§ 911.6. — 911.6. (Amended by Stats. 2021, Ch. 218, Sec. 1.)

California § 911.6.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.6.
• Title 1.: DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES
• Part 3.: PART 3. CLAIMS AGAINST PUBLIC ENTITIES
• Ch. 2.: CHAPTER 2. Presentation and Consideration of Claims
• Art. 1.: ARTICLE 1. General

Text

(a)
The board shall grant or deny the application within 45 days after it is presented to the board. The claimant and the board may extend the period within which the board is required to act on the application by written agreement made before the expiration of the period.
(b)
The board shall grant the application if one or more of the following is applicable:
(1)
The failure to present the claim was through mistake, inadvertence, surprise, or excusable neglect and the public entity was not prejudiced in its defense of the claim by the failure to present the claim within the time specified
in Section 911.2.
(2)
The person who sustained the alleged injury, damage, or loss was a minor during all of the time specified in Section 911.2 for the presentation of the claim.
(3)
The person who sustained the alleged injury, damage, or loss was a minor during any of the time specified in Section 911.2 for the presentation of the claim, provided the application is presented within six months of the person turning 18 years of age or a year after the claim accrues, whichever occurs first.
(4)
The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during all of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time.
(5)
The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during any of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time, provided the application is presented within six months of the person no longer being physically or mentally incapacitated, or a year after the claim accrues, whichever occurs first.
(6)
The person who sustained the alleged injury, damage, or loss died before the expiration of the time specified in Section 911.2 for the presentation of the claim.
(c)
If the board fails or refuses to act on an application within the time prescribed by this section, the application
shall be deemed to have been denied on the 45th day or, if the period within which the board is required to act is extended by agreement pursuant to this section, the last day of the period specified in the agreement.

Legislative History

Amended by Stats. 2021, Ch. 218, Sec. 1. (SB 501) Effective January 1, 2022.