If you missed the six-month deadline to file a government claim in California, you can still ask the public entity for permission to file late by submitting an Application for Leave to Present a Late Claim. The application has to reach the agency within one year of the incident, explain in writing why you missed the original deadline, and include a complete proposed claim attached to it.1California Legislative Information. California Code GOV 911.4 The agency then has 45 days to grant or deny the request. If it denies you, or lets the 45 days pass without acting, you have six months to petition the superior court for relief.
This process applies when you missed the six-month deadline for a personal injury, wrongful death, or personal property damage claim. Claims based on breach of contract or damage to real property carry a one-year original deadline, and different rules govern what happens if you miss that.2California Courts | Self Help Guide. Ask a Government Agency to Pay You (Submit a Claim)
The One-Year Hard Deadline
The application must be presented to the agency within a reasonable time, and in no event more than one year after the incident.1California Legislative Information. California Code GOV 911.4 “Reasonable time” is not a fixed number of days. Filing at month eleven is inside the one-year window, but the agency can argue the delay itself was unreasonable. Filing as soon as you realize the original deadline passed strengthens the application.
For claimants who were mentally incapacitated without a guardian or conservator, time spent incapacitated does not count toward the one-year limit. Time spent as a minor does count.
Grounds the Board Must Accept
Under Government Code Section 911.6, the board is required to grant your request if at least one of the following applies:3California Legislative Information. California Government Code 911.6
- Excusable neglect. You missed the deadline because of a genuine mistake, honest misunderstanding, or circumstances that caught you off guard, and the delay did not harm the agency’s ability to defend against the claim. Courts ask whether a reasonably careful person in the same situation could have made the same error. Not knowing about the filing deadline, without more, rarely qualifies.
- You were under 18 for the entire six months after the incident.
- You were under 18 for part of the six-month window, and you submit the application within six months of turning 18 or within one year of the incident, whichever comes first.
- A physical or mental condition prevented you from handling your own affairs for the full six months, and that condition is the reason you missed the deadline.
- Incapacity covered only part of the six months, and you submit the application within six months of regaining capacity or within one year of the incident, whichever comes first.
- The injured person died before the six-month deadline expired. A legal representative can seek late filing on behalf of the estate.
Excusable neglect is the ground most adult claimants rely on, and also the one most often denied. Clerical errors, a documented medical emergency that pulled you away from paperwork, or reliance on bad advice from a professional all have a decent track record. Forgetting the deadline or being unaware of the claims process does not.
What Goes in the Application
Your submission has two parts: the application itself and a complete proposed claim attached to it. Both are required. An application without the proposed claim can be rejected on procedural grounds alone.
The Written Application
The application is your written request for permission to file late, and it must explain specifically why you missed the six-month deadline.1California Legislative Information. California Code GOV 911.4 Be concrete. “I was hospitalized from January through April and could not manage legal matters” is far stronger than “I was unable to file due to circumstances beyond my control.” If you are relying on excusable neglect, describe the mistake or surprise in enough detail that the board can evaluate whether a careful person in your shoes would have made the same error. Attach supporting documents where you have them: medical records, correspondence, anything that pins the explanation to dated evidence.
Some agencies publish a preprinted application form. Others expect a custom letter. For claims against the State of California, the Department of General Services runs the Government Claims Program.4California Department of General Services. File a Government Claim For a city, county, or special district, ask the clerk or secretary of that entity whether a specific form exists. For a California State University campus, applications go to the CSU Office of Risk Management.5California State University. File a Claim
The Proposed Claim
Attached to the application, the proposed claim must contain everything a timely claim would have contained. Under Section 910 that means:6California Legislative Information. California Government Code 910
- Your name and mailing address.
- The address where you want the agency to send correspondence, if different from your mailing address.
- The date, location, and circumstances of the incident.
- A description of the injury, property damage, or other harm, as specifically as you can state it at the time of filing.
- The name of the public employee who caused the harm, if you know it.
- The amount claimed. If the total is under $10,000, state the dollar figure and how you calculated it. If the total exceeds $10,000, do not include a dollar figure; instead, state whether the case would be a limited civil case.
If the board grants your request, this attached claim is treated as filed on the date permission was granted. A vague or incomplete proposed claim can sink an otherwise strong application.
Where to Send It
Section 915 sets out the correct recipient depending on the entity you are filing against.7California Legislative Information. California Code GOV 915
- Local government (city, county, special district): deliver or mail it to the clerk, secretary, or auditor, or mail it to the governing body at its principal office. Electronic submission is allowed only if the entity has specifically authorized it by ordinance or resolution.
- State of California: deliver it to any office of the Department of General Services, or mail it to DGS at its principal office.
- California State University: deliver or mail it to the CSU Office of Risk Management at the Chancellor’s Office.
- Judicial branch entity: deliver or mail it to the court executive officer of the relevant court.
If your application lands at the wrong office but still reaches the correct entity’s clerk, secretary, auditor, or board within the one-year deadline, the law treats it as properly presented. Directing it to the right office from the start avoids delays that could push you past that cutoff. Use certified mail with a return receipt or hand-deliver and get a date-stamped copy. You need proof of when the agency received the paperwork.
What Happens After You File
The board has 45 days from receipt to grant or deny the application. You and the board can agree in writing to extend the period, but the extension must be arranged before the original 45 days expire.3California Legislative Information. California Government Code 911.6
If the board does nothing within 45 days, the application is automatically deemed denied on the 45th day. Silence is not favorable consideration. Count 45 days from the date the agency received your package, and if you have not heard back, treat it as a denial and move to the court petition immediately.
If the board grants the request, the attached proposed claim is treated as filed on the date permission was granted, and the agency then evaluates it on the merits like any timely claim.8California Legislative Information. California Government Code 912.4
If the Agency Denies You: Petition the Superior Court
A denial is not the end. You can file a petition in superior court asking a judge to grant relief and let the claim proceed. The petition must be filed within six months of the date the application was denied or deemed denied.9California Legislative Information. California Government Code 946.6
File in the superior court that would have jurisdiction over a lawsuit based on your claim. The petition must include proof that you applied to the agency and were denied, the reason you missed the original deadline, and all the Section 910 information required in the proposed claim.
The court applies the same criteria the agency uses (excusable neglect, minority, incapacity, or death), with one significant difference. On excusable neglect, the burden shifts. At the agency, the claimant has to show the delay caused no prejudice. In court, the agency has to prove that prejudice exists, and the court will grant relief unless it does.9California Legislative Information. California Government Code 946.6 Claimants who lose at the agency stage sometimes win in court for exactly this reason.
Miss the six-month court petition deadline, and there is generally no further remedy. The claim is permanently barred. That deadline is the hard backstop of the entire process.
Mistakes That Sink Late Claim Applications
Vague explanations are the most common problem. “Circumstances beyond my control” gives the board no basis to find excusable neglect. Describe the specific events, with dates, and attach documentation where you can.
Submitting the application without the proposed claim attached is another frequent error. The statute requires both together, and an application arriving alone can be rejected outright.
Filing with the wrong entity causes delays that can push you past the one-year cutoff. A claim about a city police officer goes to the city clerk, not the county. A claim about a state highway maintenance crew goes to DGS, not the local transportation department. Identify the specific public entity whose employee caused the harm and route your paperwork accordingly.
Watch both calendars. The one-year deadline for the application and the six-month deadline to petition the court after a denial are hard cutoffs. Courts have very little discretion to extend either one.