What is the test for suing a public entity for personal injury or wrongful death?

California, United States of America


The following excerpt is from Ruiz v. City of El Centro, D058378 (Cal. App. 2012):

Under the Tort Claims Act a person may not sue a public entity for personal injury or wrongful death unless he or she first presented a written claim to the public entity within six months following the accrual of the claim and the public entity rejected the claim. ( 911.2, 945.4; Munoz v. State of California (1995) 33 Cal.App.4th 1767, 1776.)

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