PART 4. ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES
Part 4 added by Stats. 1963, Ch. 1715.
§§ 940–962 · 43 sections
CHAPTER 1. General §§ 940–944 · 8 sections
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…
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.
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.
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…
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…
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…
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…