CA Codes (gov:910-913.2)  

 

 

GOVERNMENT CODE
SECTION 910-913.2


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.



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.




910.4.  The board may provide forms specifying the information to be
contained in claims against the public entity.  If the board
provides forms pursuant to this section, the person presenting a
claim need not use such form if he presents his claim in conformity
with Sections 910 and 910.2.  A claim presented on a form provided
pursuant to this section shall be deemed to be in conformity with
Sections 910 and 910.2 if the claim complies substantially with the
requirements of the form or with the requirements of Sections 910 and
910.2.


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.



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 such 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.  Such 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 such notice is given.



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 such 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.



911.2.  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) of
this chapter 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) of
this chapter not later than one year after the accrual of the cause
of action.



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.



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), 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.
   (d) In addition, 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:

   (1) The person is in the custody and control of an agency of the
public entity to which a claim is to be presented.
   (2) 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.



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 where 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 physically or mentally incapacitated during all of the time
specified in Section 911.2 for the presentation of the claim and by
reason of such disability failed to present a claim during such time.

   (4) 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.



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."




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.


912.4.  (a) The board shall act on a claim in the manner provided in
Section 912.6 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:

   (1) Before the expiration of such period; or
   (2) After the expiration of such 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, whether made before or after the expiration of such
period, the last day of the period within which the board is required
to act shall be the last day of the period specified in such
agreement.


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.



912.8.  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 which any member may have touching 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.


913.  (a) Written notice of the action taken under Section 912.6 or
912.8 or the inaction which is deemed rejection under Section 912.4
shall be given in the manner prescribed by Section 915.4.  Such
notice may be in substantially the following form:
   "Notice is hereby given that the claim which 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."



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.