California Government Tort Claims Overview

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Questions and Answers

What is the time frame within which a public entity must respond to a claim before it is deemed rejected?

60 days

90 days

30 days

45 days (correct)

What happens after a claim is rejected by the public entity?

The claimant must wait an additional 30 days.

The claimant can appeal the rejection immediately.

The claimant has six months to file a complaint. (correct)

The claimant loses the right to pursue the claim.

Which of the following is a requirement when filing for permission to file a late claim?

Submit a new claim form.

Obtain a court order.

File within 30 days of rejection.

State the reason for the delay. (correct)

What must be included with the application to file a late claim?

A copy of the proposed claim. Signup and view all the answers

Who is responsible for filing information identifying public entities?

The Secretary of State. Signup and view all the answers

What is required before suing a public entity for money or damages in California?

A government tort claim Signup and view all the answers

Which act is specifically mentioned as not requiring government tort claims for employment-discrimination cases?

California Fair Employment and Housing Act Signup and view all the answers

What must government tort claims provide to facilitate the claim process?

Adequate information for investigation and settlement Signup and view all the answers

Which of the following is considered a public entity?

A local government agency Signup and view all the answers

According to the Government Code section 905, who is exempted from the tort-claim requirement?

Minors with claims of sexual abuse Signup and view all the answers

What is the purpose of the government tort claim requirement?

To enable settlement without litigation Signup and view all the answers

Which entities are covered under the Government Claims Act?

State, county, and local government agencies Signup and view all the answers

Which situation does NOT require the filing of a government tort claim?

Sexual abuse claims made by minors Signup and view all the answers

What is the deadline for presenting a claim against a public entity for personal injury?

Six months after the injury Signup and view all the answers

What must be included in the complaint regarding compliance with the Tort Claims Act?

The date the tort claim was filed Signup and view all the answers

What may happen if a claimant does not notify the public entity about claims over $10,000?

Their claim may be dismissed for lack of jurisdiction Signup and view all the answers

When is a claim deemed presented to the public entity?

When it is mailed Signup and view all the answers

What does 'accrual of cause of action' refer to?

The date of the injury Signup and view all the answers

What is the longest time frame a claimant has to seek relief from a late filing?

One year after accrual Signup and view all the answers

What is a potential outcome if a claim is filed more than six months after accrual?

A demurrer will likely follow Signup and view all the answers

What is a common situation in which a claimant may be excused from the tort-claim requirement?

If the public entity has paid for related medical care Signup and view all the answers

What must a claimant include in a typed claim if no specific claim form is available?

The names of any public employees involved Signup and view all the answers

Which of the following is NOT a requirement for filing a claim against a public entity under the Tort Claims Act?

A detailed account of prior incidents Signup and view all the answers

What is the consequence if a public entity misleads a claimant regarding its status?

The entity may be estopped from arguing that the claim was late Signup and view all the answers

To determine if a defendant is a public entity, which of the following is a recommended course of action?

Look for the Roster of Public Agencies Signup and view all the answers

What is the threshold dollar amount for which a claimant must state if the claim is less than it?

$10,000 Signup and view all the answers

What action should be taken if a specific tort-claim form is available from a public entity?

Use the specific tort-claim form provided Signup and view all the answers

Which of the following would exempt a claimant from filing a claim?

The entity fails to provide the claim form Signup and view all the answers

What document can be referenced to confirm the relation of a public entity with the state?

The Secretary of State's Special Filings department Signup and view all the answers

Study Notes

Government Tort Claims

A government tort claim is required before suing a public entity for damages in California
Governed by Government Code sections 810-996.6
Applies to all public entities (e.g., state, county, local agencies, departments, government employees)
Exceptions and exemptions exist, but generally, a claim must be filed within a specified time period before suing for damages
Purpose of the Tort Claims Act is for public entities to adequately investigate claims, settle them (if appropriate) without litigation expense, and financially plan for lawsuits

When Tort Claim Not Required

Government Code section 905 lists exemptions.
Various other exemptions recognized in case law, such as claims by minors (under 18) related to sexual abuse.
Public entities with their own claim procedures, like FEHA claims for employment discrimination, do not need to follow standard Government Claims Act requirements

What is a "Public Entity"?

Includes the state, county, local agencies/departments, and government employees (e.g., schools, hospitals, transit, law enforcement)

Timing Requirements

Claims for personal injury, death or property damage must be filed within 6 months of the "accrual of the cause of action"
Accrual of the cause of action generally refers to the date of the injury
Public entity has 45 days to respond to the claim, failure to act within this time period is deemed a rejection
After rejection, you have 6 months to file a complaint

Completing a Tort Claim

Use a specific form provided (if available) by the public entity (e.g., LAUSD)
If no form, submit a written claim including: name/address of claimant, incident details, description of damages, names of involved public employees, claim dollar amount (less than $10,000, otherwise state exceeds Court jurisdiction)

Late Tort Claims

Failure to comply with the requirements generally bars the claim against the public entity or its employees.
Exceptions to this may exist due to statute or case law or if the public entity had failed to fulfill its notification requirements.
If the public entity fails to properly register as a public entity in the required government databases, a claim can be excused
An entity may be estopped from arguing a claim is late if their actions misled a claimant or interfered with filing
If payments are made by entity prior to filing, the claimant may be excused. Example: payment for medical care stemming from an injury caused by an entity
A claimant has up to one year to apply for permission to file a late claim if it was filed more than 6 months after accrual (but less than one year)

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Description

This quiz examines the essential aspects of government tort claims in California, including the necessary filing procedures, exemptions, and the purpose of the Tort Claims Act. It additionally explores what qualifies as a public entity under the law. Test your understanding of these legal concepts and their implications.