California Government Claim Form

Introduction

Key Things to Know

1. 1

   The deadline is strict. A claim for death, injury to a person, or damage to personal property or growing crops must be presented within 6 months after the cause of action accrues. Any other claim must be presented within 1 year after accrual (Gov. Code 911.2(a)).

2. 2

   The same Government Claims Act deadlines apply to the state and to local public entities such as cities, counties and school districts. Who receives the claim, how it is delivered, and the state's form and fee rules differ.

3. 3

   Most claims against the state go to the Department of General Services, Government Claims Program, and must be on the board's form, which DGS publishes as ORIM 006. A state claim not on the form may be returned (Gov. Code 910.4). Claims against judicial branch entities and the California State University go to the bodies named in Gov. Code 915(c) and (d).

4. 4

   Claims against the state carry a $25 filing fee, or you can submit a fee-waiver request, DGS ORIM 005 (Gov. Code 911.2(b)).

5. 5

   Claims against a local public entity go to its clerk, secretary or auditor, or by mail to its governing body at its principal office (Gov. Code 915(a)). Local entities may have their own claim forms.

6. 6

   If the amount claimed exceeds $10,000, the claim must not state a dollar amount. It must say instead whether the claim would be a limited civil case (Gov. Code 910(f)).

7. 7

   The board has 45 days to act. If it does not, the claim is deemed rejected (Gov. Code 912.4). After a written rejection notice, you generally have 6 months to file suit (Gov. Code 945.6).

California Requirements for Notice of Claim

• Claim Presentation Deadline

  Gov. Code 911.2(a): 6 months after accrual for death, injury to a person, or injury to personal property or growing crops; 1 year after accrual for any other cause of action.

• Recipient and Delivery

  Gov. Code 915: most state claims go to the Department of General Services, and judicial branch and California State University claims go to the bodies named in 915(c) and (d); local claims go to the clerk, secretary or auditor, or by mail to the governing body at its principal office.

• Mandatory State Claim Form

  Gov. Code 910.4: claims against the state must be on the board's form, and a claim not on it may be returned. The DGS form is ORIM 006, Government Claim Form. A $25 filing fee or a fee-waiver request applies (Gov. Code 911.2(b)).

• Required Contents

  Gov. Code 910 and 910.2: claimant name and address, address for notices, date, place and circumstances, description of the loss, employee names if known, and a signature.

• Amount Claimed

  State the amount and its basis if the claim totals less than $10,000. If it exceeds $10,000, state no dollar amount, only whether it would be a limited civil case (Gov. Code 910(f)).

• Response and Deemed Rejection

  Gov. Code 912.4: the board has 45 days to act, extendable by written agreement; if it does not act, the claim is deemed rejected on the last day.

• Deadline to Sue

  Gov. Code 945.6(a): 6 months after a written rejection notice is personally delivered or mailed; 2 years from accrual if no written notice is given.

• Late Claim Application

  Gov. Code 911.4 and 911.6: apply in writing with the reason for delay and the proposed claim, within a reasonable time not to exceed 1 year after accrual; deemed denied after 45 days.

• No Punitive Damages

  Gov. Code 818: a public entity is not liable for punitive damages or other damages imposed primarily to punish the defendant.