Before Suing the Government: GC 910 Claim
Here Los Angeles DUI and Los Angeles Criminal Defense Attorney answers a question that sometimes our clients ask. Los Angeles DUI and Los Angeles Criminal Defense Attorney does not specialize in this area of law; however, because this issue comes up frequently, Los Angeles DUI and Criminal Defense Attorney provides the following information regarding any damage, injury, or loss of property caused by the government.
For example, if you were hurt during a Los Angeles arrest, or if police destroyed your property during an LAPD arrest or investigation, you need to read this information to know what to do. The law in California requires that, prior to filing a lawsuit, you have to file a claim with the city, county, or state. For example, if the CHP injured you during an arrest, or damaged your property because they used excessive force, you must file the claim by locating or requesting the form through California Department of General Serivces (www.dgs.ca.gov). The purpose of requiring the filing of the claim first is to give the government the opportunity to investigate the claim first and to adjust its budget for any payout of the claim. Here, Los Angeles DUI and Criminal Defense Attorneys only provide some relevant information. Failure to file the claim can result in a complete defense against the civil prosecution. For complete information on how to proceed in a situation where you are hurt by government employees, such as Los Angeles police or any other police, contact an attorney and read California Government Code sections 810 to 996.6.
The basis requirement of claims comes from California Government Code section 910, which says:
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 of the claimant.
(b) The post office address to which the person presenting the claim desires notices to be sent.
(c) The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted.
(d) A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim.
(e) The name or names of the public employee or employees causing the injury, damage, or loss, if known.
(f) The amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case.
Further, California Government Code section 910.4 requires the claim to be filed on a form approved by the government board. The form is available through the local government or state government website or by contacting the clerk of the city/county/state to get a copy of the form.
Next, government Code section 911.2 provides a timeline and cost to file the claim:
(a) A claim relating to a cause of action for death or for injury to a person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) not later than one year after the accrual of the cause of action.
(b) For purposes of determining whether a claim was commenced within the period provided by law, the date the claim was presented to the Department of General Services is one of the following:
(1) The date the claim is submitted with a twenty-five dollar ($25) filing fee.
(2) If a fee waiver is granted, the date the claim was submitted with the affidavit requesting the fee waiver.
(3) If a fee waiver is denied, the date the claim was submitted with the affidavit requesting the fee waiver, provided the filing fee is paid to the department within 10 calendar days of the mailing of the notice of the denial of the fee waiver.
Once the claim if filed, you have to monitor any communication from the government with approval, additional information, denial of the claim or any other notices. If the claim is denied then you have to follow the relevant statutes of limitation in filing a civil lawsuit against the government.
While Los Angeles DUI Attorney and Los Angeles Criminal Defense Attorney do not specialize in lawsuits or claims against the government, we can help you answer basic questions regarding this issue and defend you in any criminal prosecutions you face in Los Angeles or nearby counties, (Orange, San Bernardino, Ventura, Riverside, Kern, etc), especially on matters involving DUI arrests and matters that involve immigration consequences. For a free consultation please call Attorney Alex Andryuschenko directly at 323-464-6424.
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