section 911.4 requires a six-month-category late-claim application within a reasonable time, subject to its separately computed one-year limit.
- Period
- 1 calendar year for the stated statutory branch
- Trigger
- Legal accrual, delay facts and the intervals excluded by section 911.4(c)
- Rule
- Government Code 911.4(b)
Official text reviewed. (Amended by Stats. 2003, Ch. 847, Sec. 2. Effective January 1, 2004.)
Source guide · No automated date
When can a California late-claim application be presented?
Reasonable time, the section 911.4(c) adjusted outer limit and actual agency presentation must all be established. A one-year-only result cannot establish timeliness.
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What starts the Government Code 911.4(b) procedure?
Legal accrual, delay facts and the intervals excluded by section 911.4(c)
Reasonable time is an independent requirement. A date inside a simple one-year anniversary does not establish timely application. Attach the proposed claim and state why presentation was delayed.
Responsible actor. The claimant seeking public-entity permission to present a late six-month claim. Use an omitted claim that belonged to section 911.2’s six-month category. Establish legal accrual, reasons for delay, every section 911.4(c) excluded interval and correct presentation.
Government Code 911.4(b)Which agency and statutory comparisons must be resolved?
- Legal accrual, delay facts and the intervals excluded by section 911.4(c)
- Reasonable time is an independent requirement. A date inside a simple one-year anniversary does not establish timely application. Attach the proposed claim and state why presentation was delayed.
- Resolve the required presentation method, recipient, applicable agency holidays and stated comparisons. No final date is computed.
- Present the written application with its reason for delay and attached proposed claim through the section 915 procedure. Preserve the actual application and presentation proof.
Government Code 6800, 6700, 6706 and 6707 govern the identified agency-time and holiday questions. The agency calendar is not interchangeable with CCP 135 judicial holidays. Section 6700 specifies local-adoption qualifications, while section 6707 separately protects state-agency filing on Saturday or a holiday. Agency presentation requires the actual recipient and method under section 915. The current preset does not identify the entity or implement its agency calendar. The presentation and board-action guides therefore compute no final agency date.
Claim presentation, ordinary claim rejection and late-application denial are different events. Section 915.2(a) deems proper mail presented and received at deposit. Its subsection (b) provides specified mail-response additions but excludes the section 945.6 notice and post-denial complaint filing. Section 915.4 separately permits identified electronic notice. The six-month notice preset accepts only the qualified personal-delivery or mail-deposit branch; it does not resolve electronic notice. The petition preset accepts the independently established actual or deemed application-denial date, not a later notice-receipt date.
Official sections were reviewed. The three court-filing presets require triggers on or after January 1, 2024 and final dates within the retained 2026 or 2027 judicial calendar. The unchanged section 945.6 text and the current section 946.6 edition are retained. Every other referenced requirement must still apply to the actual facts. Earlier editions, later amendments, emergency orders, additional closures, disputed accrual, excluded intervals and relief branches require separate review. These software coverage limits do not establish that an actual filing is late.
Government Code 6800, exclusion of the first dayWhy does the numerical preset not establish a final date?
Fictitious applications with the same accrual date can have different excluded dependency or incapacity intervals and different reasons for delay. Even an application inside the resulting outer limit must satisfy the separate reasonable-time requirement. No single anniversary establishes timely relief.
Reasonable time, the section 911.4(c) adjusted outer limit and actual agency presentation must all be established. A one-year-only result cannot establish timeliness.
Which facts change this government-claims procedure?
- Minority and mental incapacity
- Section 911.4(c)(1) counts time during minority but excludes mental incapacity without a guardian or conservator of the person. Do not substitute a general minority toll.
- Dependency intervals
- Subsections (c)(2) and (c)(3) identify different dependency, custody, reporting and representative conditions. Prove each condition before excluding an interval.
- Board grounds and action
- Section 911.6 identifies grounds for granting the application and the actual or deemed denial process. Its current minor and incapacity branches include distinct all-period and part-period tests.
- Further court procedure
- A denied or deemed-denied application can lead to a section 946.6 petition. If relief is granted, subsection (f) requires suit within thirty days after the relief order.
- Presentation and notice methods
- Claim presentation, ordinary claim rejection and late-application denial are different events. Section 915.2(a) deems proper mail presented and received at deposit. Its subsection (b) provides specified mail-response additions but excludes the section 945.6 notice and post-denial complaint filing. Section 915.4 separately permits identified electronic notice. The six-month notice preset accepts only the qualified personal-delivery or mail-deposit branch; it does not resolve electronic notice. The petition preset accepts the independently established actual or deemed application-denial date, not a later notice-receipt date.
- Edition and judicial-calendar coverage
- Official sections were reviewed. The three court-filing presets require triggers on or after January 1, 2024 and final dates within the retained 2026 or 2027 judicial calendar. The unchanged section 945.6 text and the current section 946.6 edition are retained. Every other referenced requirement must still apply to the actual facts. Earlier editions, later amendments, emergency orders, additional closures, disputed accrual, excluded intervals and relief branches require separate review. These software coverage limits do not establish that an actual filing is late.
- Use an omitted claim that belonged to section 911.2’s six-month category. Establish legal accrual, reasons for delay, every section 911.4(c) excluded interval and correct presentation.
- Reasonable time, the section 911.4(c) adjusted outer limit and actual agency presentation must all be established. A one-year-only result cannot establish timeliness.
Which documents, acts and proof must be preserved?
Questions about Government Code 911.4(b)
When can a California late-claim application be presented?
Is any application made within one year timely?
No. Section 911.4(b) also requires a reasonable time. Subsection (c) governs the excluded intervals used to compute the outer period.
Government Code 911.4(b)-(c)Does minority alone pause the one-year computation?
No. Section 911.4(c)(1) expressly counts time during minority. The separate incapacity and dependency provisions require their own facts.
Government Code 911.4(c)Does an application replace the proposed claim?
No. Section 911.4(b) requires the proposed claim attached and the reason for delay stated in the application.
Government Code 911.4(b)Official claim, court-filing and calendar sources
Provisions used (18)
| Provision | Purpose |
|---|---|
| Government Code 911.4(b) | The specific actor, statutory event, period and required act |
| Government Code 911.4(c)(1) | The identified presentation, notice, calendar or relief qualification |
| Government Code 911.4(c)(2)-(3) | The identified presentation, notice, calendar or relief qualification |
| Government Code 911.6 | The identified presentation, notice, calendar or relief qualification |
| Government Code 946.6 | The identified presentation, notice, calendar or relief qualification |
| Government Code 911.4(b)-(c) | The identified presentation, notice, calendar or relief qualification |
| Government Code 911.4(c) | The identified presentation, notice, calendar or relief qualification |
| Government Code 911.4(b) | The identified presentation, notice, calendar or relief qualification |
| Government Code 6800, exclusion of the first day | The identified presentation, notice, calendar or relief qualification |
| Government Code 6804, calendar months | The identified presentation, notice, calendar or relief qualification |
| Government Code 6803, years and leap days | The identified presentation, notice, calendar or relief qualification |
| Government Code 6700, holidays and local qualifications | The identified presentation, notice, calendar or relief qualification |
| Government Code 6706, next-business-day treatment | The identified presentation, notice, calendar or relief qualification |
| Government Code 6707, state-agency filing | The identified presentation, notice, calendar or relief qualification |
| CCP 135, judicial holidays and exclusions | The identified presentation, notice, calendar or relief qualification |
| Government Code 915, presentation recipients and methods | The identified presentation, notice, calendar or relief qualification |
| Government Code 915.2, mail presentation and response additions | The identified presentation, notice, calendar or relief qualification |
| Government Code 915.4, notice methods and addresses | The identified presentation, notice, calendar or relief qualification |