A government agency makes a decision that harms you. A public contractor damages your property. A city employee acts negligently and causes an injury. Suing a private party in these situations follows standard civil litigation rules. Suing a government entity in California requires clearing a separate set of procedural and substantive hurdles.
California has partially waived sovereign immunity through a comprehensive statutory scheme, but the waiver is limited. Government entities retain immunity for many categories of conduct, and strict procedural deadlines can bar otherwise valid claims before they are ever filed.
The Foundation: Sovereign Immunity and Its Limits
At common law, sovereign immunity barred suits against the government without its consent. California’s Legislature largely abolished sovereign immunity in 1963 with the enactment of the California Tort Claims Act, now codified in the Government Claims Act, California Government Code sections 810 through 996.6.
Government Code section 815 establishes the basic rule: “A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person” except as provided by statute. Immunity is the default. Liability requires a specific statutory basis.
The Government Claims Act: Mandatory Prerequisite for Most Suits
Before suing a California public entity for money damages in most categories, a claimant must first file a government claim (sometimes called a tort claim) with the public entity. This is a mandatory prerequisite, not optional. Failure to comply bars the lawsuit.
What Claims Must Follow the Act
Government Code section 905 requires a claim to be presented before suing a public entity for money or damages arising from death, personal injury, or property damage. The requirement applies to state agencies, counties, cities, school districts, transit authorities, and other public entities.
Federal civil rights claims under 42 U.S.C. section 1983 are not subject to the Government Claims Act. A property owner suing a government agency for constitutional violations under Section 1983 does not need to file a government claim first. However, related state-law tort claims asserted alongside a Section 1983 claim may still require a government claim.
The Six-Month Deadline
A claim for personal injury or property damage must be presented to the public entity within six months of the date the cause of action accrues. Government Code section 911.2. For other types of claims, the deadline is one year. Missing this deadline generally bars the lawsuit entirely, regardless of the merits.
What the Claim Must Include
Government Code section 910 specifies the required content of a government claim: the claimant’s name and address, the date, place, and circumstances of the occurrence, a description of the injury or loss, the names of public employees involved if known, and the dollar amount claimed if under $10,000. For claims exceeding $10,000, the claimant indicates the amount and the type of damages sought.
Agency Response and Rejection
After a claim is filed, the public entity has 45 days to act on it. Government Code section 912.4. If the agency rejects the claim, it must provide written notice. The claimant then has six months from the date of rejection to file a lawsuit in court. If the agency fails to act within 45 days, the claim is deemed rejected by operation of law, and the claimant has two years to file suit.
Categories of Government Immunity
Even where a plaintiff properly files a government claim, specific immunity provisions may bar the suit on the merits.
Discretionary Act Immunity
Government Code section 820.2 immunizes public employees from liability for acts or omissions constituting a “discretionary” act or omission in the exercise of a discretion vested in them. Planning and policy decisions receive broad discretionary immunity. Operational decisions implementing those policies receive less protection.
Design Immunity
Government Code section 830.6 provides immunity for injuries caused by the plan or design of public property if the plan was approved by a legislative body or an authorized officer with discretionary authority, and there is substantial evidence supporting the reasonableness of the plan. Design immunity has been applied to roads, bridges, and other infrastructure.
Public Property Immunity
Government Code section 830 et seq. addresses liability for dangerous conditions of public property. A public entity may be liable for a dangerous condition on its property if it had actual or constructive notice of the condition and failed to take reasonable protective action. Government Code section 835.
Litigation-Related Immunity
Government Code section 821.6 immunizes public employees for injuries caused by instituting or prosecuting judicial or administrative proceedings. This immunity has been applied to actions taken in the course of investigations and enforcement proceedings.
Inverse Condemnation: A Separate Path
Government immunity defenses generally do not apply to inverse condemnation claims. California’s Constitution requires just compensation when the government takes or damages private property for public use, and that obligation is self-executing. A property owner whose land is taken or damaged by a government project does not need to satisfy the Government Claims Act before pursuing an inverse condemnation claim under Article I, Section 19 of the California Constitution.
Practical Steps After Government-Caused Harm
- Identify the date the cause of action accrued. The six-month government claims deadline begins on that date.
- Identify the correct public entity to receive the claim. Submitting a claim to the wrong agency does not satisfy the requirement.
- Prepare and submit a compliant written claim within the applicable deadline.
- Preserve all evidence of the government’s conduct, your damages, and any communications with the agency.
- After claim rejection, act within six months to file the lawsuit.
- If you believe the claim involves a constitutional violation, evaluate whether a Section 1983 claim applies alongside or instead of state tort claims.
Frequently Asked Questions
Do I have to file a government claim before suing a city in California?
Yes, in most cases. California’s Government Claims Act requires presentation of a written claim to the public entity before filing suit for money damages in most tort categories. The claim must be submitted within six months of the date your cause of action accrued. Missing this deadline generally bars the lawsuit.
Does the Government Claims Act apply to constitutional civil rights claims?
Federal civil rights claims under 42 U.S.C. section 1983 do not require a government claim. The Act does not apply to constitutional claims under Section 1983. However, state-law tort claims filed in the same lawsuit alongside a Section 1983 claim may still require compliance with the Government Claims Act.
What happens if the government ignores my claim?
If the public entity does not act on a properly filed claim within 45 days, the claim is deemed rejected by operation of law under Government Code section 912.4. The claimant then has two years from the accrual date of the cause of action to file suit in court. If the entity sends a written notice of rejection, the claimant has six months from the date of that notice to file.
