US-CaliforniaCan I sue a government entity for negligence in California?
Yes, but only under limited circumstances and with strict procedural requirements — you must file a government claim within 6 months and get it rejected before suing.
What the Law Says
California law generally shields government entities from lawsuits — but makes narrow exceptions for negligence. Before filing suit, you must first submit a formal claim to the agency. Failure to do so bars your case entirely.
Under the California Government Claims Act (Gov. Code § 810 et seq.), you cannot sue a public entity — like a city, county, school district, or state agency — unless you first file a written claim with that entity. This is a mandatory prerequisite.
The claim must be filed within 6 months of the date the cause of action accrued (e.g., the date of injury). If you miss this deadline, your right to sue is permanently lost — no exceptions for minors or incapacity unless specific statutory tolling applies.
After you file, the agency has up to 45 days to accept or reject the claim (Gov. Code § 911.2). If they don’t act within 45 days, the claim is deemed rejected as of day 46. You then have 6 months from the rejection date (or deemed rejection) to file a lawsuit in court.
Even if your claim is accepted, the maximum amount the state will pay without court approval is $25,000 (Gov. Code § 905.2). Larger claims require litigation or settlement approval.
Statutory TextA claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 3 (commencing with Section 910) not later than six months after the accrual of the cause of action.
— Gov. Code § 911.2 — Time for presentation of claim
Statutory TextNo suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented ... until a written claim has been presented ... and either rejected in whole or in part or deemed to have been rejected.
— Gov. Code § 945.4 — Condition precedent to suit
What Courts Have Said
California courts consistently enforce the claim-presentation requirement as jurisdictional — meaning courts lack power to hear a case if the claim was never filed or was untimely.
Held that failure to file a timely government claim is a fatal defect — even if the plaintiff was unaware of the requirement — because § 911.2’s deadline is jurisdictional, not merely procedural.
Confirmed that the Government Claims Act creates a ‘condition precedent’ to suit: no claim, no lawsuit — and courts cannot excuse noncompliance based on equity or mistake.
What to Do
1. Within 6 months of your injury, complete and file a government claim form (Form BOG-201 or agency-specific version) with the correct public entity.
2. Keep proof of mailing or delivery — certified mail with return receipt is strongly recommended.
3. Wait for a written response (or wait 45 days for deemed rejection), then file your lawsuit in superior court within 6 months of rejection.
4. Consult a lawyer experienced in government claims — missteps (e.g., wrong agency, incomplete form, missed deadline) are almost always fatal.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.