Guerrero

DISCUSSION

Generally, under the Government Claims Act (§ 810 et seq.), one cannot sue a public entity for money or damages without first presenting a claim to the public entity and having the claim acted upon or deemed rejected. (§ 945.4; State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239; see generally Van Alstyne, Cal. Government Tort Liability Practice (Cont.Ed.Bar 2024) § 5.14.) When the cause of action is for personal injuries, as in this case, the prospective plaintiff must ordinarily present the claim to the public entity within six months after the cause of action accrues. (§ 911.2, subd. (a).) A person who fails to present his or her claim within the time required may apply to the public entity for leave to present a late claim. (§ 911.4, subd. (a); Rason v. Santa Barbara City Housing Authority (1988) 201 Cal.App.3d 817, 822.) Under section 911.6, the board of the public entity “shall grant or deny the application within 45 days after it is presented to the board.” (§ 911.6, subd. (a).)3 If the board acts on the claim, it must give written notice of the action and, if the application is denied, provide the applicant with a statutorily prescribed…