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United States · California government claims

When must a California public entity act on a claim?

Section 912.4 ordinarily gives the board 45 days after claim presentation, with an amended-claim clock and written-agreement branches.

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Period
45 calendar days for the stated statutory branch
Trigger
Actual legally effective claim presentation, or presentation of the amended claim
Rule
Government Code 912.4(a)-(c)
Government Code 912.4(a)-(c)

Official text reviewed. (Amended by Stats. 2002, Ch. 1007, Sec. 3. Effective January 1, 2003.)

Source guide · No automated date

When must a California public entity act on a claim?

The original or amended presentation clock, mail-response adjustments, written agreement and agency holidays require distinct inputs. The forty-five-day preset cannot establish a final board-action or deemed-rejection date.

Government Code 912.4(a)-(c)

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What starts the Government Code 912.4(a)-(c) procedure?

Actual legally effective claim presentation, or presentation of the amended claim

Section 912.4(a) measures the amended-claim branch from amendment presentation. Under section 915.2(a), qualifying mail is deemed presented and received at deposit, not later postal delivery.

Responsible actor. The public entity’s board acting on the presented claim. Distinguish an original claim, an amended claim and a late-claim application. Establish proper presentation, service method, any written agreement and the agency holiday rules.

Government Code 912.4(a)-(c)

Which agency and statutory comparisons must be resolved?

  1. Actual legally effective claim presentation, or presentation of the amended claim
  2. Section 912.4(a) measures the amended-claim branch from amendment presentation. Under section 915.2(a), qualifying mail is deemed presented and received at deposit, not later postal delivery.
  3. Resolve the required presentation method, recipient, applicable agency holidays and stated comparisons. No final date is computed.
  4. Preserve the presentation record, any amendment, the board’s act and every written extension. Under section 912.4(c), failure or refusal to act produces deemed rejection on the last applicable day.

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 day

Why does the numerical preset not establish a final date?

Fictitious boards receiving an original claim and a later amended claim can have different action periods. A written extension also affects the no-qualified-notice suit period through section 945.6(a)(2). A late-claim application follows section 911.6 instead. One presentation-date preset cannot resolve these comparisons.

The original or amended presentation clock, mail-response adjustments, written agreement and agency holidays require distinct inputs. The forty-five-day preset cannot establish a final board-action or deemed-rejection date.

Which facts change this government-claims procedure?

Written extension
Section 912.4(b) permits agreement before expiry, or afterward if no action has commenced and it is not already barred under section 945.6. Preserve the entire agreed interval.
Mail response addition
Section 915.2(b) gives stated mail additions for notice periods and duties to respond after receipt or service. Resolve the applicable method and address before treating the forty-five-day component as final.
No new two-year anchor
Without qualified section 913 notice, section 945.6(a)(2) runs from legal accrual, excluding a qualifying section 912.4(b) extension interval. Deemed rejection does not start two fresh years.
Late-claim application differs
Section 911.6 supplies the application decision clock and only allows its written extension made before expiry. Do not import section 912.4’s post-expiry permission.
Agency final-day treatment
Government Code 6800 excludes the first day and includes the last unless it is a holiday. Sections 6700 and 6706 address agency holidays and the next business day. Section 6707 separately protects documents filed with a state agency on Saturday or a holiday. The agency calendar can include days excluded from judicial holidays by CCP 135, and section 6700 specifies local-adoption qualifications. This preset has no entity or agency-calendar input. Its judicial rollover cannot determine the final agency presentation date.
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.
Government Code 912.4(a)-(c)
  • Distinguish an original claim, an amended claim and a late-claim application. Establish proper presentation, service method, any written agreement and the agency holiday rules.
  • The original or amended presentation clock, mail-response adjustments, written agreement and agency holidays require distinct inputs. The forty-five-day preset cannot establish a final board-action or deemed-rejection date.

Which documents, acts and proof must be preserved?

Questions about Government Code 912.4(a)-(c)

When must a California public entity act on a claim?

Does an amendment use the original presentation date?

Section 912.4(a) states a forty-five-day period after presentation of the amended claim. Preserve the amendment’s legally effective presentation.

Government Code 912.4(a)

Does deemed rejection start the six-month lawsuit clock?

Section 945.6(a)(1) requires qualified section 913 notice. Without that notice, the two-year branch uses accrual rather than deemed rejection.

Government Code 945.6(a)

Can the late-claim application use a post-expiry extension agreement?

Section 911.6(a) requires that application agreement before the action period expires. The ordinary-claim agreement under section 912.4(b) has different conditions.

Government Code 911.6(a)

Official claim, court-filing and calendar sources

Provisions used (18)
Provisions used in this guide
ProvisionPurpose
Government Code 912.4(a)-(c)The specific actor, statutory event, period and required act
Government Code 912.4(b)The identified presentation, notice, calendar or relief qualification
Government Code 915.2(b)The identified presentation, notice, calendar or relief qualification
Government Code 945.6(a)(2)The identified presentation, notice, calendar or relief qualification
Government Code 911.6(a)The identified presentation, notice, calendar or relief qualification
Government Code 6706The identified presentation, notice, calendar or relief qualification
Government Code 912.4(a)The identified presentation, notice, calendar or relief qualification
Government Code 945.6(a)The identified presentation, notice, calendar or relief qualification
Government Code 6800, exclusion of the first dayThe identified presentation, notice, calendar or relief qualification
Government Code 6804, calendar monthsThe identified presentation, notice, calendar or relief qualification
Government Code 6803, years and leap daysThe identified presentation, notice, calendar or relief qualification
Government Code 6700, holidays and local qualificationsThe identified presentation, notice, calendar or relief qualification
Government Code 6706, next-business-day treatmentThe identified presentation, notice, calendar or relief qualification
Government Code 6707, state-agency filingThe identified presentation, notice, calendar or relief qualification
CCP 135, judicial holidays and exclusionsThe identified presentation, notice, calendar or relief qualification
Government Code 915, presentation recipients and methodsThe identified presentation, notice, calendar or relief qualification
Government Code 915.2, mail presentation and response additionsThe identified presentation, notice, calendar or relief qualification
Government Code 915.4, notice methods and addressesThe identified presentation, notice, calendar or relief qualification
Read the official provision

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