What is the applicable statute of limitations for a claimant to bring an action against a county for failing to send a written notice of rejection to the claimant?

MultiRegion, United States of America

The following excerpt is from Mkrtchyan v. Sacramento Cnty., No. 2:17-cv-02366-TLN-KJN (E.D. Cal. 2021):

The applicable statute of limitations to bring an action before a court depends on the county's response. If the county fails to send written notice of rejection to the claimant within 45 days of receiving the claim, then the claimant has two years from the accrual of the cause of action to file suit. See id. 911.6(a), 912.6, 945.6(a)(2). On the other hand, if the county provides the claimant with written notice of rejection at any time (even if it is beyond the 45-day period in which it is supposed to act upon the claim), then the claimant must file a suit "not later than six months after the date such notice is personally delivered or deposited in the mail." Id. 945.6(a)(1); see Katelaris v. Cty. of Orange, 92 Cal. App. 4th 1211, 1216 n.4 (2001).

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