What is the test for making a government claim for money or damages under the Government Claims Act?

California, United States of America


The following excerpt is from F.A. v. L. A. Unfied Sch. Dist., B260505 (Cal. App. 2015):

The Government Claims Act "requires that any civil complaint for money or damages first be presented to and rejected by the pertinent public entity." (Munoz v. State of California (1995) 33 Cal.App.4th 1767, 1776 (Munoz).) "Government Code section 911.2 requires the claim relating to a cause of action for death or for injury to person or to personal property be presented not later than six months after the accrual of the cause of action. The claim presentation requirement serves several purposes: (1) it gives the public entity prompt notice of a claim so it can investigate the strengths and weaknesses of the claim while the evidence is still fresh and the witnesses are available; (2) it affords opportunity for amicable adjustment, thereby avoiding expenditure of public funds in needless litigation; and (3) it informs the public entity of potential liability so it can better prepare for the upcoming fiscal year." (Ibid.)

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