Claims against public entities.

Existing law, the Government Claims Act, prescribes the procedure for claims and actions against public entities, including local entities, and their employees. Existing law requires certain claims, such as those relating to causes of action for death or for injury to a person or personal property, to be presented within 6 months after their accrual. For these actions, if a claim is not filed within the 6-month period, existing law authorizes an application for leave to present a claim to be made to the public entity within a reasonable time, not to exceed one year after the accrual of the cause of action, as specified. Existing law generally requires the relevant public entity review board to grant or deny the application for leave to present the claim within 45 days after it is presented. Existing law requires the application to be granted if one of several conditions is met, including that the person who sustained the alleged injury, damage, or loss was a minor or was physically and mentally incapacitated for the entire 6 months after the accrual of the cause of action, as specified. If the person was physically or mentally incapacitated during that period, existing law requires that the failure to present a claim be a result of the person's disability. This bill would additionally require a board to grant an application for leave to present a claim, as described above, if the person who sustained the alleged injury, damage, or loss was a minor or was physically or mentally incapacitated during any of the 6 months after the accrual of the cause of action, if the application is presented within 6 months of the person turning 18 years of age, or of the person no longer being physically or mentally incapacitated, as applicable, or a year after the claim accrues, whichever occurs first. By increasing the duties of local officials, this bill would impose a state-mandated local program. The bill would also make conforming changes to reflect these new requirements in provisions relating to petitions made to a court upon denial of applications to present a claim. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.