Six months. Learn it, love it, know it.
Six months is the deadline for filing an administrative claim in most incidents that give rise to civil rights-type lawsuits in California, such as the use of excessive force, or unreasonable searches.
That matters because the filing of the administrative claim (and having it rejected by the municipal agency), is a requirement for going to court and bringing a cause of action under California law against an agency.
It’s possible, in some circumstances, to file a late claim, even once the six months has run. But it’s much better to get that claim filed in a timely way in the first place.
It may also be possible to pursue a case based solely on federal law if too much time has passed to be able to raise state claims. But in the best case scenario, you should always try to hit that six-month deadline for filing the administrative claim because some causes of action under California have unique strategic advantages compared to their federal equivalents.
Time has a way of passing. Don’t delay!
If you have questions about how to file an administrative claim, get in touch. We can help.