A wreck with a city truck on Sunset, a problem with a traffic signal on Wilshire, or a county vehicle on a Westside road does not follow the same calendar as a claim against a private driver. California requires a written claim against a public entity, and for injury, death or personal-property harm that claim is due in six months. People who wait for the usual two-year lawsuit date often learn about that earlier clock after it has already run.
The six-month claim, and the one-year claim
GOV 911.2 requires a claim relating to death, or to harm to a person, or to personal property or growing crops, to be presented not later than six months after the claim accrues. A claim relating to any other cause of action has one year. The City Attorney’s official claims page repeats those dates for claims against the City of Los Angeles, and it notes that real-property damage is in the one-year group.
Presentation has to follow the Government Claims Act rules, including the article that begins at section 915. A phone call to a department, a 311 report or a conversation with a city driver is not a substitute. The official desks also warn that you cannot file a City claim over the phone.
CCP 352, which can pause an ordinary lawsuit clock while a person is a minor or lacks legal capacity, does not apply to an action against a public entity or public employee on a claim that had to be presented under the Government Claims Act. A late-claim application under GOV 911.4 has its own one-year outer limit, and the time a person is a minor is counted in that year. The children’s guide explains why a parent should not wait.
Where to file a City of Los Angeles claim
The official City Attorney claims page and the City Clerk claims page both direct injury and property claims to the Office of the City Clerk. Claims against the City must be filed with the Los Angeles City Clerk Claims Department, 200 North Spring Street, Room 395, City Hall, Los Angeles, CA 90012. The Clerk’s official page says emailed or faxed claims are not accepted. If you have trouble with an online filing, the City Attorney page gives the Clerk’s number as 213-978-1133, and it says you cannot file a claim over the phone.
An online filing path is published at claims.lacity.org. The City Attorney’s overview is at cityattorney.lacity.gov/claims, and the Clerk’s page is at the City Clerk claim-for-damage page. Use those official pages for the current form. The City Attorney page also warns that no other city, county or federal office can receive a claim seeking damages from the City of Los Angeles.
Where to file a County of Los Angeles claim
The official Board of Supervisors claims page says a signed, written claim shall be presented to the County by mailing or delivering it to the Executive Officer-Clerk of the Board of Supervisors, by the claimant or by the claimant’s authorized agent. Return the original in person or by U.S. mail to the Executive Officer, Board of Supervisors, Claims desk, 500 W. Temple Street, Room 383, Los Angeles, CA 90012. The page repeats the six-month and one-year dates from GOV 911.2. For questions, the Claims Unit number published on that page is 213-974-1440, 8:00 in the morning to 5:00 in the afternoon. That unit does not give legal advice. The official page is bos.lacounty.gov/claims-for-damages.
A claim against a state agency, including some highway issues, follows a different presentation path under the same Act, often through the Department of General Services, with the fee details in GOV 911.2. Confirm the current state form on the official state claims site before you treat a city or county filing as enough.
After the claim is presented
Presenting the claim is not the lawsuit. GOV 945.6 sets the later court deadline. If the entity gives written notice under section 913, a lawsuit must be commenced not later than six months after that notice is personally delivered or deposited in the mail. If that written notice is not given, the lawsuit must be commenced within two years from the accrual of the claim, with a narrow adjustment if the entity’s time to act was extended under section 912.4. Waiting for a friendly call from a claims adjuster does not stop those dates, and it does not stop the ordinary two-year date in CCP 335.1 against any private defendants in the same wreck.
Public-entity cases also have immunity and damage rules that do not apply to a private driver. Those rules are specific and should be read in the current Government Code if they become part of the file. Do not assume a city or county will be treated like an ordinary insured motorist.
Practical steps
Write the six-month date down in the first week. Gather the crash report, photographs, medical bills and a clear description of the location. Use the official form, sign it, and keep a copy of everything you send, including proof of mailing or a clerk receipt. If the six months have already passed, read GOV 911.4 and talk with a lawyer quickly. A late-claim application has to be presented within a reasonable time, not more than one year after accrual, with the proposed claim attached and the reason for the delay stated.
If you talk with an attorney, bring the draft or the filed claim, the report number and the declarations page. Confirm the person’s California license. Government-claim dates are among the easiest in this area of law to miss, and among the hardest to repair.
- Presentation
- The Government Claims Act step of delivering a signed written claim to the correct official desk, which is not the same as filing a lawsuit.
- Section 913 notice
- The written notice that starts a six-month period to sue, under GOV 945.6, once it is personally delivered or deposited in the mail.
- Late-claim application
- The GOV 911.4 request for leave to present a late six-month claim, with a one-year outer limit and special counting rules for minors.