Requirements for Filing Claims against Governmental Units in California

Abstract

rHE PAST twenty-five years have produced a growing body of law, both statutory and judicial, covering the tort liability of governmental units in California. The old doctrine of governmental immunity from suit has been curtailed in two ways. (1) In some instances the government has consented to be sued for injuries caused by governmental functions. (2) The government has been held subject to suit regardless of consent in cases arising out of proprietary functions. This extension of tort liability has made necessary certain procedural requirements designed not only to protect the public treasury from fraudulent or stale but also to enable public officials to deal intelligently with legitimate claims. Probably the most important step in this procedure is a requirement that a tort claim be filed promptly with the proper officials as a condition precedent to suit on the claim. The requirement is found in the so-called claims statutes. This article is primarily concerned with the application of the various statutes to different governmental units. Although there is no general statute covering all against governmental units, any one statute may cover both state subdivisions and municipalities in a given situation. Therefore, the decisions interpreting these statutes must be examined with reference to a particular governmental unit (state, city, county, etc.) carrying on a certain sort of activity (governmental or proprietary). These points will be discussed first with reference to the state and its subdivisions, next with reference to cities.