Usually, a claim comes first.
Government Code section 945.4 says that a suit for money or damages may not be brought against a public entity, on a cause of action that requires a claim, until a written claim has been presented to the entity and acted on, or deemed rejected, by its board.
That is why many cases against a public entity start months before a summons exists. If your case is at the claim stage, there is no summons to serve yet.
The claim and lawsuit deadlines.
Section 911.2 sets the time to present the claim, counted from when the cause of action accrued. Section 945.6 then sets the time to file suit. Section 946.6 describes a court petition for relief when a late-claim application is denied, which is a matter for an attorney.
| Step | Deadline | Statute |
|---|---|---|
| Present a claim for death, or injury to a person, personal property or growing crops | No later than six months after the cause of action accrued | Gov. Code § 911.2 |
| Present a claim for any other cause of action | No later than one year after the cause of action accrued | Gov. Code § 911.2 |
| File suit after written notice that the claim was rejected | No later than six months after the notice is personally delivered or mailed | Gov. Code § 945.6 |
| File suit when no written notice was given | Within two years from accrual of the cause of action | Gov. Code § 945.6 |
Cities, counties and districts.
Code of Civil Procedure section 416.50 lets a summons be served on a public entity by delivering a copy of the summons and complaint to the clerk, secretary, president, presiding officer or other head of its governing body.
The statute defines a public entity broadly: the state and its offices, departments, boards, commissions and agencies, the Regents of the University of California, counties, cities, districts, public authorities, public agencies and other political subdivisions or public corporations. For a city or county, that usually means the clerk of the city council or board of supervisors.
The State of California.
Government Code section 955.4 provides that, except as other sections provide, service of summons in all actions on claims against the state is made on the Attorney General, who defends those actions.
The listed exceptions name other officials for certain kinds of cases, such as some actions involving state transportation or water projects and judicial branch entities. Check the sections your attorney identifies before choosing the recipient.
Public agencies and the Registry of Public Agencies.
Section 960.8 allows service on a public agency in line with that agency’s statement in the Registry of Public Agencies, kept by the Secretary of State and county clerks. Service made that way, if otherwise lawful, counts as personal service on the agency.
Districts and authorities that are hard to identify are often easiest to serve through the registry statement. Ask for the current statement before service, since an agency can amend it.
Make the record name the recipient’s role.
Because these statutes turn on who receives the papers, the proof of service should name the person served and their title, such as the clerk of the board, along with the office address and time.
If an individual employee is also named as a defendant, that person is served as an individual, separately from the entity.
What to send with the request.
Affid serves and delivers the papers you provide. Deciding whether a claim is required, and whom the law requires you to serve, stays with you or your attorney.
- The entity’s exact legal name, as it appears on your papers
- Whether a claim was presented, and the date of any rejection notice
- The office and person to receive the papers, with their title
- The prepared summons and complaint, or the claim to deliver
- Your deadline
Official sources.
Follow the instructions for your case and check the relevant court’s current requirements. These links provide the official information referenced in this guide; Affid is not affiliated with the courts.
This guide summarizes California statutes on claims and service involving public entities. It is not legal advice. Claim deadlines are strict and have exceptions, so speak with an attorney about your situation before relying on any date here.
