reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 7 - Use of Pesticides › Section 862.

862. (a) As used in this section, “pesticide” means:
(1) An “economic poison” as defined in Section 12753 of the Agricultural Code;
(2) An “injurious material” the use of which is regulated or prohibited under Chapter 3 (commencing with Section 14001) of Division 7 of the Agricultural Code; or
(3) Any material used for the same purpose as material referred to in paragraphs (1) and (2).
(b) A public entity is liable for injuries caused by its use of a pesticide to the same extent as a private person except that no presumption of negligence arises from the failure of a public entity or a public employee to comply with a provision of a statute or regulation relating to the use of a pesticide if the statute or regulation by its terms is made inapplicable to the public entity or the public employee.
(c) Sections 11761 to 11765 of the Agricultural Code, relating to reports of loss or damages from the use of pesticides, apply in an action against a public entity under this section.
(Added by Stats. 1970, Ch. 1099.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 8 - Activities to Abate an Impending Peril › Section 865.

865. The Legislature hereby finds and declares that:
(a) The gradual movement of land, such as in prehistoric slide areas, or as a result of subsidence due to the depletion of underground or subterranean supporting substances, such as minerals, petroleum sources, water, and similar substances, can result in danger to persons or property. Although the movement is gradual and expressed in terms of numbers of inches, feet or meters per day, week or year, at some point the forces that are exerted by the movement will sever underground utilities, such as water, sewer, gas, electricity or telephone services and can cause the destruction of aboveground structures whose foundations become undermined or where support is denied altogether. Unlike an earthquake or rapid rockslide or landslide, these gradual earth movements permit possible intervention to arrest the movement and avoid harm which is posed to persons or property. If there is an adequate manifestation of the problem before actual harm to persons or property, it is possible to make some determinations as to a method of remedial action which can abate the hazard. However, any undertaking to arrest the earth movement may not be successful or may have within it the potential for hastening the movement and the damages resulting from such movement. Regardless of how slight that potential for aggravating the damages, local public entities are unwilling to undertake action to alleviate the hazard if such undertaking may invite potential liability.
(b) It is the intent of the Legislature in enacting this chapter to create an incentive for local public entities, upon learning of the particular earth movement which will result in possible damage to substantial areas of property and constitute a threat of injury to persons, to undertake remedial action to abate the earth movement or protect against the danger therefrom without fear of incurring liability as a result of undertaking such action.
(Added by Stats. 1979, Ch. 1119.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 8 - Activities to Abate an Impending Peril › Section 866.

866. (a) Subject to the provisions of subdivisions (b) and (c), in the event of public necessity and to avoid impending peril to persons or property as a result of gradual earth movement, a local public entity is not liable for damages for injury to persons or property resulting from such impending peril or from any action taken to abate such peril providing the legislative body of the local public entity has, on the basis of expert opinion or other reasonable basis, done all of the following:
(1) On the basis of adequate evidence such as expert opinion or otherwise, found the existence of such impending peril.
(2) Determined appropriate remedial action to halt, stabilize, or abate such impending peril.
(3) Undertaken to implement such remedial action.
As used in this chapter, “gradual earth movements” includes, but is not limited to, perceptible changes in the earth either in a subterranean area or at the surface, or both, which if not arrested or contained will over a gradual period of time result in damage to or destruction of underground or aboveground property or harm to persons. However, “gradual earth movement” does not include movement which is caused by activity undertaken by a local public entity for purposes other than the abatement of peril caused by gradual earth movement.
As used in this chapter, “local public entity” has the meaning set forth in Section 900.4.
(b) If the local public entity is unable to complete the steps described in paragraphs (1) to (3), inclusive, of subdivision (a) because of the cessation of the hazard or because such actions cannot be completed before the occurrence of the hazard sought to be avoided, or because such legislative body of such entity shall reasonably determine that such remedial action will not abate such danger, the immunity provided herein shall nevertheless apply to such actions by such local public entity.
(c) The immunity provided herein is in addition to any other immunity of the local public entity provided by law or statute, including this part, and any claim of liability based upon the impending peril or any action of the local public entity is subject to such immunities and any defenses that would be available to the local public entity if it were a private person.
(Added by Stats. 1979, Ch. 1119.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 8 - Activities to Abate an Impending Peril › Section 867.

867. An employee of a local public entity is not liable for damages for injury to persons or property resulting from an impending peril or from any action taken to abate such peril pursuant to Section 866.
(Added by Stats. 1979, Ch. 1119.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 21 - Tort Liability Under Agreements Between Public Entities › Section 895.

895. As used in this chapter “agreement” means a joint powers agreement entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, an agreement to transfer the functions of a public entity or an employee thereof to another public entity pursuant to Part 2 (commencing with Section 51300) of Division 1 of Title 5 of the Government Code, and any other agreement under which a public entity undertakes to perform any function, service or act with or for any other public entity or employee thereof with its consent, whether such agreement is expressed by resolution, contract, ordinance or in any other manner provided by law; but “agreement” does not include an agreement between public entities which is designed to implement the disbursement or subvention of public funds from one of the public entities to the other, whether or not it provides standards or controls governing the expenditure of such funds.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 21 - Tort Liability Under Agreements Between Public Entities › Section 895.2.

895.2. Whenever any public entities enter into an agreement, they are jointly and severally liable upon any liability which is imposed by any law other than this chapter upon any one of the entities or upon any entity created by the agreement for injury caused by a negligent or wrongful act or omission occurring in the performance of such agreement.
Notwithstanding any other law, if a judgment is recovered against a public entity for injury caused in the performance of an agreement, the time within which a claim for such injury may be presented or an action commenced against any other public entity that is subject to the liability determined by the judgment under the provisions of this section begins to run when the judgment is rendered.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 21 - Tort Liability Under Agreements Between Public Entities › Section 895.4.

895.4. As part of any agreement, the public entities may provide for contribution or indemnification by any or all of the public entities that are parties to the agreement upon any liability arising out of the performance of the agreement.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 21 - Tort Liability Under Agreements Between Public Entities › Section 895.6.

895.6. Unless the public entities that are parties to an agreement otherwise provide in the agreement, if a public entity is held liable upon any judgment for damages caused by a negligent or wrongful act or omission occurring in the performance of the agreement and pays in excess of its pro rata share in satisfaction of such judgment, such public entity is entitled to contribution from each of the other public entities that are parties to the agreement. The pro rata share of each public entity is determined by dividing the total amount of the judgment by the number of public entities that are parties to the agreement. The right of contribution is limited to the amount paid in satisfaction of the judgment in excess of the pro rata share of the public entity so paying. No public entity may be compelled to make contribution beyond its own pro rata share of the entire judgment.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 21 - Tort Liability Under Agreements Between Public Entities › Section 895.8.

895.8. Except for Section 895.6, this chapter applies to any agreement between public entities, whether entered into before or after the effective date of this chapter. Section 895.6 applies to any agreement between public entities entered into, or renewed, modified, or extended, after the effective date of this chapter.
(Added by Stats. 1963, Ch. 1681.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 1 - Definitions › Section 900.

900. Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this part.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 1 - Definitions › Section 900.2.

900.2. “Board” means:
(a) In the case of a local public entity, the governing body of the local public entity.
(b) In the case of the state, except as provided by subdivisions (c) and (d), the Department of General Services.
(c) In the case of a judicial branch entity or judge of one of those entities, the Judicial Council.
(d) In the case of the California State University, the Trustees of the California State University.
(Amended by Stats. 2016, Ch. 31, Sec. 34. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 1 - Definitions › Section 900.3.

900.3. A “judicial branch entity” is a public entity and means any superior court, court of appeals, the Supreme Court, the Judicial Council, or the Administrative Office of the Courts.
(Added by Stats. 2002, Ch. 1007, Sec. 2. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 1 - Definitions › Section 900.4.

900.4. “Local public entity” includes a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State, but does not include the State.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 1 - Definitions › Section 900.6.

900.6. “State” means the State and any office, officer, department, division, bureau, board, commission or agency of the State claims against which are paid by warrants drawn by the Controller.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 1 - Definitions › Section 901.

901. For the purpose of computing the time limits prescribed by Sections 911.2, 911.4, 945.6, and 946.6, the date of the accrual of a cause of action to which a claim relates is the date upon which the cause of action would be deemed to have accrued within the meaning of the statute of limitations which would be applicable thereto if there were no requirement that a claim be presented to and be acted upon by the public entity before an action could be commenced thereon. However, the date upon which a cause of action for equitable indemnity or partial equitable indemnity accrues shall be the date upon which a defendant is served with the complaint giving rise to the defendant’s claim for equitable indemnity or partial equitable indemnity against the public entity.
(Amended by Stats. 2011, Ch. 296, Sec. 110. (AB 1023) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 2 - General Provisions › Section 905.1.

905.1. No claim is required to be filed to maintain an action against a public entity for taking of, or damage to, private property pursuant to Section 19 of Article I of the California Constitution.
However, the board shall, in accordance with the provisions of this part, process any claim which is filed against a public entity for the taking of, or damage to, private property pursuant to Section 19 of Article I of the California Constitution.
(Added by Stats. 1976, Ch. 96.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 2 - General Provisions › Section 905.3.

905.3. Notwithstanding any other law to the contrary, no claim shall be submitted by a local agency or school district, nor shall a claim be considered by the Department of General Services pursuant to Section 905.2, if that claim is eligible for consideration by the Commission on State Mandates pursuant to Article 1 (commencing with Section 17550) of Chapter 4 of Part 7 of Division 4 of Title 2.
(Amended by Stats. 2016, Ch. 31, Sec. 36. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 2 - General Provisions › Section 905.4.

905.4. Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of this part shall not be construed to be an exclusive means for presenting claims to the Legislature nor as preventing the Legislature from making such appropriations as it deems proper for the payment of claims against the State which have not been submitted to the board or recommended for payment by it pursuant to Chapters 1 and 2 of this part.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 2 - General Provisions › Section 905.5.

905.5. A school district, its officers, directors, or employees shall have no civil liability in any civil action for injury, disease, death, or economic loss arising out of exposure on or after January 1, 1989, to asbestos contained in buildings owned, leased, or otherwise used by a school district, except upon proof that the injury, disease, death, or economic loss was caused by the negligence of the school district, its officers, directors, or employees. Notwithstanding the provisions of Section 815.6 of the Government Code and Section 669 of the Evidence Code, no presumption of negligence shall apply to any action under this section. This section applies only to actions against school districts, and shall not apply to any other action, including, but not limited to, actions against a manufacturer, contractor, or any person who makes, sells, distributes, furnishes, or installs asbestos-containing materials. This section shall not affect, alter, or otherwise modify the law pertaining to workers’ compensation claims. This section shall not affect the right of a school district, its officers, directors, or employees to seek indemnification.
(Added by Stats. 1988, Ch. 1022, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 2 - General Provisions › Section 905.6.

905.6. This part does not apply to claims against the Regents of the University of California.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 2 - General Provisions › Section 905.7.

905.7. All claims against a judicial branch entity for money or damages based upon an express contract or for an injury for which the judicial branch entity is liable shall be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of this part.
(Added by Stats. 2005, Ch. 706, Sec. 18. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 2 - General Provisions › Section 905.8.

905.8. Nothing in this part imposes liability upon a public entity unless such liability otherwise exists.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 2 - General Provisions › Section 905.9.

905.9. All claims against the California State University for money or damages based upon an express contract or for an injury for which the Trustees of the California State University is liable shall be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of this part.
(Added by Stats. 2010, Ch. 636, Sec. 3. (SB 1046) Effective January 1, 2011.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 2 - General Provisions › Section 906.

906. (a) As used in this section, “amount allowed on the claim” means the amount allowed by the Department of General Services on a claim allowed, in whole or in part, or the amount offered by the department to settle or compromise a claim.
(b) Except as otherwise provided in this subdivision, no interest is payable on the amount allowed on the claim if payment of the claim is subject to approval of an appropriation by the Legislature. If an appropriation is made for the payment of a claim described in this subdivision, interest on the amount appropriated for the payment of the claim commences to accrue 180 days after the effective date of the act by which the appropriation is enacted.
(Amended by Stats. 2016, Ch. 31, Sec. 37. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 1 - General › ARTICLE 2 - General Provisions › Section 907.

907. A local public entity, as defined in Section 900.4, may offset any delinquent amount due it for services rendered to any other local public entity. The offset may be charged, against any amount reciprocally owing, upon the giving of 30 days advance written notice, if no written dispute is received from the debtor within the 30-day notice period. Notices from the creditor or the debtor shall be made through certified mail.
If the offset would result in the debtor’s inability to meet encumbered bonded indebtedness repayments, the debtor shall so state in a written dispute within the time period stated above.
If a dispute notice is received and the dispute is subsequently resolved in favor of the entity to whom an amount is due, interest on the principal amount from the date that amount was originally owing shall be assessed at the legal rate per annum established pursuant to Section 685.010 of the Code of Civil Procedure.
For purposes of this section, an amount reciprocally owing includes any tax revenue collected by a local public entity for disbursement to another local public entity.
(Added by Stats. 1990, Ch. 697, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 910.

910. A claim shall be presented by the claimant or by a person acting on his or her behalf and shall show all of the following:
(a) The name and post office address of the claimant.
(b) The post office address to which the person presenting the claim desires notices to be sent.
(c) The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted.
(d) A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim.
(e) The name or names of the public employee or employees causing the injury, damage, or loss, if known.
(f) The amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case.
(Amended by Stats. 1998, Ch. 931, Sec. 174. Effective September 28, 1998.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 910.2.

910.2. The claim shall be signed by the claimant or by some person on his behalf. Claims against local public entities for supplies, materials, equipment or services need not be signed by the claimant or on his behalf if presented on a billhead or invoice regularly used in the conduct of the business of the claimant.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 910.4.

910.4. The board shall provide forms specifying the information to be contained in claims against the state or a judicial branch entity. The person presenting a claim shall use the form in order that his or her claim is deemed in conformity with Sections 910 and 910.2. A claim may be returned to the person if it was not presented using the form. Any claim returned to a person may be resubmitted using the appropriate form.
(Amended by Stats. 2005, Ch. 706, Sec. 19. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 910.6.

910.6. (a) A claim may be amended at any time before the expiration of the period designated in Section 911.2 or before final action thereon is taken by the board, whichever is later, if the claim as amended relates to the same transaction or occurrence which gave rise to the original claim. The amendment shall be considered a part of the original claim for all purposes.
(b) A failure or refusal to amend a claim, whether or not notice of insufficiency is given under Section 910.8, shall not constitute a defense to any action brought upon the cause of action for which the claim was presented if the court finds that the claim as presented complied substantially with Sections 910 and 910.2 or a form provided under Section 910.4.
(Added by Stats. 1963, Ch. 1715.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 910.8.

910.8. If, in the opinion of the board or the person designated by it, a claim as presented fails to comply substantially with the requirements of Sections 910 and 910.2, or with the requirements of a form provided under Section 910.4 if a claim is presented pursuant thereto, the board or the person may, at any time within 20 days after the claim is presented, give written notice of its insufficiency, stating with particularity the defects or omissions therein. The notice shall be given in the manner prescribed by Section 915.4. The board may not take action on the claim for a period of 15 days after the notice is given.
(Amended by Stats. 2005, Ch. 184, Sec. 2. Effective September 6, 2005.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 911.

911. Any defense as to the sufficiency of the claim based upon a defect or omission in the claim as presented is waived by failure to give notice of insufficiency with respect to the defect or omission as provided in Section 910.8, except that no notice need be given and no waiver shall result when the claim as presented fails to state either an address to which the person presenting the claim desires notices to be sent or an address of the claimant.
(Amended by Stats. 2005, Ch. 184, Sec. 3. Effective September 6, 2005.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 911.2.

911.2. (a) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) not later than one year after the accrual of the cause of action.
(b) For purposes of determining whether a claim was commenced within the period provided by law, the date the claim was presented to the Department of General Services is one of the following:
(1) The date the claim is submitted with a twenty-five dollar ($25) filing fee.
(2) If a fee waiver is granted, the date the claim was submitted with the affidavit requesting the fee waiver.
(3) If a fee waiver is denied, the date the claim was submitted with the affidavit requesting the fee waiver, provided the filing fee is paid to the department within 10 calendar days of the mailing of the notice of the denial of the fee waiver.
(Amended by Stats. 2016, Ch. 31, Sec. 38. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 911.3.

911.3. (a) When a claim that is required by Section 911.2 to be presented not later than six months after accrual of the cause of action is presented after such time without the application provided in Section 911.4, the board or other person designated by it may, at any time within 45 days after the claim is presented, give written notice to the person presenting the claim that the claim was not filed timely and that it is being returned without further action. The notice shall be in substantially the following form:
“The claim you presented to the (insert title of board or officer) on (indicate date) is being returned because it was not presented within six months after the event or occurrence as required by law. See Sections 901 and 911.2 of the Government Code. Because the claim was not presented within the time allowed by law, no action was taken on the claim.
Your only recourse at this time is to apply without delay to (name of public entity) for leave to present a late claim. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code.
You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately.”
(b) Any defense as to the time limit for presenting a claim described in subdivision (a) is waived by failure to give the notice set forth in subdivision (a) within 45 days after the claim is presented, except that no notice need be given and no waiver shall result when the claim as presented fails to state either an address to which the person presenting the claim desires notices to be sent or an address of the claimant.
(Amended by Stats. 1987, Ch. 1208, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 911.4.

911.4. (a) When a claim that is required by Section 911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a written application may be made to the public entity for leave to present that claim.
(b) The application shall be presented to the public entity as provided in Article 2 (commencing with Section 915) within a reasonable time not to exceed one year after the accrual of the cause of action and shall state the reason for the delay in presenting the claim. The proposed claim shall be attached to the application.
(c) In computing the one-year period under subdivision (b), the following shall apply:
(1) The time during which the person who sustained the alleged injury, damage, or loss as a minor shall be counted, but the time during which he or she is mentally incapacitated and does not have a guardian or conservator of his or her person shall not be counted.
(2) The time shall not be counted during which the person is detained or adjudged to be a dependent child of the juvenile court under the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code), if both of the following conditions exist:
(A) The person is in the custody and control of an agency of the public entity to which a claim is to be presented.
(B) The public entity or its agency having custody and control of the minor is required by statute or other law to make a report of injury, abuse, or neglect to either the juvenile court or the minor’s attorney, and that entity or its agency fails to make this report within the time required by the statute or other enactment, with this time period to commence on the date on which the public entity or its agency becomes aware of the injury, neglect, or abuse. In circumstances where the public entity or its agency makes a late report, the claim period shall be tolled for the period of the delay caused by the failure to make a timely report.
(3) The time shall not be counted during which a minor is adjudged to be a dependent child of the juvenile court under the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code), if the minor is without a guardian ad litem or conservator for purposes of filing civil actions.
(Amended by Stats. 2003, Ch. 847, Sec. 2. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 911.6.

911.6. (a) The board shall grant or deny the application within 45 days after it is presented to the board. The claimant and the board may extend the period within which the board is required to act on the application by written agreement made before the expiration of the period.
(b) The board shall grant the application if one or more of the following is applicable:
(1) The failure to present the claim was through mistake, inadvertence, surprise, or excusable neglect and the public entity was not prejudiced in its defense of the claim by the failure to present the claim within the time specified in Section 911.2.
(2) The person who sustained the alleged injury, damage, or loss was a minor during all of the time specified in Section 911.2 for the presentation of the claim.
(3) The person who sustained the alleged injury, damage, or loss was a minor during any of the time specified in Section 911.2 for the presentation of the claim, provided the application is presented within six months of the person turning 18 years of age or a year after the claim accrues, whichever occurs first.
(4) The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during all of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time.
(5) The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during any of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time, provided the application is presented within six months of the person no longer being physically or mentally incapacitated, or a year after the claim accrues, whichever occurs first.
(6) The person who sustained the alleged injury, damage, or loss died before the expiration of the time specified in Section 911.2 for the presentation of the claim.
(c) If the board fails or refuses to act on an application within the time prescribed by this section, the application shall be deemed to have been denied on the 45th day or, if the period within which the board is required to act is extended by agreement pursuant to this section, the last day of the period specified in the agreement.
(Amended by Stats. 2021, Ch. 218, Sec. 1. (SB 501) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 911.8.

911.8. (a) Written notice of the board’s action upon the application shall be given in the manner prescribed by Section 915.4.
(b) If the application is denied, the notice shall include a warning in substantially the following form:
“WARNING
“If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied.
“You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately.”
(Amended by Stats. 1974, Ch. 620.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 912.2.

912.2. If an application for leave to present a claim is granted by the board pursuant to Section 911.6, the claim shall be deemed to have been presented to the board upon the day that leave to present the claim is granted.
(Amended by Stats. 1965, Ch. 653.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 912.4.

912.4. (a) The board shall act on a claim in the manner provided in Section 912.6, 912.7, or 912.8 within 45 days after the claim has been presented. If a claim is amended, the board shall act on the amended claim within 45 days after the amended claim is presented.
(b) The claimant and the board may extend the period within which the board is required to act on the claim by written agreement made either:
(1) Before the expiration of the period.
(2) After the expiration of the period if an action based on the claim has not been commenced and is not yet barred by the period of limitations provided in Section 945.6.
(c) If the board fails or refuses to act on a claim within the time prescribed by this section, the claim shall be deemed to have been rejected by the board on the last day of the period within which the board was required to act upon the claim. If the period within which the board is required to act is extended by agreement pursuant to this section, the last day of the period within which the board is required to act shall be the last day of the period specified in the agreement.
(Amended by Stats. 2002, Ch. 1007, Sec. 3. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 912.5.

912.5. (a) The Trustees of the California State University shall act on a claim against the California State University in accordance with the procedure that the Trustees of the California State University provide by rule.
(b) Nothing in this section authorizes the Trustees of the California State University to adopt any rule that is inconsistent with this part.
(c) If a claim for money or damages against the California State University is mistakenly presented to the Department of General Services, the Department of General Services shall immediately notify the claimant of the error and shall include information on proper filing of the claim.
(Amended by Stats. 2016, Ch. 31, Sec. 39. (SB 836) Effective June 27, 2016.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 912.6.

912.6. (a) In the case of a claim against a local public entity, the board may act on a claim in one of the following ways:
(1) If the board finds the claim is not a proper charge against the public entity, it shall reject the claim.
(2) If the board finds the claim is a proper charge against the public entity and is for an amount justly due, it shall allow the claim.
(3) If the board finds the claim is a proper charge against the public entity but is for an amount greater than is justly due, it shall either reject the claim or allow it in the amount justly due and reject it as to the balance.
(4) If legal liability of the public entity or the amount justly due is disputed, the board may reject the claim or may compromise the claim.
(b) In the case of a claim against a local public entity, if the board allows the claim in whole or in part or compromises the claim, it may require the claimant, if the claimant accepts the amount allowed or offered to settle the claim, to accept it in settlement of the entire claim.
(c) Subject to subdivision (b), the local public entity shall pay the amount allowed on the claim or in compromise of the claim in the same manner as if the claimant had obtained a final judgment against the local public entity for that amount, but the claim may be paid in not exceeding 10 equal annual installments as provided in Section 970.6 only if the claimant agrees in writing to that method of payment and in such case no court order authorizing installment payments is required. If an agreement for payment of the claim in installments is made, the local public entity, in its discretion, may prepay any one or more installments or any part of an installment.
(Amended by Stats. 1980, Ch. 215.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 912.7.

912.7. The Judicial Council shall act on a claim against a judicial branch entity or judge of one of those entities in accordance with the procedure that the Judicial Council provides by rule of court. The Judicial Council may authorize any committee of the Judicial Council or employee of the Administrative Office of the Courts to perform the functions of the Judicial Council under this part.
(Added by Stats. 2002, Ch. 1007, Sec. 4. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 912.8.

912.8. Except as provided in Section 912.7, in the case of claims against the state, the board shall act on claims in accordance with that procedure as the board, by rule, may prescribe. It may hear evidence for and against the claims and, with the approval of the Governor, report to the Legislature those facts and recommendations concerning the claims as it deems proper. In making recommendations, the board may state and use any official or personal knowledge that any member may have regarding any claim. The board may authorize any employee of the state to perform the functions of the board under this part as are prescribed by the board.
(Amended by Stats. 2004, Ch. 183, Sec. 131. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 913.

913. (a) Written notice of the action taken under Section 912.5, 912.6, 912.7, or 912.8 or the inaction that is deemed rejection under Section 912.4 shall be given in the manner prescribed by Section 915.4. The notice may be in substantially the following form:
“Notice is hereby given that the claim that you presented to the (insert title of board or officer) on (indicate date) was (indicate whether rejected, allowed, allowed in the amount of $____ and rejected as to the balance, rejected by operation of law, or other appropriate language, whichever is applicable) on (indicate date of action or rejection by operation of law).”
(b) If the claim is rejected, in whole or in part, the notice required by subdivision (a) shall include a warning in substantially the following form:
“WARNING
“Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
“You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately.”
(Amended by Stats. 2010, Ch. 636, Sec. 5. (SB 1046) Effective January 1, 2011.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 3 - CLAIMS AGAINST PUBLIC ENTITIES › CHAPTER 2 - Presentation and Consideration of Claims › ARTICLE 1 - General › Section 913.2.

913.2. The board may, in its discretion, within the time prescribed by Section 945.6 for commencing an action on the claim, re-examine a previously rejected claim in order to consider a settlement of the claim.
(Added by Stats. 1963, Ch. 1715.)