The Government Claims Act (previously the Tort Claims Act) requires that claims for money damages against local public agencies shall be presented to the public agency before a lawsuit is filed. There are exceptions to this rule and certain types of claims, and claims against certain types of agencies have their own specific claim procedures. (Government Code section 900 et seq.) For example, claims based on federal law are likely excluded from the claim prerequisite.
The purpose of the claims procedure is to allow public agencies an opportunity to analyze and resolve claims before resort to litigation. If the public agency rejects the claim the public agency will likely notify the claimant of that fact and the claimant will then have the choice whether to proceed and file a formal lawsuit.
If a pre-lawsuit claim is not presented when required then a subsequent lawsuit may be tossed by the court for failure to comply with the claim procedures.
The primary lesson here is to be diligent about your rights and remedies. Contact a properly licensed attorney to discuss your legal matters and take advantage of available legal resources like your local law library to educate yourself regarding your matter. Click here for San Diego County Law Library's website.
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