California Government Claims: The Six-Month Deadline Under the Government Claims Act
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
Before suing a California public entity for personal injury, wrongful death, or damage to personal property, a claimant generally must present a written claim to the entity within six months after the cause of action accrues.
If the entity serves a written rejection, suit generally must be filed within six months of that notice.
Source: California Government Code sections 911.2 and 945.6 (as of August 31, 2026).
What the statute says
The Government Claims Act (Gov. Code § 810 et seq.) requires a claimant to present a claim to the public entity before filing most money-damages suits against it. Government Code section 911.2 sets the presentation deadline:
| Type of claim | Presentation deadline |
|---|---|
| Death; injury to person; injury to personal property or growing crops | 6 months after accrual |
| Any other cause of action (e.g., real property damage, contract) | 1 year after accrual |
When the clock starts
The claim must be presented to the entity in the manner set out in Government Code sections 915 and 910–910.2 (content requirements). Presenting a timely, compliant claim that the entity acts on (or is deemed to reject) is generally a condition precedent to suit; failure to do so is normally a bar, subject to the late-claim procedure below.
Accrual for the claims-presentation deadline is measured by the date the cause of action would accrue for statute-of-limitations purposes if there were no claim requirement — so the underlying tort accrual rules, including the discovery rule where applicable, carry over. The six-month period is counted in months, not days.
Key exceptions and tolling
- Late-claim application (§ 911.4).A claimant who misses the six-month deadline may apply to the entity for leave to present a late claim, but the application itself must be presented within a reasonable time and not later than one year after accrual. The application must state the reason for the delay.
- Petition for relief (§ 946.6).If the entity denies the late-claim application, the claimant may petition the superior court for relief from the claims-presentation requirement, generally within six months of the denial, on grounds such as mistake, inadvertence, surprise, excusable neglect, minority, physical or mental incapacity, or death of the claimant.
- Suit deadline after rejection (§ 945.6).If the entity gives statutory written notice of rejection, suit must be filed within six months of that notice. If no written notice is given, the period to sue is generally two years from accrual of the cause of action.
- Minors and incapacity.There is no tolling of the six-month presentation deadline for minority, but minority and incapacity are recognized grounds for late-claim relief under sections 911.4 and 946.6.
- Which entities.The Act covers the state, counties, cities, school districts, and other local public entities; different rules and shorter internal deadlines can apply to specific bodies, and federal entities are governed by the Federal Tort Claims Act instead.
Frequently asked
How long do you have to file a claim against a government entity in California?
Six months from accrual for death, personal injury, or personal property claims under Government Code section 911.2; one year for other claims. A late-claim application under section 911.4 must be made within one year of accrual. General information, not legal advice.
What happens after a California public entity rejects your claim?
If the entity serves statutory written notice of rejection, section 945.6 generally gives the claimant six months from that notice to file suit. If no written notice is served, the suit deadline is generally two years from accrual. Verify against the current statute.
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Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of California Government Code sections 911.2, 911.4, 945.6, and 946.6 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.