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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 1 - General › ARTICLE 2 - Construction › Section 944.

944. 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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Actions Against Public Entities › Section 945.

945. A public entity may sue and be sued.
(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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Actions Against Public Entities › Section 945.2.

945.2. Except as otherwise provided by law, the rules of practice in civil actions apply to actions brought against public entities.
(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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Actions Against Public Entities › Section 945.3.

945.3. No person charged by indictment, information, complaint, or other accusatory pleading charging a criminal offense may bring a civil action for money or damages against a peace officer or the public entity employing a peace officer based upon conduct of the peace officer relating to the offense for which the accused is charged, including an act or omission in investigating or reporting the offense or arresting or detaining the accused, while the charges against the accused are pending before a superior court.
Any applicable statute of limitations for filing and prosecuting these actions shall be tolled during the period that the charges are pending before a superior court.
For the purposes of this section, charges pending before a superior court do not include appeals or criminal proceedings diverted pursuant to Chapter 2.5 (commencing with Section 1000), Chapter 2.6 (commencing with Section 1000.6), Chapter 2.7 (commencing with Section 1001), Chapter 2.8 (commencing with Section 1001.20), or Chapter 2.9 (commencing with Section 1001.50) of Title 6 of Part 2 of the Penal Code.
Nothing in this section shall prohibit the filing of a claim with the board of a public entity, and this section shall not extend the time within which a claim is required to be presented pursuant to Section 911.2.
(Amended by Stats. 2002, Ch. 784, Sec. 121. 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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Actions Against Public Entities › Section 945.4.

945.4. Except as provided in Sections 946.4 and 946.6, no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division until a written claim therefor has been presented to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board, in accordance with Chapters 1 and 2 of Part 3 of this division.
(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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Actions Against Public Entities › Section 945.6.

945.6. (a) Except as provided in Sections 946.4 and 946.6 and subject to subdivision (b), any suit brought against a public entity on a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division must be commenced:
(1) If written notice is given in accordance with Section 913, not later than six months after the date such notice is personally delivered or deposited in the mail.
(2) If written notice is not given in accordance with Section 913, within two years from the accrual of the cause of action. If the period within which the public entity is required to act is extended pursuant to subdivision (b) of Section 912.4, the period of such extension is not part of the time limited for the commencement of the action under this paragraph.
(b) When a person is unable to commence a suit on a cause of action described in subdivision (a) within the time prescribed in that subdivision because he has been sentenced to imprisonment in a state prison, the time limit for the commencement of such suit is extended to six months after the date that the civil right to commence such action is restored to such person, except that the time shall not be extended if the public entity establishes that the plaintiff failed to make a reasonable effort to commence the suit, or to obtain a restoration of his civil right to do so, before the expiration of the time prescribed in subdivision (a).
(c) A person sentenced to imprisonment in a state prison may not commence a suit on a cause of action described in subdivision (a) unless he presented a claim in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division.
(Amended by Stats. 1971, Ch. 438.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Actions Against Public Entities › Section 945.8.

945.8. Except where a different statute of limitations is specifically applicable to the public entity, and except as provided in Sections 930.6 and 935, any action against a public entity upon a cause of action for which a claim is not required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division must be commenced within the time prescribed by the statute of limitations that would be applicable if the action were brought against a defendant other than a public entity.
(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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Actions Against Public Entities › Section 945.9.

945.9. (a) A claim arising out of an alleged sexual assault by a law enforcement officer if the alleged assault occurred while the officer was employed by a law enforcement agency is exempted from all state and local government claim presentation requirements.
(b) Notwithstanding any other law, the time for commencement of a claim seeking to recover damages arising out of an alleged sexual assault by a law enforcement officer, if the alleged sexual assault occurred on or after the plaintiff’s 18th birthday and while the officer was employed by a law enforcement agency, shall be the later of either of the following dates:
(1) Within 10 years after the date of judgment against a law enforcement officer in a criminal case for a crime of sexual assault or a judgment against a law enforcement officer for a different crime if a crime of sexual assault was alleged and the crime for which there was a judgment against a law enforcement officer arose out of the same set of operative facts as the allegation of sexual assault in the present claim.
(2) Within 10 years after the law enforcement officer is no longer employed by the law enforcement agency that employed the officer when the alleged sexual assault occurred.
(c) Notwithstanding subdivision (b), a claim seeking to recover damages arising out of an alleged sexual assault by a law enforcement officer, if the alleged sexual assault occurred on or after the plaintiff’s 18th birthday and while the officer was employed by a law enforcement agency, that has not been litigated to finality or compromised by an executed written settlement agreement and that would otherwise be barred because the applicable statute of limitations, any state or local government claim presentation deadline, or any other applicable time limit has expired, is hereby revived and may be commenced if filed within either of the following periods of time:
(1) Ten years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff.
(2) Three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff.
(d) As used in this section, “sexual assault” means any of the crimes described in Section 243.4, 261, 262, 264.1, 286, 287, or 289, or former Section 288a, of the Penal Code, assault with the intent to commit any of those crimes, or an attempt to commit any of those crimes.
(Added by Stats. 2021, Ch. 595, Sec. 1. (AB 1455) 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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Actions Against Public Entities › Section 946.

946. Where a claim that is required to be presented to a public entity in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division is so presented and action thereon is taken by the board:
(a) If the claim is allowed in full and the claimant accepts the amount allowed, no suit may be maintained on any part of the cause of action to which the claim relates.
(b) If the claim is allowed in part and the claimant accepts the amount allowed, no suit may be maintained on that part of the cause of action which is represented by the allowed portion of the claim.
(c) If the claim is allowed in part, no suit may be maintained on any portion of the cause of action where, pursuant to a requirement of the board to such effect, the claimant has accepted the amount allowed in settlement of the entire claim.
(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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Actions Against Public Entities › Section 946.4.

946.4. (a) Where provision is made by or pursuant to law that no suit may be brought against a public agency as defined in Section 53050 unless and until a claim is presented to the agency, the failure to present a claim does not constitute a bar or defense to the maintenance of a suit against the public agency if, during the 70 days immediately following the accrual of the cause of action, either of the following apply:
(1) No statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, as required by Section 53051.
(2) A statement or amended statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, but the information contained therein is so inaccurate or incomplete that it does not substantially conform to the requirements of Section 53051.
(b) On any question of fact arising within the scope of paragraphs (1) and (2) of subdivision (a), the burden of proof is upon the public agency.
(c) This section is inapplicable where the presentation of a claim is required by a claims procedure established by agreement made pursuant to Section 930.2 unless the procedure so prescribed requires that the claim be presented to the governing body of the public agency or to a person listed in Section 53051.
(Amended by Stats. 2019, Ch. 329, Sec. 3. (SB 780) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Actions Against Public Entities › Section 948.

948. (a) The head of the state agency concerned, upon recommendation of the Attorney General or other attorney authorized to represent the state, may settle, adjust, or compromise any pending action where the Director of Finance certifies that a sufficient appropriation for the payment of claims exists. Claims arising out of the activities of the State Department of Transportation may be paid if either the Director of Transportation or the Director of Finance certifies that a sufficient appropriation for the payment of the claim exists.
(b) If no funds or insufficient funds for the payment exist, the head of the state agency concerned, upon recommendation of the Attorney General or other attorney authorized to represent the state, may settle, adjust or compromise any pending action with the approval of the Department of Finance.
(c) As used in this section, “state agency” means any office, officer, department, division, bureau, board, commission or agency of the state claims against which are paid by warrants drawn by the Controller, but does not mean any “judicial branch entity” as defined in Section 940.3 or any judge thereof.
(Amended by Stats. 2002, Ch. 1007, Sec. 13. 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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Actions Against Public Entities › Section 948.1.

948.1. The Judicial Council may settle, adjust, or compromise any pending action arising out of the activities of a judicial branch entity or judge thereof. The Judicial Council may adopt rules of court authorizing 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 section.
(Added by Stats. 2002, Ch. 1007, Sec. 14. 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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 2 - Actions Against Public Entities › Section 949.

949. The governing body of a local public entity may compromise, or may delegate the authority to its attorney or an employee to compromise, any pending action.
(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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 3 - Actions Against Public Employees › Section 950.

950. Except as otherwise provided in this chapter, a claim need not be presented as a prerequisite to the maintenance of an action against a public employee or former public employee for injury resulting from an act or omission in the scope of his employment as a public employee.
(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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 3 - Actions Against Public Employees › Section 950.2.

950.2. Except as provided in Section 950.4, a cause of action against a public employee or former public employee for injury resulting from an act or omission in the scope of his employment as a public employee is barred if an action against the employing public entity for such injury is barred under Part 3 (commencing with Section 900) of this division or under Chapter 2 (commencing with Section 945) of Part 4 of this division. This section is applicable even though the public entity is immune from liability for the injury.
(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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 3 - Actions Against Public Employees › Section 950.4.

950.4. A cause of action against a public employee or former public employee is not barred by Section 950.2 if the plaintiff pleads and proves that he did not know or have reason to know, within the period for the presentation of a claim to the employing public entity as a condition to maintaining an action for such injury against the employing public entity, as that period is prescribed by Section 911.2 or by such other claims procedure as may be applicable, that the injury was caused by an act or omission of the public entity or by an act or omission of an employee of the public entity in the scope of his employment as a public employee.
(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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 3 - Actions Against Public Employees › Section 950.6.

950.6. When a written claim for money or damages for injury has been presented to the employing public entity:
(a) A cause of action for such injury may not be maintained against the public employee or former public employee whose act or omission caused such injury until the claim has been rejected, or has been deemed to have been rejected, in whole or in part by the public entity.
(b) A suit against the public employee or former public employee for such injury must be commenced within the time prescribed by Section 945.6 for bringing an action against the public entity.
(c) When a person is unable to commence the suit within the time prescribed in subdivision (b) because he has been sentenced to imprisonment in a state prison, the time limited for the commencement of such suit is extended to six months after the date that the civil right to commence such action is restored to such person, except that the time shall not be extended if the public employee or former public employee establishes that the plaintiff failed to make a reasonable effort to commence the suit, or to obtain a restoration of his civil right to do so, before the expiration of the time prescribed in subdivision (b).
(Amended by Stats. 1970, Ch. 104.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 3 - Actions Against Public Employees › Section 950.8.

950.8. Any provision of a charter, ordinance or regulation heretofore or hereafter adopted by a local public entity which requires the presentation of a claim as a prerequisite to the maintenance of an action against a public employee to enforce his personal liability is invalid.
(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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 3 - Actions Against Public Employees › Section 951.

951. Notwithstanding Section 425.10 of the Code of Civil Procedure, any complaint for damages in any civil action brought against a publicly elected or appointed state or local officer, in his or her individual capacity, where the alleged injury is proximately caused by the officer acting under color of law, shall allege with particularity sufficient material facts to establish the individual liability of the publicly elected or appointed state or local officer and the plaintiff’s right to recover therefrom.
(Amended by Stats. 1997, Ch. 17, Sec. 46. Effective January 1, 1998.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4 - Special Provisions Relating to Actions Against the State › Section 955.

955. The proper court for trial of actions against the State for the taking or damaging of private property for public use is a court of competent jurisdiction in the county in which the property is situate.
Except as provided in Sections 955.2 and 955.3, upon written demand of the Attorney General made on or before answering, the place of trial in other actions shall be changed to Sacramento County.
(Amended by Stats. 1980, Ch. 387.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4 - Special Provisions Relating to Actions Against the State › Section 955.1.

955.1. (a) The science of earthquake prediction is developing rapidly and, although still largely in a research stage, these predictions are now being initiated and are certain to continue into the future. Administrative procedures exist within the Office of Emergency Services to advise the Governor on the validity of earthquake predictions. Numerous important actions can be taken by state and local governments and special districts to protect life and property in response to earthquake predictions and associated warnings. It is the intent of this legislation to ensure that those actions are taken in the public interest by government agencies acting in a responsible manner without fear of consequent financial liabilities.
(b) The Governor may, at his or her discretion, issue a warning as to the existence of an earthquake or volcanic prediction determined to have scientific validity. The state and its agencies and employees shall not be liable for any injury resulting from the issuance or nonissuance of a warning pursuant to this subdivision or for any acts or omissions in fact gathering, evaluation, or other activities leading up to the issuance or nonissuance of a warning.
(c) Public entities and public employees may, on the basis of a warning issued pursuant to subdivision (b), take, or fail or refuse to take, any action or execute or fail or refuse to execute any earthquake or volcanic prediction response plan with relation to the warning which is otherwise authorized by law. In taking, or failing or refusing to take, such action, neither public entities nor public employees shall be liable for any injuries caused thereby or for any injuries resulting from the preparation of, or failure or refusal to prepare, any earthquake hazard or damage prediction maps, plans for evacuation of endangered areas, and other plan elements.
(d) An earthquake or volcanic warning issued by the Governor pursuant to subdivision (b) is a sufficient basis for a declaration of a state of emergency or local emergency as defined by Section 8558. Public entities and public employees shall be immune from liability in accordance with all immunity provisions applicable during such state of emergency or local emergency.
(Amended by Stats. 2013, Ch. 352, Sec. 103. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4 - Special Provisions Relating to Actions Against the State › Section 955.2.

955.2. Notwithstanding any other provision of law, where the State is named as a defendant in any action or proceeding for death or injury to person or personal property and the injury or the injury causing death occurred within this State, the proper court for the trial of the action is a court of competent jurisdiction in the county where the injury occurred or where the injury causing death occurred. The court may, on motion, change the place of the trial in the same manner and under the same circumstances as the place of trial may be changed where an action is between private parties.
(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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4 - Special Provisions Relating to Actions Against the State › Section 955.3.

955.3. Notwithstanding any provision of law, when a city, county, or city and county, or local agency is a plaintiff in an action or proceeding against the State of California, the action may be tried in any city or county, or city and county, where the city, county, or city and county, or local agency is situated.
The Attorney General may, on behalf of the State of California, before answering, move to change the place of trial to Sacramento County in accordance with the provisions of Section 397 of the Code of Civil Procedure.
For the purposes of this section, “local agency” means any governmental district, board, or agency, or any other local governmental body or corporation, or elected local public official, but shall not include the State of California or any of its agencies, departments, commissions, or boards, or elected public officials in the executive branch of the state government.
(Amended by Stats. 1994, Ch. 156, Sec. 2. Effective July 11, 1994.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4 - Special Provisions Relating to Actions Against the State › Section 955.4.

955.4. Except as provided in Sections 811.9, 955.6, 955.8, and 955.9:
(a) Service of summons in all actions on claims against the state shall be made on the Attorney General.
(b) The Attorney General shall defend all actions on claims against the state.
(Amended by Stats. 2002, Ch. 1007, Sec. 15. 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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4 - Special Provisions Relating to Actions Against the State › Section 955.6.

955.6. In actions for the taking or damaging of private property for public use within the meaning of Section 19 of Article I of the Constitution on claims arising out of work done by the Department of Transportation:
(a) Service of summons shall be made on the Attorney General or the Director of Transportation.
(b) The defense shall be conducted by the attorney for the Department of Transportation.
(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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4 - Special Provisions Relating to Actions Against the State › Section 955.8.

955.8. In actions for the taking or damaging of private property for public use within the meaning of Section 14 of Article I of the Constitution on claims arising out of work done by the Department of Water Resources:
(a) Service of summons shall be made on the Attorney General or the Director of Water Resources.
(b) The defense shall be conducted by the legal counsel of the department, if authorized by the Attorney General pursuant to Section 127 of the Water Code; otherwise the defense shall be conducted by the Attorney General.
(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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4 - Special Provisions Relating to Actions Against the State › Section 955.9.

955.9. In actions on claims against a judicial branch entity, service of summons shall be made on:
(a) The court executive officer, in actions on claims against a superior court or a judge thereof.
(b) The Clerk/Executive Officer of the Court of Appeal, in actions on claims against a court of appeal or a judge thereof.
(c) The Clerk/Executive Officer of the Supreme Court, in actions on claims against the Supreme Court or a judge thereof.
(d) The Administrative Director of the Judicial Council, in actions on claims against the Judicial Council or the Administrative Office of the Courts.
(Amended by Stats. 2018, Ch. 92, Sec. 84. (SB 1289) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 4 - Special Provisions Relating to Actions Against the State › Section 956.

956. Whenever the State has acquired by gift, under the will of a decedent or through a decree of distribution in the estate of a decedent, or otherwise than by purchase or the exercise of the power of eminent domain, a remainder interest, whether contingent or vested, in real property, or an undivided fractional interest in real property, the holder or holders of the precedent estate or of other undivided fractional interests, as the case may be, may join the State as a party defendant in any action to partition said property, brought pursuant to the Code of Civil Procedure or in any action in declaratory relief brought pursuant to the Code of Civil Procedure. In the complaint in any such action the nature of the interest of the State shall be set forth and the manner in which the same was acquired and process in any such action shall be served upon the Attorney General and the Director of Finance. In any such action the Attorney General shall represent the State and may on behalf of the State execute such stipulations, disclaimers or consents as may be appropriate.
(Added by Stats. 1963, Ch. 1450.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Special Provisions Relating to Actions Against Local Public Entities › Section 960.

960. As used in this chapter, “public agency” has the meaning given that term by Section 53050.
(Added by Stats. 1963, Ch. 1805.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Special Provisions Relating to Actions Against Local Public Entities › Section 960.2.

960.2. Notwithstanding any provision of law to the contrary, service of process in an action or proceeding against a public agency may be made in the manner provided in Section 960.3 if, during the 10 days immediately following the commencement of the action or proceeding, any of the following apply:
(a) No statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, as required by Section 53051.
(b) A statement or amended statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, but the information contained therein is so inaccurate or incomplete that it does not substantially conform to the requirements of Section 53051.
(c) A statement or amended statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, but neither the governing body nor any officer or agent of the public agency upon whom personal service of process constitutes service upon the public agency can thereafter, with due diligence, be personally served at the address or addresses set forth in the statement.
(Amended by Stats. 2019, Ch. 329, Sec. 4. (SB 780) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Special Provisions Relating to Actions Against Local Public Entities › Section 960.3.

960.3. (a) If it is shown by affidavit to the satisfaction of the court or judge that the circumstances required by Section 960.2 exist, the court or judge may make an order that service of process be made upon the public agency as provided in this section.
(b) Service of process shall be made by:
(1) Leaving two copies of the process for each public agency defendant to be served, together with two copies of the order authorizing the service, in the hands of the Secretary of State or in his or her office at Sacramento; or
(2) Mailing two copies of the process for each public agency defendant to be served, together with two copies of the order authorizing the service, to the office of the Secretary of State in Sacramento by certified or registered mail, addressee only, return receipt requested. Service shall be effective as of the day the return receipt is received from the office of the Secretary of State.
(c) Service in this manner constitutes personal service upon the public agency.
(d) A fee of fifty dollars ($50) shall be paid by the plaintiff to the Secretary of State for each public agency on which service is made in this manner.
(Amended by Stats. 1990, Ch. 479, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Special Provisions Relating to Actions Against Local Public Entities › Section 960.4.

960.4. Upon receipt of the copies of process pursuant to Section 960.3, the Secretary of State shall give notice of the service of the process to the governing body of the public agency at its principal office in this state, by forwarding to such office, by registered mail with request for return receipt, a copy of the process. If the only address disclosed by the records of the Secretary of State of the principal office of the governing body of the public agency is the county in which it is situated, then the process shall be mailed to the county seat, addressed to the public agency in care of the county clerk, or it may be mailed to any address for the public agency specified in the court order. If the process is mailed in care of the county clerk, the county clerk shall promptly send it to the public agency at its address within the county, if known to him, and if unknown shall cause the process to be posted at the courthouse of the county for 30 days. If the records of the Secretary of State disclose no address for the public agency, then the Secretary of State shall mail a copy of the process to the county clerk of either (a) the county in which the transaction or occurrence took place, or (b) the county where real property of the agency is situated, and the county clerk shall promptly send the process to the public agency at its address within the county, if known to him, or if unknown shall cause the process to be posted at the courthouse of the county for 30 days.
Upon receipt of such copies of process, the Secretary of State shall immediately forward to the Attorney General a copy of all papers served upon him. The Attorney General, upon receipt of any such process, may locate the responsible officers of the public agency involved, and the governing body of such public agency may relieve the Attorney General of any further responsibility hereunder, and may designate any other attorneys to defend said action or take such other action as they may determine.
(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 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Special Provisions Relating to Actions Against Local Public Entities › Section 960.5.

960.5. The Attorney General, until he is relieved of further responsibility in the manner provided in Section 960.4, or until the matter has been reduced to final judgment, shall have the duty to defend such public agency by taking whatever steps he considers appropriate or necessary. The Attorney General, until he is so relieved of further responsibility, shall have full authority to bind the public agency by stipulation or admission.
The Attorney General may delegate his responsibility hereunder in any particular case, to any county counsel or district attorney willing to accept such delegation. When such responsibility has been delegated, the district attorney or county counsel, as the case may be, shall have the same power and authority with reference to the matter as is hereinabove provided for the Attorney General.
All costs and expenses, without limitation, of the Attorney General or district attorney or county counsel, pursuant to this chapter shall be a charge against the public agency in whose behalf he appears.
(Added by Stats. 1963, Ch. 1805.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 5 - Special Provisions Relating to Actions Against Local Public Entities › Section 960.8.

960.8. Service of process in an action or proceeding against a public agency may be made in conformity with the information contained in the statement in the Registry of Public Agencies pertaining to that public agency which is on file at the time of that service. Service in this manner, if otherwise made in compliance with law, constitutes personal service upon the public agency.
As used in this section, “statement in the Registry of Public Agencies” means the statement or amended statement in the Registry of Public Agencies in the office of the Secretary of State or in the office of the county clerk of any county in which that statement or amended statement is on file.
(Amended by Stats. 2019, Ch. 329, Sec. 5. (SB 780) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 4 - ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › CHAPTER 6 - Postjudgment Settlement Conference › Section 962.

962. Upon entry of a verdict against a public entity in excess of one hundred thousand dollars ($100,000) in an action for personal injury or wrongful death, the public entity may, within the time set in Section 659 of the Code of Civil Procedure, request in writing a mandatory settlement conference for the purpose of discussing available methods by which the judgment shall be satisfied. The court shall then set a date for the conference. The request may be noticed with any motions pursuant to Sections 984 and 985 of the Government Code or Section 659 of the Code of Civil Procedure. At the conference the parties shall negotiate in good faith and shall review and consider structured payment plans presented by either party. The conference shall not occur until after determination of any motion for a new trial, motion for judgment notwithstanding the verdict, motion for remittitur and motion for additur, but shall occur before hearing on any motions pursuant to Sections 984 and 985.
The Judicial Council shall adopt rules providing for a reasonable extension of the time for filing the notice of appeal from a judgment on the verdict to permit a request for the mandatory settlement conference and the mandatory settlement conference itself.
(Added by Stats. 1987, Ch. 1204, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 5 - PAYMENT OF CLAIMS AND JUDGMENTS › CHAPTER 1 - Payment of Claims and Judgments Against the State › Section 965.1.

965.1. The Director of General Services may allow a claim filed pursuant to subdivision (c) of Section 905.2 if the settlement amount of that claim does not exceed fifty thousand dollars ($50,000), or to reject any claim as so described.
(Amended by Stats. 2016, Ch. 31, Sec. 54. (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 5 - PAYMENT OF CLAIMS AND JUDGMENTS › CHAPTER 1 - Payment of Claims and Judgments Against the State › Section 965.2.

965.2. (a) The Controller shall draw a warrant for the payment of any final judgment or settlement against the state whenever the Director of Finance certifies that a sufficient appropriation for the payment of the judgment or settlement exists. Claims upon those judgments and settlements are exempt from Section 925.6. Claims arising out of the activities of the State Department of Transportation may be paid if either the Director of Transportation or the Director of Finance certifies that a sufficient appropriation for the payment of the claim exists.
(b) Notwithstanding subdivision (a), the Controller shall draw a warrant for the payment of any final judgment or settlement based on claims arising out of the activities of a judicial branch entity, as defined by Sections 900.3 and 940.3, or a judge thereof, whenever the Administrative Director of the Courts certifies that sufficient funds for that payment exist from funds allocated to settlement, adjustment, and compromise of actions and claims. Claims upon those judgments and settlements are exempt from Section 925.6. Claims arising out of the activities of a judicial branch entity, as defined by Sections 900.3 and 940.3, or a judge thereof, may be paid if the Administrative Director of the Courts certifies that sufficient funds for the payment exist from funds allocated to settlement, adjustment, and compromise of actions and claims. The Administrative Director of the Courts may designate an executive staff member of the Administrative Office of the Courts to perform the certification of funds pursuant to this section.
(Amended by Stats. 2002, Ch. 1007, Sec. 18. 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 5 - PAYMENT OF CLAIMS AND JUDGMENTS › CHAPTER 1 - Payment of Claims and Judgments Against the State › Section 965.3.

965.3. (a) The Attorney General shall notify the Controller in writing when all claims for which an appropriation is made to the the Department of Justice or the Attorney General pursuant to subdivision (b) of Section 965 have been paid. The Controller shall, at the close of the fiscal year in which notice of payment is received from the Attorney General, cause any undisbursed balance to revert to the fund from which the appropriation was made.
(b) Whenever an appropriation exceeds the actual amount necessary to satisfy a settlement in accordance with the settlement agreement or a judgment, the excess shall revert to the fund from which the appropriation was made.
(Added by Stats. 1990, Ch. 1244, Sec. 1. Effective September 24, 1990.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES › PART 5 - PAYMENT OF CLAIMS AND JUDGMENTS › CHAPTER 1 - Payment of Claims and Judgments Against the State › Section 965.4.

965.4. The Governor shall report to the Legislature, at each session, all judgments or settlements against the State not theretofore reported.
(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 5 - PAYMENT OF CLAIMS AND JUDGMENTS › CHAPTER 1 - Payment of Claims and Judgments Against the State › Section 965.5.

965.5. (a) A judgment for the payment of money against the state or a state agency is enforceable until 10 years after the time the judgment becomes final or, if the judgment is payable in installments, until 10 years after the final installment becomes due.
(b) A judgment for the payment of money against the state or a state agency is not enforceable under Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure, but is enforceable under this chapter.
(c) Interest on the amount of a judgment or settlement for the payment of moneys against the state shall commence to accrue 180 days from the date of the final judgment or settlement.
(d) Unless another statute provides a different interest rate, interest on a tax or fee judgment for the payment of moneys against the state shall accrue at a rate equal to the weekly average one year constant maturity United States Treasury yield at the time of the judgment plus 2 percent, but shall not exceed 7 percent per annum.
(e) Subdivisions (c) and (d) shall not apply to any claim approved by the Department of General Services.
(Amended by Stats. 2016, Ch. 31, Sec. 55. (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 5 - PAYMENT OF CLAIMS AND JUDGMENTS › CHAPTER 1 - Payment of Claims and Judgments Against the State › Section 965.6.

965.6. Notwithstanding any other provision of law, neither the state nor a judicial branch entity, nor any officers or employees thereof, may be required by any court in any proceeding to pay or offset a tort liability claim, settlement, or judgment for which the state or judicial branch entity is liable, unless one of the following conditions exists:
(a) The Legislature has authorized the payment or offset of the specific tort liability claim, settlement, or judgment.
(b) The Director of Finance, or the Director of Transportation for claims arising out of the activities of the Department of Transportation, has certified that a sufficient appropriation for the payment of the claim, settlement, or judgment or to provide for that offset exists. This subdivision does not apply to claims arising out of the activities of a judicial branch entity or a judge thereof.
(c) In the case of claims arising out of the activities of a judicial branch entity, as defined in Sections 900.3 and 940.3, or a judge thereof, the Administrative Director of the Courts has certified that sufficient funds for payment of the claim, settlement, or judgment, or to provide for that offset, exist from funds allocated to settlement, adjustment, and compromise of pending actions and claims. The Administrative Director of the Courts may designate an executive staff member of the Administrative Office of the Courts to perform the certification of funds pursuant to this section.
(Amended by Stats. 2002, Ch. 1007, Sec. 19. Effective January 1, 2003.)