United States · California government claims
When must other California government claims be presented?
Section 911.2(a) gives other covered causes of action one year after legal accrual. The claim category and presentation method must be established.
- Period
- 1 calendar year for the stated statutory branch
- Trigger
- Legally established accrual of the cause of action in the one-year category
- Rule
- Government Code 911.2(a)
Official text reviewed. (Amended by Stats. 2016, Ch. 31, Sec. 38. (SB 836) Effective June 27, 2016.)
Source guide · No automated date
When must other California government claims be presented?
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.
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What starts the Government Code 911.2(a) procedure?
Legally established accrual of the cause of action in the one-year category
The statutory category controls. A label such as financial loss does not by itself establish whether the alleged cause of action falls outside the six-month category.
Responsible actor. The claimant or the person acting for the claimant in the one-year category. Use the one-year category only after excluding death, personal injury, personal-property injury and growing crops. Confirm that the actual claim requires presentation and establish its agency calendar.
Government Code 911.2(a)Which agency and statutory comparisons must be resolved?
- Legally established accrual of the cause of action in the one-year category
- The statutory category controls. A label such as financial loss does not by itself establish whether the alleged cause of action falls outside the six-month category.
- Resolve the required presentation method, recipient, applicable agency holidays and stated comparisons. No final date is computed.
- Identify the actual public entity and its statutory recipient. Section 915 distinguishes local entities, the state, judicial branch entities and California State University. Properly addressed prepaid US mail is deemed presented and received at deposit under section 915.2(a). Electronic presentation to a local entity requires express ordinance or resolution authorization and the specified method. An email to an employee or a court complaint is not automatically claim presentation.
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 one-year claims can involve the same nominal anniversary but different public entities, permitted delivery methods and applicable holiday rules. A one-year numerical preset cannot decide the legally sufficient presentation or recipient calendar.
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.
Which facts change this government-claims procedure?
- Late-claim application is category-specific
- Section 911.4(a) describes claims required within six months. It does not create a late-claim application for every missed one-year claim. This does not resolve other exceptions or equitable doctrines.
- Accrual is a separate legal determination
- Section 901 applies the otherwise governing accrual law and its specific indemnity branch. A loss-discovery assertion is not a calculator finding.
- Agency presentation calendar
- 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 prerequisites
- Section 945.4 ordinarily requires a written claim to be presented and acted upon or deemed rejected before a money-or-damages suit. Sections 946.4 and 946.6 contain distinct exceptions. Establish whether a claim is required before applying this sequence.
- 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 the one-year category only after excluding death, personal injury, personal-property injury and growing crops. Confirm that the actual claim requires presentation and establish its agency calendar.
- 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.
Which documents, acts and proof must be preserved?
Questions about Government Code 911.2(a)
When must other California government claims be presented?
Does every economic loss receive one year?
No. Section 911.2(a) categorizes the cause of action. Establish the actual category rather than classifying it by a damages label.
Government Code 911.2(a)Can I apply under section 911.4 after this year expires?
Section 911.4(a) supplies its application for a claim required within six months. The one-year category is outside that stated permission. Other legal exceptions require separate review.
Government Code 911.4(a)Does claim presentation itself start a fresh year to sue?
No. Section 945.6 supplies distinct suit branches using qualified notice delivery or mailing, or legal accrual when no qualified notice is given.
Government Code 945.6(a)Official claim, court-filing and calendar sources
Provisions used (17)
| Provision | Purpose |
|---|---|
| Government Code 911.2(a) | The specific actor, statutory event, period and required act |
| Government Code 911.4(a) | The identified presentation, notice, calendar or relief qualification |
| Government Code 901 | The identified presentation, notice, calendar or relief qualification |
| Government Code 6706 | The identified presentation, notice, calendar or relief qualification |
| Government Code 945.4 | The identified presentation, notice, calendar or relief qualification |
| Government Code 911.2(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 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 |