D.C.

D.C. v. Oakdale Joint Unified School District

Good Law
138 Cal. Rptr. 3d 421·2012 Cal. App. LEXIS 251·203 Cal. App. 4th 1572
Court of Appeal of CaliforniaMarch 1, 2012No. F062010California3,305 words

Opinion

Lead Opinion

Franson, J.

INTRODUCTION

In California, a public entity is not liable for damages unless a statute provides for it. (Gov. Code, § 815, subd. (a).) 1 Public entity tort liability is statutory. (Peterson v. San Francisco Community College Dist. (1984) 36 Cal.3d 799, 809 [ 205 Cal.Rptr. 842 , 685 P.2d 1193 ].) Under the California Government Claims Act (§ 810 et seq.), with some exceptions, a suit for damages may not be brought against a public entity unless a written claim has been presented to the public entity and has been totally or partially denied by that entity’s governing board, or has been deemed rejected by the board due to the board’s failure to act upon it within a specified time. (§ 945.4.) A claim must be presented within a statutory deadline, usually within six months of accrual of a cause of action. (§ 911.2, subd. (a).) If the six-month deadline is not met, an application to the public entity for leave to present a late claim may be made. (§ 915, subd. (a).) That application must be presented to the public entity within a reasonable time not to exceed one year *1576 after the accrual of the cause of action, and shall state the reason for the delay in presenting the…

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