What is the test for a plaintiff to bring a lawsuit against a public entity for failing to timely present a claim for money or damages under the Government Claims Act?

California, United States of America


The following excerpt is from Lei v. City of El Monte, B252593 (Cal. App. 2015):

Claims for death or personal injury and injury to personal property or growing crops must be presented within six months after accrual; all other claims must be presented within a year. ( 911.2, subd. (a).) "[F]ailure to timely present a claim for money or damages to a public entity bars a plaintiff from filing a lawsuit against that entity." (State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.)

The Government Claims Act provides that "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. . . ." ( 901.) "The general rule for defining the accrual of a cause of action sets the date as the time 'when, under the substantive law, the wrongful act is done,' or the wrongful result occurs, and the consequent 'liability arises.' [Citation.]" (Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 397.) "In other words, it sets the date as the time when the cause of action is complete with all of its elements [citations]." (Ibid.)

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