PART 3. CLAIMS AGAINST PUBLIC ENTITIES
Part 3 added by Stats. 1963, Ch. 1715.
§§ 900–935.9 · 81 sections
CHAPTER 1. General §§ 900–907 · 18 sections
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…
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…
CHAPTER 2. Presentation and Consideration of Claims §§ 910–915.4 · 22 sections
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…
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…
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…
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…
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…
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…
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…