BlackletterCalifornia law

DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810. - 998.3.]

Division 3.6 added by Stats. 1963, Ch. 1681.

§§ 810–998.3 · 315 sections

  1. PART 1. DEFINITIONS §§ 810–811.9 · 11 sections
    • § 810 (a) Unless the provision or context otherwise requires, the definitions contained in this part govern the construction of this division. (b) This division may…
    • § 810.2 “Employee” includes an officer, judicial officer as defined in Section 327 of the Elections Code, employee, or servant, whether or not compensated, but does…
    • § 810.4 “Employment” includes office or employment.
    • § 810.6 “Enactment” means a constitutional provision, statute, charter provision, ordinance or regulation.
    • § 810.8 “Injury” means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to his person, reputation, character,…
    • § 811 “Law” includes not only enactments but also the decisional law applicable within this State as determined and declared from time to time by the courts of this…
    • § 811.2 “Public entity” includes the state, the Regents of the University of California, the Trustees of the California State University and the California State…
    • § 811.4 “Public employee” means an employee of a public entity.
    • § 811.6 “Regulation” means a rule, regulation, order or standard, having the force of law, adopted by an employee or agency of the United States pursuant to the…
    • § 811.8 “Statute” means an act adopted by the Legislature of this State or by the Congress of the United States, or a statewide initiative act.
    • § 811.9 (a) Notwithstanding any other provision of law, judges, subordinate judicial officers, and court executive officers of the superior courts are state officers…
  2. PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES §§ 814–895.8 · 108 sections
    1. CHAPTER 1. General Provisions Relating to Liability §§ 814–827 · 38 sections
      1. ARTICLE 1. Scope of Part §§ 814–814.2 · 2 sections
        • § 814 Nothing in this part affects liability based on contract or the right to obtain relief other than money or damages against a public entity or public employee.
        • § 814.2 Nothing in this part shall be construed to impliedly repeal any provision of Division 4 (commencing with Section 3201) or Division 4.5 (commencing with Section…
      2. ARTICLE 2. Liability of Public Entities §§ 815–818.9 · 14 sections
        • § 815 Except as otherwise provided by statute: (a) A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public…
        • § 815.2 (a) A public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the…
        • § 815.3 (a) Notwithstanding any other provision of this part, unless the elected official and the public entity are named as codefendants in the same action, a public…
        • § 815.4 A public entity is liable for injury proximately caused by a tortious act or omission of an independent contractor of the public entity to the same extent that…
        • § 815.6 Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, the public…
        • § 816 A public entity is not liable for injury arising out of any activity conducted by a member of the California National Guard pursuant to Section 316, 502, 503,…
        • § 818 Notwithstanding any other provision of law, a public entity is not liable for damages awarded under Section 3294 of the Civil Code or other damages imposed…
        • § 818.2 A public entity is not liable for an injury caused by adopting or failing to adopt an enactment or by failing to enforce any law.
        • § 818.4 A public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend…
        • § 818.5 The Department of Motor Vehicles is liable for any injury to a lienholder or good faith purchaser of a vehicle proximately caused by the department’s negligent…
        • § 818.6 A public entity is not liable for injury caused by its failure to make an inspection, or by reason of making an inadequate or negligent inspection, of any…
        • § 818.7 No board, commission, or any public officer or employee of the state or of any district, county, city and county, or city is liable for any damage or injury to…
        • § 818.8 A public entity is not liable for an injury caused by misrepresentation by an employee of the public entity, whether or not such misrepresentation be negligent…
        • § 818.9 A court or county, its employees, independent contractors, and volunteers shall not be liable because of any advice provided to small claims court litigants or…
      3. ARTICLE 3. Liability of Public Employees §§ 820–823 · 17 sections
        • § 820 (a) Except as otherwise provided by statute (including Section 820.2), a public employee is liable for injury caused by his act or omission to the same extent…
        • § 820.2 Except as otherwise provided by statute, a public employee is not liable for an injury resulting from his act or omission where the act or omission was the…
        • § 820.21 (a) Notwithstanding any other provision of the law, the civil immunity of juvenile court social workers, child protection workers, and other public employees…
        • § 820.25 (a) For purposes of Section 820.2, the decision of a peace officer, as defined in Sections 830.1 and 830.2 of the Penal Code, or a state or local law…
        • § 820.4 A public employee is not liable for his act or omission, exercising due care, in the execution or enforcement of any law. Nothing in this section exonerates a…
        • § 820.6 If a public employee acts in good faith, without malice, and under the apparent authority of an enactment that is unconstitutional, invalid or inapplicable, he…
        • § 820.8 Except as otherwise provided by statute, a public employee is not liable for an injury caused by the act or omission of another person. Nothing in this section…
        • § 820.9 Members of city councils, mayors, members of boards of supervisors, members of school boards, members of governing boards of other local public entities,…
        • § 821 A public employee is not liable for an injury caused by his adoption of or failure to adopt an enactment or by his failure to enforce an enactment.
        • § 821.2 A public employee is not liable for an injury caused by his issuance, denial, suspension or revocation of, or by his failure or refusal to issue, deny, suspend…
        • § 821.4 A public employee is not liable for injury caused by his failure to make an inspection, or by reason of making an inadequate or negligent inspection, of any…
        • § 821.5 A public entity or a public employee acting within the scope of his employment is not liable for failing to prohibit or restrict the time that cargo tank…
        • § 821.6 A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his…
        • § 821.8 A public employee is not liable for an injury arising out of his entry upon any property where such entry is expressly or impliedly authorized by law. Nothing…
        • § 822 A public employee is not liable for money stolen from his official custody. Nothing in this section exonerates a public employee from liability if the loss was…
        • § 822.2 A public employee acting in the scope of his employment is not liable for an injury caused by his misrepresentation, whether or not such misrepresentation be…
        • § 823 Neither the widow, widower, nor the heirs of a peace officer, as defined in Sections 830.1, 830.2, and 830.32 of the Penal Code, shall be liable individually…
      4. ARTICLE 4. Indemnification of Public Employees §§ 825–825.6 · 4 sections
        • § 825 (a) Except as otherwise provided in this section, if an employee or former employee of a public entity requests the public entity to defend him or her against…
        • § 825.2 (a) Subject to subdivision (b), if an employee or former employee of a public entity pays any claim or judgment against him, or any portion thereof, that the…
        • § 825.4 Except as provided in Section 825.6, if a public entity pays any claim or judgment against itself or against an employee or former employee of the public…
        • § 825.6 (a) (1) Except as provided in subdivision (b), if a public entity pays any claim or judgment, or any portion thereof, either against itself or against an…
      5. ARTICLE 5. Indemnification of Certain State Agents § 827 · 1 section
        • § 827 A provider of health care, as defined in Section 56.05 of the Civil Code, its officers, employees, agents, and subcontractors, who are defended by the Attorney…
    2. CHAPTER 2. Dangerous Conditions of Public Property §§ 830–840.6 · 26 sections
      1. ARTICLE 1. General §§ 830–831.8 · 19 sections
        • § 830 As used in this chapter: (a) “Dangerous condition” means a condition of property that creates a substantial (as distinguished from a minor, trivial or…
        • § 830.1 For purposes of this chapter, seismic safety improvements or fire sprinkler improvements which are owned, built, controlled, operated, and maintained by the…
        • § 830.2 A condition is not a dangerous condition within the meaning of this chapter if the trial or appellate court, viewing the evidence most favorably to the…
        • § 830.4 A condition is not a dangerous condition within the meaning of this chapter merely because of the failure to provide regulatory traffic control signals, stop…
        • § 830.5 (a) Except where the doctrine of res ipsa loquitur is applicable, the happening of the accident which results in the injury is not in and of itself evidence…
        • § 830.6 Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construction of, or an improvement…
        • § 830.8 Neither a public entity nor a public employee is liable under this chapter for an injury caused by the failure to provide traffic or warning signals, signs,…
        • § 830.9 Neither a public entity nor a public employee is liable for an injury caused by the operation or nonoperation of official traffic control signals when…
        • § 831 Neither a public entity nor a public employee is liable for an injury caused by the effect on the use of streets and highways of weather conditions as such.…
        • § 831.2 Neither a public entity nor a public employee is liable for an injury caused by a natural condition of any unimproved public property, including but not…
        • § 831.21 (a) Public beaches shall be deemed to be in a natural condition and unimproved notwithstanding the provision or absence of public safety services such as…
        • § 831.25 (a) Neither a public entity nor a public employee is liable for any damage or injury to property, or for emotional distress unless the plaintiff has suffered…
        • § 831.3 Neither a public entity nor a public employee is liable for any injury occurring on account of the grading or the performance of other maintenance or repair on…
        • § 831.4 A public entity, public employee, or a grantor of a public easement to a public entity for any of the following purposes, is not liable for an injury caused by…
        • § 831.5 (a) The Legislature declares that innovative public access programs, such as agreements with public land trusts, can provide effective and responsible…
        • § 831.6 Neither the State nor an employee of the State is liable under this chapter for any injury caused by a condition of the unimproved and unoccupied portions of:…
        • § 831.7 (a) Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who…
        • § 831.7.5 (a) A public entity that owns or operates a dog park shall not be held liable for injury or death of a person or pet resulting solely from the actions of a dog…
        • § 831.8 (a) Subject to subdivisions (d) and (e), neither a public entity nor a public employee is liable under this chapter for an injury caused by the condition of a…
      2. ARTICLE 2. Liability of Public Entities §§ 835–835.4 · 3 sections
        • § 835 Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the…
        • § 835.2 (a) A public entity had actual notice of a dangerous condition within the meaning of subdivision (b) of Section 835 if it had actual knowledge of the existence…
        • § 835.4 (a) A public entity is not liable under subdivision (a) of Section 835 for injury caused by a condition of its property if the public entity establishes that…
      3. ARTICLE 3. Liability of Public Employees §§ 840–840.6 · 4 sections
        • § 840 Except as provided in this article, a public employee is not liable for injury caused by a condition of public property where such condition exists because of…
        • § 840.2 An employee of a public entity is liable for injury caused by a dangerous condition of public property if the plaintiff establishes that the property of the…
        • § 840.4 (a) A public employee had actual notice of a dangerous condition within the meaning of subdivision (b) of Section 840.2 if he had actual personal knowledge of…
        • § 840.6 (a) A public employee is not liable under subdivision (a) of Section 840.2 for injury caused by a dangerous condition of public property if he establishes that…
    3. CHAPTER 3. Police and Correctional Activities §§ 844–846 · 8 sections
      • § 844 As used in this chapter, “prisoner” includes an inmate of a prison, jail, or penal or correctional facility. For the purposes of this chapter, a lawfully…
      • § 844.6 (a) Notwithstanding any other provision of this part, except as provided in this section and in Sections 814, 814.2, 845.4, and 845.6, or in Title 2.1…
      • § 845 Neither a public entity nor a public employee is liable for failure to establish a police department or otherwise to provide police protection service or, if…
      • § 845.2 Except as provided in Chapter 2 (commencing with Section 830), neither a public entity nor a public employee is liable for failure to provide a prison, jail or…
      • § 845.4 Neither a public entity nor a public employee acting within the scope of his employment is liable for interfering with the right of a prisoner to obtain a…
      • § 845.6 Neither a public entity nor a public employee is liable for injury proximately caused by the failure of the employee to furnish or obtain medical care for a…
      • § 845.8 Neither a public entity nor a public employee is liable for: (a) Any injury resulting from determining whether to parole or release a prisoner or from…
      • § 846 Neither a public entity nor a public employee is liable for injury caused by the failure to make an arrest or by the failure to retain an arrested person in…
    4. CHAPTER 4. Fire Protection §§ 850–850.8 · 5 sections
      • § 850 Neither a public entity nor a public employee is liable for failure to establish a fire department or otherwise to provide fire protection service.
      • § 850.2 Neither a public entity that has undertaken to provide fire protection service, nor an employee of such a public entity, is liable for any injury resulting…
      • § 850.4 Neither a public entity, nor a public employee acting in the scope of his employment, is liable for any injury resulting from the condition of fire protection…
      • § 850.6 (a) Whenever a public entity provides fire protection or firefighting service outside of the area regularly served and protected by the public entity providing…
      • § 850.8 Any member of an organized fire department, fire protection district, or other firefighting unit of either the state or any political subdivision, any employee…
    5. CHAPTER 4.5. Unmanned Aircraft §§ 853–853.5 · 3 sections
      • § 853 A local public entity or public employee of a local public entity shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if…
      • § 853.1 The immunity provided by this chapter is in addition to any other immunity provided to a local public entity or public employee of a local public entity under…
      • § 853.5 The following definitions shall apply to this chapter: (a) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human…
    6. CHAPTER 5. Medical, Hospital and Public Health Activities §§ 854–856.6 · 16 sections
      • § 854 As used in this chapter, unless the context otherwise requires, “medical facility” includes a hospital, infirmary, clinic, dispensary, mental institution, or…
      • § 854.1 (a) It is the intent of the Legislature to ensure continuity of care for individuals with developmental disabilities transitioning from a developmental center…
      • § 854.2 As used in this chapter, “mental institution” means a state hospital for the care and treatment of persons with mental health disorders or intellectual…
      • § 854.3 As used in this chapter, “county psychiatric hospital” means the hospital, ward, or facility provided by the county pursuant to the provisions of Section 7100…
      • § 854.4 As used in this chapter, “mental illness or addiction” means any condition for which a person may be detained, cared for, or treated in a mental institution,…
      • § 854.5 As used in this chapter, “confine” includes admit, commit, place, detain, or hold in custody.
      • § 854.8 (a) Notwithstanding any other provision of this part, except as provided in this section and in Sections 814, 814.2, 855, and 855.2, a public entity is not…
      • § 855 (a) A public entity that operates or maintains any medical facility that is subject to regulation by the State Department of Health Services, Social Services,…
      • § 855.2 Neither a public entity nor a public employee acting within the scope of his employment is liable for interfering with the right of an inmate of a medical…
      • § 855.4 (a) Neither a public entity nor a public employee is liable for an injury resulting from the decision to perform or not to perform any act to promote the…
      • § 855.6 Except for an examination or diagnosis for the purpose of treatment, neither a public entity nor a public employee acting within the scope of his employment is…
      • § 855.8 (a) Neither a public entity nor a public employee acting within the scope of his employment is liable for injury resulting from diagnosing or failing to…
      • § 856 (a) Neither a public entity nor a public employee acting within the scope of his employment is liable for any injury resulting from determining in accordance…
      • § 856.2 (a) Neither a public entity nor a public employee is liable for: (1) An injury caused by an escaping or escaped person who has been confined for mental illness…
      • § 856.4 Except as provided in Section 815.6, neither a public entity nor a public employee acting in the scope of his employment is liable for an injury resulting from…
      • § 856.6 (a) A public entity, public employee, or volunteer, participating in the National Influenza Program of 1976, shall not be liable for an injury caused by an act…
    7. CHAPTER 6. Administration of Tax Laws §§ 860–860.4 · 3 sections
      • § 860 As used in this chapter, “tax” includes a tax, assessment, fee or charge.
      • § 860.2 Neither a public entity nor a public employee is liable for an injury caused by: (a) Instituting any judicial or administrative proceeding or action for or…
      • § 860.4 Nothing in this chapter affects any law relating to refund, rebate, exemption, cancellation, amendment or adjustment of taxes.
    8. CHAPTER 7. Use of Pesticides § 862 · 1 section
      • § 862 (a) As used in this section, “pesticide” means: (1) An “economic poison” as defined in Section 12753 of the Agricultural Code; (2) An “injurious material” the…
    9. CHAPTER 8. Activities to Abate an Impending Peril §§ 865–867 · 3 sections
      • § 865 The Legislature hereby finds and declares that: (a) The gradual movement of land, such as in prehistoric slide areas, or as a result of subsidence due to the…
      • § 866 (a) Subject to the provisions of subdivisions (b) and (c), in the event of public necessity and to avoid impending peril to persons or property as a result of…
      • § 867 An employee of a local public entity is not liable for damages for injury to persons or property resulting from an impending peril or from any action taken to…
    10. CHAPTER 21. Tort Liability Under Agreements Between Public Entities §§ 895–895.8 · 5 sections
      • § 895 As used in this chapter “agreement” means a joint powers agreement entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1…
      • § 895.2 Whenever any public entities enter into an agreement, they are jointly and severally liable upon any liability which is imposed by any law other than this…
      • § 895.4 As part of any agreement, the public entities may provide for contribution or indemnification by any or all of the public entities that are parties to the…
      • § 895.6 Unless the public entities that are parties to an agreement otherwise provide in the agreement, if a public entity is held liable upon any judgment for damages…
      • § 895.8 Except for Section 895.6, this chapter applies to any agreement between public entities, whether entered into before or after the effective date of this…
  3. PART 3. CLAIMS AGAINST PUBLIC ENTITIES §§ 900–935.9 · 81 sections
    1. CHAPTER 1. General §§ 900–907 · 18 sections
      1. ARTICLE 1. Definitions §§ 900–901 · 6 sections
        • § 900 Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this part.
        • § 900.2 “Board” means: (a) In the case of a local public entity, the governing body of the local public entity. (b) In the case of the state, except as provided by…
        • § 900.3 A “judicial branch entity” is a public entity and means any superior court, court of appeals, the Supreme Court, the Judicial Council, or the Administrative…
        • § 900.4 “Local public entity” includes a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the…
        • § 900.6 “State” means the State and any office, officer, department, division, bureau, board, commission or agency of the State claims against which are paid by…
        • § 901 For the purpose of computing the time limits prescribed by Sections 911.2, 911.4, 945.6, and 946.6, the date of the accrual of a cause of action to which a…
      2. ARTICLE 2. General Provisions §§ 905–907 · 12 sections
        • § 905 There shall be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) all claims for money or damages…
        • § 905.1 No claim is required to be filed to maintain an action against a public entity for taking of, or damage to, private property pursuant to Section 19 of Article…
        • § 905.2 (a) This section shall apply to claims against the state filed with the Department of General Services except as provided in subparagraph (B) of paragraph (2)…
        • § 905.3 Notwithstanding any other law to the contrary, no claim shall be submitted by a local agency or school district, nor shall a claim be considered by the…
        • § 905.4 Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of this part shall not be construed to be an exclusive means for presenting…
        • § 905.5 A school district, its officers, directors, or employees shall have no civil liability in any civil action for injury, disease, death, or economic loss arising…
        • § 905.6 This part does not apply to claims against the Regents of the University of California.
        • § 905.7 All claims against a judicial branch entity for money or damages based upon an express contract or for an injury for which the judicial branch entity is liable…
        • § 905.8 Nothing in this part imposes liability upon a public entity unless such liability otherwise exists.
        • § 905.9 All claims against the California State University for money or damages based upon an express contract or for an injury for which the Trustees of the…
        • § 906 (a) As used in this section, “amount allowed on the claim” means the amount allowed by the Department of General Services on a claim allowed, in whole or in…
        • § 907 A local public entity, as defined in Section 900.4, may offset any delinquent amount due it for services rendered to any other local public entity. The offset…
    2. CHAPTER 2. Presentation and Consideration of Claims §§ 910–915.4 · 22 sections
      1. ARTICLE 1. General §§ 910–913.2 · 19 sections
        • § 910 A claim shall be presented by the claimant or by a person acting on his or her behalf and shall show all of the following: (a) The name and post office address…
        • § 910.2 The claim shall be signed by the claimant or by some person on his behalf. Claims against local public entities for supplies, materials, equipment or services…
        • § 910.4 The board shall provide forms specifying the information to be contained in claims against the state or a judicial branch entity. The person presenting a claim…
        • § 910.6 (a) A claim may be amended at any time before the expiration of the period designated in Section 911.2 or before final action thereon is taken by the board,…
        • § 910.8 If, in the opinion of the board or the person designated by it, a claim as presented fails to comply substantially with the requirements of Sections 910 and…
        • § 911 Any defense as to the sufficiency of the claim based upon a defect or omission in the claim as presented is waived by failure to give notice of insufficiency…
        • § 911.2 (a) A 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…
        • § 911.3 (a) When a claim that is required by Section 911.2 to be presented not later than six months after accrual of the cause of action is presented after such time…
        • § 911.4 (a) When a claim that is required by Section 911.2 to be presented not later than six months after the accrual of the cause of action is not presented within…
        • § 911.6 (a) The board shall grant or deny the application within 45 days after it is presented to the board. The claimant and the board may extend the period within…
        • § 911.8 (a) Written notice of the board’s action upon the application shall be given in the manner prescribed by Section 915.4. (b) If the application is denied, the…
        • § 912.2 If an application for leave to present a claim is granted by the board pursuant to Section 911.6, the claim shall be deemed to have been presented to the board…
        • § 912.4 (a) The board shall act on a claim in the manner provided in Section 912.6, 912.7, or 912.8 within 45 days after the claim has been presented. If a claim is…
        • § 912.5 (a) The Trustees of the California State University shall act on a claim against the California State University in accordance with the procedure that the…
        • § 912.6 (a) In the case of a claim against a local public entity, the board may act on a claim in one of the following ways: (1) If the board finds the claim is not a…
        • § 912.7 The Judicial Council shall act on a claim against a judicial branch entity or judge of one of those entities in accordance with the procedure that the Judicial…
        • § 912.8 Except as provided in Section 912.7, in the case of claims against the state, the board shall act on claims in accordance with that procedure as the board, by…
        • § 913 (a) Written notice of the action taken under Section 912.5, 912.6, 912.7, or 912.8 or the inaction that is deemed rejection under Section 912.4 shall be given…
        • § 913.2 The board may, in its discretion, within the time prescribed by Section 945.6 for commencing an action on the claim, re-examine a previously rejected claim in…
      2. ARTICLE 2. Manner of Presentation and of Giving Notice §§ 915–915.4 · 3 sections
        • § 915 (a) A claim, any amendment thereto, or an application to the public entity for leave to present a late claim shall be presented to a local public entity by any…
        • § 915.2 (a) If a claim, amendment to a claim, or application to a public entity for leave to present a late claim is presented or sent by mail under this chapter, or…
        • § 915.4 (a) The notices provided for in Sections 910.8, 911.8, and 913 shall be given by any of the following methods: (1) Personally delivering the notice to the…
    3. CHAPTER 3. Proceedings to Determine Constitutionality of Claims Against the State §§ 920–920.8 · 5 sections
      • § 920 As used in this chapter, “omnibus claim appropriation” means an act of appropriation, or an item of appropriation in a budget act, by which the Legislature…
      • § 920.2 Promptly following the effective date of an omnibus claim appropriation, the board or its secretary shall submit to the Controller a claim covering the full…
      • § 920.4 If the Controller believes or has reason to believe that the payment of any portion of the omnibus claim appropriation may violate the provisions of the…
      • § 920.6 Unless the Joint Legislative Budget Committee within 60 days after receipt of such notice advises the board in writing that the Legislature desires to…
      • § 920.8 If the Joint Legislative Budget Committee advises the board that the Legislature desires to reconsider any part of the omnibus claim appropriation withheld by…
    4. CHAPTER 4. Presentation of Claims to State Controller §§ 925–926.10 · 11 sections
      • § 925 As used in this chapter, “department” means the Department of General Services.
      • § 925.2 Claims for expenses of either house of the Legislature or members or committees thereof are exempt from Section 13920 and this chapter, except Section 925.6,…
      • § 925.4 Any person having a claim against the state for which appropriations have been made, or for which state funds are available, may present it to the Controller…
      • § 925.6 (a) Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that…
      • § 925.8 If the Controller approves a claim he shall draw his warrant for the amount approved in favor of the claimant.
      • § 926 If he or she disapproves a claim, the Controller shall file it and a statement of his or her disapproval and his or her reasons with the department as…
      • § 926.2 The Controller shall not entertain for a second time a claim against the state once rejected by him or her or by the Legislature unless such facts are…
      • § 926.4 Any person who is aggrieved by the disapproval of a claim by the Controller may appeal to the department. If the department finds that facts are presented…
      • § 926.6 After final rejection of a claim by the Controller following reconsideration, any person interested may appeal to the Legislature by filing with the department…
      • § 926.8 Whenever a governmental agency of the United States, in the collection of taxes or amounts owing to it, is authorized by federal law to levy administratively…
      • § 926.10 Any public entity as defined by Section 811.2 having a liquidated claim against any other public entity based on contract or statute of the State of…
    5. CHAPTER 4.5. Prompt Payment of Claims §§ 927–927.13 · 14 sections
      • § 927 (a) This chapter shall be known and may be cited as the California Prompt Payment Act. (b) It is the intent of the Legislature that state agencies pay properly…
      • § 927.1 (a) (1) A state agency that acquires property or services pursuant to a contract with a business, including any approved change order or contract amendment,…
      • § 927.2 The following definitions apply to this chapter: (a) “Claim” means payment requests prepared and submitted by a state agency to the Controller for payment to…
      • § 927.3 (a) Except where payment is made directly by a state agency pursuant to Section 927.6, an undisputed invoice received by a state agency shall be submitted to…
      • § 927.4 Except as otherwise provided in this chapter, to avoid late payment penalties, the maximum time from state agency receipt of an undisputed invoice to the date…
      • § 927.5 This chapter shall not apply to claims for reimbursement for health care services provided under the Medi-Cal program, unless the Medi-Cal health care services…
      • § 927.6 (a) State agencies shall pay applicable penalties, without requiring that the claimant submit an additional invoice for these amounts, whenever the state…
      • § 927.7 (a) The Controller shall pay claimants within 15 calendar days of receipt of a correct claim from the state agency. If the Controller fails to make payment…
      • § 927.8 State agencies shall avoid seeking any additional appropriation to pay penalties that accrue as a result of the agency’s failure to make timely payments as…
      • § 927.9 (a) Except as provided in subdivision (c), on an annual basis, within 90 calendar days following the end of each fiscal year, state agencies shall provide the…
      • § 927.10 State agencies shall encourage claimants to promptly pay their subcontractors and suppliers, especially those that are small businesses. In furtherance of this…
      • § 927.11 (a) Except in the case of a contract with a resource conservation district, a certified small business, a nonprofit organization, or a nonprofit public benefit…
      • § 927.12 Section 926.10 shall not apply to any contract covered by this chapter.
      • § 927.13 (a) Unless otherwise provided for by statute, any state agency that fails to submit a correct claim to the Controller within 30 days of receipt of a notice of…
    6. CHAPTER 5. Claims Procedures Established by Agreement §§ 930–930.6 · 4 sections
      • § 930 (a) Any state agency may include in any written agreement to which the agency is a party, provisions governing the following: (1) The presentation, by or on…
      • § 930.2 The governing body of a local public entity may include in any written agreement to which the entity, its governing body, or any board or employee thereof in…
      • § 930.4 A claims procedure established by agreement made pursuant to Section 930 or Section 930.2 exclusively governs the claims to which it relates, except that if…
      • § 930.6 A claims procedure established by agreement made pursuant to Section 930 or Section 930.2 may include a requirement that a claim be presented and acted upon as…
    7. CHAPTER 6. Claims Procedures Established by Public Entities §§ 935–935.9 · 7 sections
      • § 935 (a) Claims against a local public entity for money or damages which are excepted by Section 905 from Chapter 1 (commencing with Section 900) and Chapter 2…
      • § 935.2 A charter provision, or a local public entity by ordinance or resolution, may establish a claims board or commission of not less than three members to perform…
      • § 935.4 A charter provision, or a local public entity by ordinance or resolution, may authorize an employee of the local public entity to perform those functions of…
      • § 935.6 (a) The Department of General Services may authorize any state agency to settle and pay claims filed pursuant to Section 905.2 if the settlement does not…
      • § 935.7 (a) Notwithstanding Section 935.6, the Department of Transportation may deny or adjust and pay any claim arising out of the activities of the department…
      • § 935.8 The Judicial Council may adjust and pay any claim arising out of the activities of a judicial branch entity or judge thereof. The Judicial Council may adopt…
      • § 935.9 The Trustees of the California State University may adjust and pay any claim arising out of the activities of the California State University. The Trustees of…
  4. PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES §§ 940–962 · 43 sections
    1. CHAPTER 1. General §§ 940–944 · 8 sections
      1. ARTICLE 1. Definitions §§ 940–940.6 · 5 sections
        • § 940 Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this part.
        • § 940.2 “Board” means: (a) In the case of a local public entity, the governing body of the local public entity. (b) In the case of the state, except as provided by…
        • § 940.3 A “judicial branch entity” is a public entity and means any superior court, court of appeals, the Supreme Court, the Judicial Council, or the Administrative…
        • § 940.4 “Local public entity” includes a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the…
        • § 940.6 “State” means the State and any office, officer, department, division, bureau, board, commission or agency of the State claims against which are paid by…
      2. ARTICLE 2. Construction §§ 942–944 · 3 sections
        • § 942 Nothing in this division shall be construed to deprive a claimant of the right to resort to writ of mandate or other proceeding against the public entity or…
        • § 943 This part does not apply to claims or actions against the Regents of the University of California nor to claims or actions against an employee or former…
        • § 944 Nothing in this part imposes liability upon a public entity unless such liability otherwise exists.
    2. CHAPTER 2. Actions Against Public Entities §§ 945–949 · 13 sections
      • § 945 A public entity may sue and be sued.
      • § 945.2 Except as otherwise provided by law, the rules of practice in civil actions apply to actions brought against public entities.
      • § 945.3 No person charged by indictment, information, complaint, or other accusatory pleading charging a criminal offense may bring a civil action for money or damages…
      • § 945.4 Except as provided in Sections 946.4 and 946.6, no suit for money or damages may be brought against a public entity on a cause of action for which a claim is…
      • § 945.6 (a) Except as provided in Sections 946.4 and 946.6 and subject to subdivision (b), any suit brought against a public entity on a cause of action for which a…
      • § 945.8 Except where a different statute of limitations is specifically applicable to the public entity, and except as provided in Sections 930.6 and 935, any action…
      • § 945.9 (a) A claim arising out of an alleged sexual assault by a law enforcement officer if the alleged assault occurred while the officer was employed by a law…
      • § 946 Where a claim that is required to be presented to a public entity in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with…
      • § 946.4 (a) Where provision is made by or pursuant to law that no suit may be brought against a public agency as defined in Section 53050 unless and until a claim is…
      • § 946.6 (a) If an application for leave to present a claim is denied or deemed to be denied pursuant to Section 911.6, a petition may be made to the court for an order…
      • § 948 (a) The head of the state agency concerned, upon recommendation of the Attorney General or other attorney authorized to represent the state, may settle,…
      • § 948.1 The Judicial Council may settle, adjust, or compromise any pending action arising out of the activities of a judicial branch entity or judge thereof. The…
      • § 949 The governing body of a local public entity may compromise, or may delegate the authority to its attorney or an employee to compromise, any pending action.
    3. CHAPTER 3. Actions Against Public Employees §§ 950–951 · 6 sections
      • § 950 Except as otherwise provided in this chapter, a claim need not be presented as a prerequisite to the maintenance of an action against a public employee or…
      • § 950.2 Except as provided in Section 950.4, a cause of action against a public employee or former public employee for injury resulting from an act or omission in the…
      • § 950.4 A cause of action against a public employee or former public employee is not barred by Section 950.2 if the plaintiff pleads and proves that he did not know or…
      • § 950.6 When a written claim for money or damages for injury has been presented to the employing public entity: (a) A cause of action for such injury may not be…
      • § 950.8 Any provision of a charter, ordinance or regulation heretofore or hereafter adopted by a local public entity which requires the presentation of a claim as a…
      • § 951 Notwithstanding Section 425.10 of the Code of Civil Procedure, any complaint for damages in any civil action brought against a publicly elected or appointed…
    4. CHAPTER 4. Special Provisions Relating to Actions Against the State §§ 955–956 · 9 sections
      • § 955 The proper court for trial of actions against the State for the taking or damaging of private property for public use is a court of competent jurisdiction in…
      • § 955.1 (a) The science of earthquake prediction is developing rapidly and, although still largely in a research stage, these predictions are now being initiated and…
      • § 955.2 Notwithstanding any other provision of law, where the State is named as a defendant in any action or proceeding for death or injury to person or personal…
      • § 955.3 Notwithstanding any provision of law, when a city, county, or city and county, or local agency is a plaintiff in an action or proceeding against the State of…
      • § 955.4 Except as provided in Sections 811.9, 955.6, 955.8, and 955.9: (a) Service of summons in all actions on claims against the state shall be made on the Attorney…
      • § 955.6 In actions for the taking or damaging of private property for public use within the meaning of Section 19 of Article I of the Constitution on claims arising…
      • § 955.8 In actions for the taking or damaging of private property for public use within the meaning of Section 14 of Article I of the Constitution on claims arising…
      • § 955.9 In actions on claims against a judicial branch entity, service of summons shall be made on: (a) The court executive officer, in actions on claims against a…
      • § 956 Whenever the State has acquired by gift, under the will of a decedent or through a decree of distribution in the estate of a decedent, or otherwise than by…
    5. CHAPTER 5. Special Provisions Relating to Actions Against Local Public Entities §§ 960–960.8 · 6 sections
      • § 960 As used in this chapter, “public agency” has the meaning given that term by Section 53050.
      • § 960.2 Notwithstanding any provision of law to the contrary, service of process in an action or proceeding against a public agency may be made in the manner provided…
      • § 960.3 (a) If it is shown by affidavit to the satisfaction of the court or judge that the circumstances required by Section 960.2 exist, the court or judge may make…
      • § 960.4 Upon receipt of the copies of process pursuant to Section 960.3, the Secretary of State shall give notice of the service of the process to the governing body…
      • § 960.5 The Attorney General, until he is relieved of further responsibility in the manner provided in Section 960.4, or until the matter has been reduced to final…
      • § 960.8 Service of process in an action or proceeding against a public agency may be made in conformity with the information contained in the statement in the Registry…
    6. CHAPTER 6. Postjudgment Settlement Conference § 962 · 1 section
      • § 962 Upon entry of a verdict against a public entity in excess of one hundred thousand dollars ($100,000) in an action for personal injury or wrongful death, the…
  5. PART 5. PAYMENT OF CLAIMS AND JUDGMENTS §§ 965–985 · 42 sections
    1. CHAPTER 1. Payment of Claims and Judgments Against the State §§ 965–965.9 · 11 sections
      • § 965 (a) Upon the allowance by the Department of General Services of all or part of a claim for which the Director of Finance certifies that a sufficient…
      • § 965.1 The Director of General Services may allow a claim filed pursuant to subdivision (c) of Section 905.2 if the settlement amount of that claim does not exceed…
      • § 965.2 (a) The Controller shall draw a warrant for the payment of any final judgment or settlement against the state whenever the Director of Finance certifies that a…
      • § 965.3 (a) The Attorney General shall notify the Controller in writing when all claims for which an appropriation is made to the the Department of Justice or the…
      • § 965.4 The Governor shall report to the Legislature, at each session, all judgments or settlements against the State not theretofore reported.
      • § 965.5 (a) A judgment for the payment of money against the state or a state agency is enforceable until 10 years after the time the judgment becomes final or, if the…
      • § 965.6 Notwithstanding any other provision of law, neither the state nor a judicial branch entity, nor any officers or employees thereof, may be required by any court…
      • § 965.65 (a) If a request is made for certification of availability of funds, approval of a settlement, or inclusion of a claim in a claims bill pursuant to Section…
      • § 965.7 (a) A writ of mandate is an appropriate remedy to compel the state, or an officer or employee of the state, to perform any act required by this chapter. (b)…
      • § 965.8 Where any provision of this division requires a certificate of the Director of Finance or the Director of Transportation that a sufficient appropriation exists…
      • § 965.9 This chapter does not apply to claims, settlements, and judgments against the Regents of the University of California.
    2. CHAPTER 2. Payment of Judgments Against Local Public Entities §§ 970–978.8 · 29 sections
      1. ARTICLE 1. General §§ 970–971.2 · 9 sections
        • § 970 As used in this article: (a) “Fiscal year” means a year beginning on July 1 and ending on June 30 unless the local public entity has adopted a different fiscal…
        • § 970.1 (a) A judgment is enforceable until 10 years after the time the judgment becomes final or, if the judgment is payable in installments, until 10 years after the…
        • § 970.2 A local public entity shall pay any judgment in the manner provided in this article. A writ of mandate is an appropriate remedy to compel a local public entity…
        • § 970.4 Except as provided in Section 970.6, the governing body of a local public entity shall pay, to the extent funds are available in the fiscal year in which it…
        • § 970.5 Except as provided in Section 970.6, if a local public entity does not pay a judgment, with interest thereon, during the fiscal year in which it becomes final,…
        • § 970.6 (a) The court which enters the judgment shall order that the governing body pay the judgment, with interest thereon, in not exceeding 10 equal annual…
        • § 970.8 (a) Each local public entity shall in each fiscal year include in its budget a provision to provide funds in an amount sufficient to pay all judgments in…
        • § 971 (a) As used in this section: (1) “Judgment resulting from a discretionary act” means a judgment arising from a liability which the local public entity has…
        • § 971.2 (a) All judgments for which a local public entity is liable are legal investments for all trust funds, and for the funds of all insurance companies, banks…
      2. ARTICLE 2. Funding Judgments With Bonds §§ 975–978.8 · 20 sections
        • § 975 As used in this article: (a) “Board” means the governing body of a local taxing entity. (b) “Local taxing entity” means a local public entity that has the…
        • § 975.2 Whenever the board deems it necessary for the local taxing entity to incur a bonded indebtedness to fund all or any portion of an outstanding judgment against…
        • § 975.4 Notice of the hearing shall be given by publication of a copy of the resolution pursuant to Section 6066 in a newspaper of general circulation circulated…
        • § 975.6 The copy of the resolution published or posted shall be accompanied by a notice subscribed by the clerk or secretary of the local taxing entity that: (a) The…
        • § 975.8 At the time and place fixed for the hearing on the resolution or at any time and place to which the hearing is adjourned, the board shall proceed with the…
        • § 976 After the board has made its determination pursuant to Section 975.8, if it deems it necessary to incur the bonded indebtedness, it shall by resolution state:…
        • § 976.2 The resolution made pursuant to Section 976 shall constitute the notice of such election and such resolution shall be published pursuant to Section 6066 in a…
        • § 976.4 The board shall provide for holding the election in the same manner as provided by law in respect to general elections of the local taxing entity so far as…
        • § 976.6 Every elector authorized to vote in general elections of the local taxing entity may vote on the proposition to authorize the bonds.
        • § 976.8 If two-thirds or more of the votes cast upon the proposition at the election are in favor of incurring the bonded indebtedness, the board may issue the bonds…
        • § 977 The board shall prescribe the form of the bonds. The bonds may be issued in denominations not to exceed one thousand dollars ($1,000) and not less than one…
        • § 977.2 The board may provide for the redemption of bonds issued under this article before maturity at prices determined by it. A bond shall not be subject to call or…
        • § 977.4 The bonds shall be signed by the presiding officer of the board and countersigned by the clerk or secretary of the local taxing entity, and the coupons shall…
        • § 977.6 The local taxing entity may sell the bonds at the times or in the manner the board deems to be to the public interest. The bonds shall be sold on sealed…
        • § 977.8 An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil…
        • § 978 Any bonds issued by any local taxing entity under the provisions of this article have the same force, value and use as bonds issued by any municipality and are…
        • § 978.2 Bonds issued under this article constitute general obligations of the local taxing entity for the payment of both principal and interest of which all property…
        • § 978.4 The proceeds from the sale of bonds issued pursuant to this article shall not be used for any purpose other than the purpose stated in the resolution…
        • § 978.6 The board may by resolution adopted by two-thirds vote of all its members declare that no part of a described bond issue authorized under this article which…
        • § 978.8 The authority provided in this article is in addition and supplementary to any other law authorizing public entities to issue bonds to fund an outstanding…
    3. CHAPTER 3.7. Procedures Applicable to State and Local Public Entities § 984 · 1 section
      • § 984 (a) As used in this section, “not insured” includes a public entity that has no liability insurance or is self-insured by itself, or through an insurance…
    4. CHAPTER 4. Procedures Applicable to State and Local Public Entities § 985 · 1 section
      • § 985 (a) As used in this section: (1) “Collateral source payment” includes either of the following: (A) The direct provision of services prior to the commencement…
    5. CHAPTER 4. Procedures Applicable to State and Local Public Entities
  6. PART 6. INSURANCE §§ 989–991.2 · 9 sections
    • § 989 As used in this part, “local public entity” means any public entity except a state agency covered by Section 11007.4 of the Government Code.
    • § 990 Except for a liability which may be insured against pursuant to Division 4 (commencing with Section 3200) of the Labor Code, a local public entity may: (a)…
    • § 990.2 The Judicial Council may insure any officer or attaché of its superior courts against all or any part of the officer or attaché’s liability for injury…
    • § 990.4 The insurance authorized by this part may be provided by: (a) Self-insurance, which may be, but is not required to be, funded by appropriations to establish or…
    • § 990.6 The cost of the insurance authorized by this part is a proper charge against the local public entity.
    • § 990.8 (a) (1) Any of the following may provide insurance authorized by this part or for any other purpose by any one or more of the methods specified in Section…
    • § 990.9 Any city, county, city and county, or any other local public entity with authority to provide health care services may provide insurance or provide indemnity…
    • § 991 Where an enactment, other than this part, authorizes or requires a local public entity to insure against its liability or the liability of its employees: (a)…
    • § 991.2 Neither the authority provided by this part to insure, nor the exercise of such authority, shall: (a) Impose any liability upon the local public entity or its…
  7. PART 7. DEFENSE OF PUBLIC EMPLOYEES §§ 995–996.6 · 10 sections
    • § 995 Except as otherwise provided in Sections 995.2 and 995.4, upon request of an employee or former employee, a public entity shall provide for the defense of any…
    • § 995.2 (a) A public entity may refuse to provide for the defense of a civil action or proceeding brought against an employee or former employee if the public entity…
    • § 995.3 (a) If a state employee provides his or her own defense against an action brought for an alleged violation of Section 8547.3, and if it is established that no…
    • § 995.4 A public entity may, but is not required to, provide for the defense of: (a) An action or proceeding brought by the public entity to remove, suspend or…
    • § 995.6 A public entity is not required to provide for the defense of an administrative proceeding brought against an employee or former employee, but a public entity…
    • § 995.8 A public entity is not required to provide for the defense of a criminal action or proceeding (including a proceeding to remove an officer under Sections 3060…
    • § 995.9 Notwithstanding any other provision of law, upon a request made in writing to a public entity, the public entity may defend or indemnify or defend and…
    • § 996 A public entity may provide for a defense pursuant to this part by its own attorney or by employing other counsel for this purpose or by purchasing insurance…
    • § 996.4 If after request a public entity fails or refuses to provide an employee or former employee with a defense against a civil action or proceeding brought against…
    • § 996.6 The rights of an employee or former employee under this part are in addition to and not in lieu of any rights he may have under any contract or under any other…
  8. PART 8. SAN FRANCISCO-OAKLAND BAY BRIDGE AND I-880 CYPRESS STRUCTURE DISASTER RELIEF §§ 997–997.6 · 7 sections
    • § 997 The Legislature finds and declares that, in order to aid the victims of the collapse of the San Francisco-Oakland Bay Bridge and the I-880 Cypress structure…
    • § 997.1 (a) Any person may file an application with the Department of General Services for compensation based on personal property loss, personal injury, or death,…
    • § 997.2 The application of any individual who was injured as a result of the collapse of the Bay Bridge or I-880 Cypress structure caused by the October 17, 1989,…
    • § 997.3 (a) If the board determines that an applicant pursuant to this part is eligible for compensation, and upon receipt of all information it deems necessary to…
    • § 997.4 For the purpose of computing the time limits applicable to the date of the accrual of a cause of action against any party, other than the State of California,…
    • § 997.5 There is hereby created within the State Treasury the San Francisco-Oakland Bay Bridge and I-880 Cypress Structure Disaster Fund for the purpose of paying,…
    • § 997.6 The board may adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 to implement this part. The adoption…
  9. PART 9. LAKE DAVIS NORTHERN PIKE ERADICATION PROJECT RELIEF ACCOUNT §§ 998–998.3 · 4 sections
    • § 998 The Legislature finds and declares that in order to alleviate the economic and social disruptions arising out of the Lake Davis Northern Pike Eradication…
    • § 998.1 (a) The sum of two million eight hundred sixty-seven thousand six hundred sixty-seven dollars ($2,867,667) is hereby transferred from the Lake Davis Northern…
    • § 998.2 (a) Any person or business may file an application with the Department of General Services for compensation based on personal injury, property loss, business…
    • § 998.3 (a) If the office of the Attorney General or its designee determines that an applicant pursuant to this part is eligible for compensation, upon receipt of all…