Can I sue a government agency in small claims court?

What the Law Says

California law strictly limits who can be sued in small claims court—and government agencies are generally excluded. Small claims courts have no jurisdiction over state or local government entities unless the agency has expressly waived immunity, which is extremely rare. Before suing any government entity, you must first file an administrative claim—and do so within strict deadlines.

Under the California Code of Civil Procedure, small claims court only has jurisdiction over individuals, businesses, and certain other private parties—not government agencies. Even if your claim is for $10,000 or less (the current small claims limit), the court cannot hear it if the defendant is a public entity.

Before suing a government agency at all—even in superior court—you must first present a written claim to the agency under the California Government Claims Act. This must be done within six months of the incident. If the claim is rejected or not acted on within 45 days, you may then file a lawsuit—but only in superior court, never small claims court.

The law makes clear that small claims court 'does not have jurisdiction over a claim against a public entity'—full stop.

Statutory Text

The small claims court does not have jurisdiction over a claim against a public entity.

— Code of Civil Procedure, § 116.220 — Jurisdiction of small claims court

Statutory Text

No 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 or not acted upon within 45 days.

— Government Code, § 945.4 — Time for commencement of action

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