California law does not make things simple when it comes to suing a public entity. One of the biggest hurdles is the Government Claims Act, which requires claimants to file a notice of claim before they can bring a lawsuit against a city, county, or state agency. The word “filed” may sound straightforward, but in practice it is one of the most litigated and misunderstood parts of the statute. Many people assume dropping a claim in the mail is enough. Under California law, however, that is not the case.
The reality is that filing is only complete when the designated government office actually receives the claim. This distinction has cost many plaintiffs their cases, as courts have strictly enforced the deadlines and procedures outlined in the Act. Below, we break down what it means to properly present a claim, why mailing can be risky, and how California courts treat mistakes in presentation.
The Government Claims Act, located in Government Code sections 900 through 935.8, sets strict rules for pursuing claims against public entities. Before filing a lawsuit in court, a claimant must first file a written notice of claim within six months for personal injury cases or one year for certain other matters. This is not optional. Failure to file the claim means the lawsuit cannot move forward.
Government Code section 915 defines “presented” or “filed” under the Act. The section requires claimants to deliver the claim to specific officials or offices, and it treats the claim as valid only when those officials actually receive it. The law does not consider mailing the claim to be enough. Presentation occurs only when the proper government agent has the document in hand or in their official mailbox.
Because of this, individuals must take care to understand exactly who the designated recipients are. The statute directs claimants to deliver claims to the clerk, secretary, auditor, or the governing body itself. If a claimant sends the claim to the wrong department and relies on someone to forward it, the error will jeopardize the claim once the deadline expires.
Many people believe that the act of mailing counts as filing. While this is true in some legal contexts, the Government Claims Act follows a different rule. Section 915 specifies that when a claimant mails a claim, the claim counts as presented only when the authorized officer or office actually receives it. Simply dropping it in the mailbox before the deadline is not enough.
This means that certified mail, return receipts, and tracking numbers become critical tools. They provide proof that the claim was received on time and by the right official. Without that proof, the government entity can argue that the claim was never properly filed, and courts have been quick to agree with such arguments.
This strict requirement often creates traps for the unwary. For example, if a claim is mailed on the last day of the six month period but does not arrive until the following week, it will be deemed untimely. The law places the risk of mailing delays entirely on the claimant, not on the government agency. The safest option is hand delivery, which provides immediate confirmation that the claim has been presented.
The California Supreme Court reinforced the strict approach in DiCampli-Mintz v. County of Santa Clara (2012) 55 Cal.4th 983. In that case, the plaintiff argued that her claim should be considered valid even though it was sent to the wrong department, because the county eventually became aware of it. She relied on the theory of “substantial compliance,” which courts had sometimes used in the past to excuse technical errors.
The Supreme Court rejected this argument and clarified that section 915 leaves no room for flexibility. The Court required claimants to present their claims directly to the designated officials. If a claimant sends the claim elsewhere in the bureaucracy, the claim does not qualify as legally “filed,” even if government employees eventually review it. This decision shut the door on many equitable arguments and emphasized that strict compliance with the statute is mandatory.
The DiCampli-Mintz ruling has had significant consequences. Claimants can no longer rely on the possibility that a court might excuse small errors in presentation. Instead, claimants must deliver their claim to the precise officials named in the statute and ensure those officials receive it. Anything less exposes the case to dismissal.
Given the unforgiving nature of the law, claimants should take proactive steps to avoid problems:
These steps may seem strict, but they reflect the law’s emphasis on clarity and certainty. Public entities are entitled to timely notice, and California courts have shown little tolerance for late or misdirected claims.
How KAASS LAW Can Help
At KAASS LAW, we understand how devastating it can be to lose a case over a technicality. The Government Claims Act creates procedural traps that defeat valid claims when claimants fail to follow the requirements exactly. Our attorneys guide clients through the process of preparing, presenting, and pursuing claims against government entities. We file claims with the proper officials and support them with documented proof of receipt.
If you or a loved one needs to file a claim against a California public entity, do not risk losing your case over a missed deadline or filing error. Contact us today to discuss your situation and protect your legal rights. Call KAASS LAW, leave it to us.
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