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?

<p>A copy of the proposed claim. (A)</p> Signup and view all the answers

Who is responsible for filing information identifying public entities?

<p>The Secretary of State. (B)</p> Signup and view all the answers

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

<p>A government tort claim (C)</p> Signup and view all the answers

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

<p>California Fair Employment and Housing Act (A)</p> Signup and view all the answers

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

<p>Adequate information for investigation and settlement (B)</p> Signup and view all the answers

Which of the following is considered a public entity?

<p>A local government agency (D)</p> Signup and view all the answers

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

<p>Minors with claims of sexual abuse (A)</p> Signup and view all the answers

What is the purpose of the government tort claim requirement?

<p>To enable settlement without litigation (A)</p> Signup and view all the answers

Which entities are covered under the Government Claims Act?

<p>State, county, and local government agencies (C)</p> Signup and view all the answers

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

<p>Sexual abuse claims made by minors (C)</p> Signup and view all the answers

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

<p>Six months after the injury (D)</p> Signup and view all the answers

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

<p>The date the tort claim was filed (A)</p> Signup and view all the answers

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

<p>Their claim may be dismissed for lack of jurisdiction (C)</p> Signup and view all the answers

When is a claim deemed presented to the public entity?

<p>When it is mailed (C)</p> Signup and view all the answers

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

<p>The date of the injury (D)</p> Signup and view all the answers

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

<p>One year after accrual (B)</p> Signup and view all the answers

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

<p>A demurrer will likely follow (C)</p> Signup and view all the answers

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

<p>If the public entity has paid for related medical care (B)</p> Signup and view all the answers

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

<p>The names of any public employees involved (B)</p> 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?

<p>A detailed account of prior incidents (B)</p> Signup and view all the answers

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

<p>The entity may be estopped from arguing that the claim was late (A)</p> 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?

<p>Look for the Roster of Public Agencies (B)</p> 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?

<p>$10,000 (A)</p> Signup and view all the answers

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

<p>Use the specific tort-claim form provided (B)</p> Signup and view all the answers

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

<p>The entity fails to provide the claim form (A)</p> Signup and view all the answers

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

<p>The Secretary of State's Special Filings department (B)</p> Signup and view all the answers

Flashcards

Government Tort Claim

A required claim filed against a public entity before suing for money or damages, governed by California Government Code § 810-996.6

Public Entity

State, county, local government agencies, departments, or government employees (including schools, hospitals, etc.).

Tort Claims Act

California law (Gov.Code § 810-996.6) requiring a claim to be filed before suing a public entity.

Requirement to file a claim

Generally, you must file a government tort claim before suing a public entity for damages in California.

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Exceptions to filing a tort claim

Certain situations, like FEHA claims (Fair Employment and Housing Act) and claims by minors for sexual abuse, are exempt from the claim-filing requirement.

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Government Code section 905

California law listing exemptions to the Government Tort Claims Act.

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Purpose of Government Tort Claims

To enable government entities to investigate claims, settle claims if possible, and financially plan for potential lawsuits.

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Exemptions to Tort Claims Act

Exceptions to the requirement of filing a claim before suing a government entity

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Public Entity Tort Claims Act

A law requiring claims against public entities to be filed within specific timeframes.

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Claim Filing Deadline

The specific time period for submitting a claim against a public entity.

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Identifying Public Entities

Determining if a defendant is a public entity via their website or the Secretary of State's roster.

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Specific Claim Forms

Some public entities have unique claim forms; use these if available.

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Claim Content (Basic)

The required details of a claim: claimant's info, incident date/location, damage description, employee names, and claim amount (under $10,000).

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Claim Exemptions/Estoppel

Claimants may be excused if the public entity failed to provide a form, or if the entity misled the claimant.

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Public Entity Response

Entities should confirm their public status in writing, if required.

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Claim Amount Limit

If under $10,000, the claim will need a dollar amount.

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Tort-claim pleading requirement

Your lawsuit against a public entity must include a section titled 'Compliance with Government Tort Claims Act', stating the date of the claim filing and rejection. If this section is missing, your lawsuit will likely be dismissed.

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What is the 'accrual of the cause of action'?

The date the statute of limitations would begin to run if there were no claim requirement. Usually, this is the date of the injury.

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How long do you have to file a claim?

You must file a claim against a public entity within six months of the 'accrual of the cause of action'.

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When is a claim considered 'presented'?

A claim is considered 'presented' when it is mailed to the public entity.

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Why might a late claim be excused?

A public entity's actions, like paying for medical care related to your injury, could excuse a late claim filing.

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How to request relief from a late claim?

If your claim is late, you can apply in writing to the public entity for relief. You have one year after the injury to do so.

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When is a dollar amount not needed in a claim?

You don't need to include a dollar amount in your claim if it's for more than $10,000. However, if your claim is under $10,000, you must state the amount.

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What if a public entity doesn't follow the claim requirement?

The public entity could be estopped from arguing that a claim should have been filed. This means they can't use the lack of a claim as a reason you can't sue them.

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Time to file a claim

You have six months to file a lawsuit against a public entity after your claim is denied.

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What if I miss the deadline?

You can request permission to file a late claim, explaining the reason for the delay.

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Claim deemed rejected

If the public entity doesn't respond within 45 days, your claim is automatically rejected.

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Claim exempt from filing?

Some claims, like those under the Fair Employment and Housing Act (FEHA), don't need to be pre-filed.

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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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Related Documents

Government Tort Claims Primer PDF

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.

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