What steps must be taken by a plaintiff to bring a claim for damages under Government Code 945.4?

California, United States of America


The following excerpt is from Grimes v. Gov't Claims Bd., E066978 (Cal. App. 2018):

Under Government Code section 945.4, a person seeking to sue a public entity "for money or damages" must generally first file a claim with that entity within six months of the accrual of the plaintiff's claim. If the claim is not timely filed, the plaintiff must then file a request with the public entity for permission to file a late claim. If such request is denied, the plaintiff's next step is to invoke the provisions of Government Code section 946.6 and petition the court for relief from the claim-filing requirements of Government Code section 945.4. The determination of the trial court in granting or denying a petition for relief under Government Code section 946.6 will not be disturbed on appeal except for an abuse of discretion. (Bettencourt v. Los Rios Community College Dist. (1986) 42 Cal.3d 270, 275.)

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