United States · California government claims
When must a California injury government claim be presented?
Section 911.2(a) requires covered death, personal-injury, personal-property and growing-crop claims within six months after legal accrual.
- Period
- 6 calendar months for the stated statutory branch
- Trigger
- Legally established accrual of the covered cause of action
- 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 a California injury government claim 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 covered cause of action
Section 901 uses accrual under the otherwise applicable limitation law, with a distinct complaint-service rule for equitable indemnity. The incident date is not automatically the legally correct accrual date.
Responsible actor. The claimant or a person presenting the claim on the claimant’s behalf. Use a cause of action actually subject to the six-month claim requirement. Establish legal accrual, the public entity, authorized recipient and presentation method. Agency holiday treatment is not automated.
Government Code 911.2(a)Which agency and statutory comparisons must be resolved?
- Legally established accrual of the covered cause of action
- Section 901 uses accrual under the otherwise applicable limitation law, with a distinct complaint-service rule for equitable indemnity. The incident date is not automatically the legally correct accrual date.
- 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 claims with the same legally established accrual can require different presentation checks for a local entity and a state agency. A state-agency document falling on Admission Day encounters Government Code 6707, while Admission Day is excluded from judicial holidays by CCP 135. One judicial-calendar preset does not determine both final presentation dates.
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?
- Claim requirement and exclusions
- Section 905 lists exclusions for local entities, including the specified childhood sexual-assault claim. Do not impose this six-month procedure on every dispute involving government.
- Required contents
- Section 910 requires claimant and notice addresses, occurrence facts, loss, known responsible employees and the applicable amount or limited-case information. Timely delivery does not establish adequate contents.
- Late six-month claim
- Section 911.4 permits a written late-claim application for this category, within a reasonable time and its separately computed one-year limit. An application is not an automatically accepted claim.
- 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.
- 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 a cause of action actually subject to the six-month claim requirement. Establish legal accrual, the public entity, authorized recipient and presentation method. Agency holiday treatment is not automated.
- 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 a California injury government claim be presented?
Are six months the same as 180 days?
No. Section 6804 defines a month as a calendar month unless otherwise expressed. Do not replace six calendar months with 180 days.
Government Code 6804Can I mail the claim on the applicable final day?
Section 915.2(a) deems proper prepaid, sealed and addressed US mail presented and received at deposit. Establish the correct section 915 recipient and preserve mailing proof.
Government Code 915.2(a)Can I use the private-defendant lawsuit period instead?
The claim-presentation requirement and the later suit period are different stages. Section 945.4 ordinarily prevents suit until the required claim has been presented and acted upon or deemed rejected.
Government Code 945.4Official claim, court-filing and calendar sources
Provisions used (18)
| Provision | Purpose |
|---|---|
| Government Code 911.2(a) | The specific actor, statutory event, period and required act |
| Government Code 905 | The identified presentation, notice, calendar or relief qualification |
| Government Code 910 | The identified presentation, notice, calendar or relief qualification |
| Government Code 911.4 | The identified presentation, notice, calendar or relief qualification |
| Government Code 6700 | The identified presentation, notice, calendar or relief qualification |
| Government Code 6804 | The identified presentation, notice, calendar or relief qualification |
| Government Code 915.2(a) | The identified presentation, notice, calendar or relief qualification |
| Government Code 945.4 | 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 |