What is the deadline to sue a California city, county, or the State?

To sue a California city, county, or the State for injury or property damage, you must first present a written claim to the entity within six months of the harm under Government Code section 911.2. Suit generally follows within six months of a written rejection under Government Code section 945.6.

Six months — for the claim that must come before the lawsuit. Under the Government Claims Act, a claim for personal injury or property damage against a California public entity must be presented in writing to that entity within six months of the harm (Government Code section 911.2). Only after the entity rejects the claim, or 45 days pass without action, may a lawsuit be filed — generally within six months of a written rejection (Government Code section 945.6). This trap catches injuries involving city vehicles, public sidewalks, school districts, transit agencies, and county hospitals, where people assume the ordinary two-year injury deadline applies. A late claim application is possible within one year on grounds like excusable neglect (section 911.4), but relief is discretionary and contested. Federal civil rights claims under 42 U.S.C. § 1983 are the main exception — they skip the claim requirement entirely.

Authority: Cal. Gov. Code § 911.2