1 California Government Tort Claims Act Alesa Schachter and Kellie M. Murphy Johnson Schachter & Lewis A Professional Law Corporation Sacramento, CA Pat Vitale CorVel Corporation Sacramento, CA
2 The Government Claims Act except as otherwise provided by statute [a] public entity is not liable for an injury, whether hth such injury arises out of an act or omission of the public entity or a public employee or any other person. (G.C. 815.)
3 The Government Claims Act also includes claim presentation requirements (G.C ) and other matters relating to legal actions against public entities and employees, including statutes tes of limitation and petitions for relief from the claim presentation requirements.
4 The procedural requirements for claim presentation are prerequisites to litigation against a public entity or employee based not only on tort liability, but any state law claim for "money or damages" (GC (G.C ), 4) including breach of contract claims.
5 Subject to certain exceptions, an action for "money or damages" may not be maintained against the "state" or a "public entity" unless a written claim has first been timely presented to the entity and rejected in whole or in part. (G.C. 905, 905.2, )
6 Purpose of Claims Presentation Statutes: The claims presentation requirements serve two basic purposes: p (1) they give the governmental entity an opportunity to settle before suit is brought; and (2) they permit the entity to make an early investigation of the facts.
7 The claims procedures in the Government Claims Act apply to all claims for "money or damages." (G.C. 905, ) 9052)
8 Money or Damages Money or damages" is comprehensive and includes tort claims arising from: Negligence Nuisance Breach of statutory ttt duties Dangerous condition of public property Intentional wrongs, such as: Fraud False arrest Assault and battery Defamation Intentional Infliction of Emotional Distress
9 Breach of contract actions seeking damages are also claims for "money or damages.
10 Can a Claimant Rely on Another Party s Claim? A party can present pese ta claim ca on behalf of multiple claimants (G.C. 910, 910.2) but if that claim cannot be read to expressly include a claimant, that potential plaintiff cannot use that claim. Even though another party may have presented a claim that provided full information to the entity about the alleged basis of liability, which fully applies to the excluded plaintiff, that plaintiff's failure to present a timely claim on his or her own account will bar the plaintiff's action.
11 Examples: Claim filed by minor against medical center for malpractice that did not name parents as claimants or describe any injury to them was insufficient to support causes of action by plaintiff's parents for negligent infliction of emotional distress (Nguyen g y v. Los Angeles (1992) 8 CA4th 729); Personal injury claim by victim held insufficient to satisfy heirs duty to file claim for wrongful death when victim later died d (Lewis i v. San Francisco (1971) 21 CA3d 339); Wrongful death claim presented by widow on her own behalf held edinsufficient to constitute tute compliance ce on behalf of decedent's daughter (Peterson v. Vallejo (1968) 259 CA2d 757)
12 If the plaintiff relies on morethan one legal theory of recovery, the facts underlying each cause of action in the complaint must have been fairly reflected in a timely claim. As long as the facts underlying each cause of action in the complaint were fairly reflected in the timely claim, then the claim served its purpose, i.e., to provide the entity with sufficient information to investigate and evaluate the claim.
13 A cause of action subject to the statutory claim procedure must allege either that t the plaintiff litiffcomplied with claims presentation requirements, or that a recognized exception or excuse for noncompliance exists.
14 If a plaintiff alleges compliance with claims presentation requirements, but the entity's files show no compliance, the entity can request that the court take judicial notice under Evid. Code 452(c) that the entity's records do not contain a claim.
15 Roster of Public Agency Filing Public agencies should maintain a current filing with the Secretary of State of the entity's Statement of Facts, required pursuant to G.C A fil failure to maintain i current information i could result in loss of the protections of the Tort Claims Act.
16 Public agency includes a district, a public authority, public agency and any political l subdivision i i in the State, t but does not include the State, a county or a city. (G.C )
17 Government Code section provides: (a) Where provision is made by or pursuant to law that no suit may be brought against a public agency as defined in Section unless and until a claim li is presented to the agency, the failure fil to present a claim does not constitute a bar or defense to the maintenance of a suit against such public agency if, during the 70 days immediately following the accrual of the cause of action:
18 (1) No statement pertaining to the public agency is on file, or is placed on file, in the Roster of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintainsanoffice, an asrequired by Section53051;or or (2) A statement or amended statement pertaining to the public agency is on file, or is placed on file, in the Roster of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, but the information contained therein is so inaccurate or incomplete that it does not substantially conform to the requirements of Section
19 (b) On any question of fact arising within the scope of paragraphs (1) and (2) of subdivision (a), the burden of proof is upon the public agency
20 Public entities lose the protections of the Tort Claims Act entirely where there has been no filing of any kind. Further, public entities are vulnerable to losing the protections of the Tort Claims Act where the information in the filing is "so inaccurate or incomplete that it does not substantially conform to the requirements ofsection
21 Government Code section provides: (a) Within seventy (70) days after the date of commencement of its legal existence, the governing body of each public agency shall file with ihthe Secretary of State on a form prescribed by the Secretary of State and also with the county clerk of each county in which the public agency maintains an office, a statement of the following facts: 1. The full, legal name of the public agency.
22 2. The official mailing address of the governing body of the public agency. 3. The name and residence or business address of each member of the governing body of the public agency. 4. The name, title, and residence or business address of the chairman, president, or other presiding officer, and clerk or secretary of the governing body of such public agency.
23 (b) Within 10 days after any change in the facts required to be stated pursuant to subdivision (a), (), an amended statement containing the information required by subdivision (a) shall be filed as provided therein. The information submitted to the Secretary of State shall be on a form prescribed by the Secretary of State. (c) It shall be the duty of the Secretary of State and of the county clerk of each county to establish and maintain an indexed "Roster of Public Agencies," to be so designated, which shall contain all information filed as required in subdivisions (a) and (b), which roster is hereby declared to be a public record.
24 A danger lies in allowing information in a filing to become inaccurate or incomplete. Courts have held that claimants are entitled to completely ignore the claims presentation requirements of the Tort Claims Act when information is too inaccurate or incomplete.
25 Even more onerous is the California Supreme Court's holding that a claimant, in failing to file a tort claim, does not need to show that they were confused dby the public agency's filing. (Wilson v. San Francisco Redevelopment Agency (1977) 19 Cal.3d 555.) Therefore, even if a claimant was actually aware of the requirements to file a tort claim, and their failure was not caused by any information contained in the public entity's Statement of Facts on file with the Secretary of State, t the claimant li tis still excused from the requirements of filing a tort claim.
26 Recommendations: It is recommended that public entities regularly update their Statement of Facts on file with the Secretary of State. Handouts include a copy of the form taken from the Secretary of State's website for the filing of this information.
27 Specifically and most importantly, tl the legal l name and official mailing address must be completely accurate for all filings. Further, anytime the legal name or the official mailing address of the public entity is changed, this filing must be updated. A change of this nature affects the information needed by any claimant to properly present a tort claim to the public entity. Failure to include this current information has beenheldto beper se non compliance, andthe protections of the Tort Claims Act are lost.
28 Anytime an election has resulted in a change of board members, the chairman, president, presiding officer, secretary, or clerk, a new filing should be made updating the most current information.
29 Excepted Claims (Not for Money or Damages) Examples: Petition for Writ of Mandamus: A proceeding in mandamus seeking an order compelling a public officer to perform a mandatory duty to disburse public funds allegedly detained wrongfully is not an action for "money or damages" within the meaning of G.C A request for back pay and benefits incidental to a mandamus action for reemployment is not a claim for money and damages within the scope of G.C But other employment claims may be.
30 Excepted Claims (Not for Money or Damages) (cont) Suit for injunctive relief Claims under the Fair Employment & Housing Act (FEHA) are not subject to the claims procedure. But non FEHA employment claims are not exempt. Federal claims, such as claims based on violation of civil rights statutes (42 U.S.C. 1983, 42 U.S.C. 1981) are not subject to claim procedure.
31 Excepted Claims (Not for Money or Damages) (cont) Claims against the Regents of the University of California are expressly excluded dfrom the claims li procedures by G.C (See G.C. 943.)
32 The same claim requirements apply to claims against public employees. The employee must have been acting within the scope of his employment as a public officer or employee at the time of the alleged tort.
33 Government Code section 910(e) requires that the claimant state the name of the public employee only "if known.
34 Exception: If the plaintiff did not know or have reason to know, "within the period for the presentation of a claim to the employing public entity, " that the injury "was caused by an act or omission of the public entity or by an act or omission of an employee, compliance is not required. (G.C )
35 Substantial Compliance If a claim provides the entity with timely notice of the nature of the claim, a court may hold thattheclaim the substantially complied with statutory requirements for a valid claim and that it should therefore be treated as valid, despite technical deficiencies.
36 Substantial compliance cannot cure total omission of an essential requirement for a valid claim. Substantial compliance excuses claims that give public entities theessentialessential information they need despite the claims' deficiencies; but a claimant who omits essential information cannot invoke substantial compliance.
37 The substantial compliance doctrine cannot cure a claimant's failure to attempt to comply meaningfully withtheclaims the statutes. The doctrine does not apply if the claimant does not attempt to present a claim, but later contends that some other document served the same purpose as a claim.
38 Examples: The Court held that two letters sent by an attorney advising the public entity of a demand for monetary damages and threatening litigation if not resolved was insufficient to constitute a Tort Claim because the time frame provided for by the attorney for the public entity to respond did not adhere to the procedures in the Tort Claims Ca Act (ShaeferDixon o v. Santa Ana (1996) 48 CA4th 524.). A series of documents cannot collectively constitute substantial compliance with ihthe Tort Claims Act (Dilts v. Cantua Ele Sch Dist (1987) 189 CA3d 27).
39 Actual notice of the alleged circumstances is not an excuse for failure to comply with the Tort tclaims At Act.
40 Substantial compliance does not apply if a claim is presented to the wrong public entity.
41 Waiver & Estoppel Excuses: Waiver and estoppel may be asserted to excuse noncompliance with claims presentation statutes. Waiver is the intentional relinquishment of a known right after full llknowledge of the facts; estoppel, however, applies when the conduct of one side has induced the other to take such a position that it would be injured if the first should be permitted to repudiate its acts.
42 Estoppel often results from false or misleading statements or concealments about the claim li or its settlement: t made by the entity's employees or agents; with knowledge of the claims procedure; to a claimant or someone acting for him or her who is ignorant of the procedure; when the claimant detrimentally relies on the statements or concealments.
43 Required Elements of a Claim: The essential contents of a claim include: The names and addresses of the claimant and the person to whom notices are to be sent; A statement of the "date, place, and other circumstances of the occurrence or transaction ; A description of the indebtedness, obligation, injury, damage, or loss incurred, as far as they are known when the claim is presented; The name of the public employee who caused the injury, if known; and The amount claimed, if less than $10,000, on the date the claim is presented or, if more than $10,000, 000 no dollar amount is to be included, but the claim must state whether the claim is to be a limited civil case. (G.C. 910)
44 An entity cannot refuse to accept claim because it wasn t on that entity s special ilform.
45 Time Limits for Presentation Claims "relating to" causes of action for death, injury to person, injury to personal property, and injury to growing crops must be filed within 6 months (or 182 days) after a cause of action accrues. Claims relating to "any "other" cause of action (e.g., damage to real property and most actions for breach of contract) must be filed within 1 year after accrual. (G.C )
46 A mailed claim is deemed received when the claimant deposits it in the mail in a properly addressed, d postage paid sealed envelope. (G.C (a).)
47 Accrual of Cause of Action: A claim must be presented within 6 months or, if appropriate, 1 year after the accrual of the cause of action." (GC (G.C (a).) The accrual date marks the starting point for calculating the claims presentation period.
48 A cause of action for defamation may have multiple li l accrual dates if the original ii publication of the defamatory statement is republished. In certain cases, the delayed discovery rule may extend the time limit to present a claim.
49 Childhood Sexual Abuse: Under CCP 340.1, actions against public entities for childhood sexual abuseareare exempt from theclaims presentation requirements for conduct occurring after January 1, (G.C. 905(m).) For conduct occurring bf before January 1, 2009, a timely claim is a prerequisite to maintaining an action for negligence arising out of sexual abuse, notwithstanding CCP 340.1, which extends the time during which an individual may bring an action for childhood sexual abuse. A cause of action based on sexual molestation when the molestation is continuous accrues on the date of the last act of molestation.
50 Statute of Limitations for Childhood hldh d Sexual Abuse: Code of Civil Procedure section provides in relevant part: "(a) () In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within eight years of the date the plaintiff attains the age of majority or within three years of the date the plaintiff discovers or reasonably shouldhavehave discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later, for any of the following actions:
51 (1) An action against any person for committing an act of childhood sexual abuse. (2) An action for liability against any person or entity who owed a duty of care to the plaintiff where a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual abuse which resulted in the injury to the Plaintiff. (3) An action for liability against any person or entity where an intentional act by that person or entity was a legal cause of the childhood sexual abuse which resulted in the injury to the Plaintiff.
52 Notice of Insufficiency: Within 20 days after a claim is presented, the public entity may give the claimant written notice of any substantial defects or omissions that prevent the claim from substantially complying with the requirements of G.C. 91O and The entity cannot take action on the claim for 15 days after it provides a notice of insufficiency. (G.C )
53 Failure of the entity to provide this notice constitutes waiver of any defense based on the defect or omission. (G.C. 911.)
54 Eampleof Example Claim & Notice of Insufficiency
55 Amendment of Claim: The Act also authorizes amendment of a claim before the period for claims presentation has expired, or before final action on the claim li is taken tk by the entity, whichever is later. (G.C ) This means that a claim may be amended and any defects cured, even after it has been rejected, as long as the time allowed to present claims li has not expired.
56 45 day Rule: The public entity must act on a claim li within 45 days after the claim has been presented." (G.C (a ).)
57 A claim is "presented when it is placed in the mail, not when it is received. Mailing extends any period of notice or duty to respond by 5 days if the address is in California, 10 days for addresses outside of California, and 20 daysif the place of address is outside of the United States. (G.C (b).) )
58 If the claim is delivered or mailed to the wrong address, but the correct recipient ultimately received it, presentation occurred on actual receipt. (GC (G.C. 915(e).) ) An entity's failure to take action on the claim within 45 days is, by operation of law, deemed rejection of the claim. (G.C. 9124) )
59 The board of a public entity is authorized, within 45 days to: Reject the claim entirely; Allow it in full; Allow it in part and reject the balance; Compromise it, (G.C (a)); or Do nothing, and allow the claim to be denied by operation of law (G.C (c)).
60 The public entity must give written notice of its action on a claim, or of the inaction that, under GC G.C , constitutes a rejection of the claim by operation of law. (GC (G.C. 913).
61 If an entity fails to provide statutory notice under G.C. 913, the applicable statute of limitations is extended to 2 years after the cause of action accrues rather than 6 months after notice is given. (G.C )
62 Even if the entity does not give the 913 notice within 45 days of the claim's presentation, and the claim is deemed rejected by operation of law, the entity can still serve a 913 notice any time. Once it does so, the 2 year statute of limitations is superseded by the 6 month statute of limitations, which runs from the date the entity delivered or mailed the 913 notice.
63 Example of Notice.
64 Late Claims: When a claim that is required to be presented within 6 months after accrual of the cause of action is presented late (without an application to present a late claim), "the board or other person designated by it may, at any time within 45 days after the claim is presented, give writtennoticenotice to thepersonpresenting presenting the claim that the claim was not filed timely and that it is being returned without further action. (GC (G.C (a).) )
65 Example of Notice.
66 If the public entity does not provide this notice within 45 days after the claim is presented, any defense on the time limit to present a claim is waived. (G.C (b).) )
67 Example of Hybrid Rejection.
68 Late Claims Procedure: The failure to present a claim within the 6 month claim presentation period may be excused on a showing of special circumstances. (G.C. (GC 911.4, 911.6, 911.8, 912.2, ) The late claim procedure applies only to 6 month claims and is not available for claims that are late under the 1 year rule.
69 The claimant must first apply to the entity for leave to present the claim after the 6 month period has expired. (G.C (a).) The application must be presented within a reasonable time not to exceed 1 year after the accrual of the cause of action. (G.C (b).) )
70 The entity has 45 days to grant or deny the application (G.C (a).) Failure to act within that period operates as denial of the application on the 45 th day. (GC (G.C (c).) )
71 If the entity denies the application, the claimant has 6 months in which to petition the court for an order for relief from the requirement of G.C that a timely written claim be presented. (G.C (a) (b).) Failure to petition the court after denial of the application, unless excused, (e.g., because of equitable estoppel), usually bars action on the claim.
72 If the court grants the petition, the claimant must file a civil lawsuit within a special 30 day limitations period. (G.C. (GC 946.6(f).)
73 The entity must grant the application to present a late claim if the failure is due to one or more of the following: mistake, inadvertence, surprise, or excusable neglect (and there has been a no prejudice to the entity); Claimant's minority status during the entire claim presentation period; Claimant's mental or physical incapacity during the entire claim presentation period; and Claimant's death during the claim presentation period. (G.C )
74 The time during which the person who sustained the alleged injury... is mentally incapacitated and does not have a guardian or conservator of his or her person shall not be counted toward the 1 year deadline for presenting the claim. (G.C (c)(1).)
75 After considering the late claim application, the entity may grant the request, in which case the claim attached to the application is deemed to have been presented to the board on the day the request is granted. (G.C ) Thereafter, the governing board must grant or deny the claim itself, within 45 days.
76 Alternatively, thegoverning board may deny the application for late claim relief on the ground that: It was not timely presented; Adequate proof of one or more of the statutory grounds for late claim relief was not presented; or The entity was prejudiced by the delay, and the ground asserted for relief is mistake, inadvertence, surprise, or excusable neglect.
77 The entity must give written notice (under G.C ) to the claimant (or designee) of the action taken on the application. (G.C (a).) If the application is denied, the written notice must contain a warning concerning the limitations period for filing a petition and the right to consult an attorney in substantially the form specified in G.C (b).
78 Example of Notice.
79 Thank You Alesa Schachter law.comlaw law.com Kellie Murphy law.com law.com Pat Vitale com
VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a
California s Protection & Advocacy System Toll-Free (800) 776-5746 Filing Claims against the Government under the California Tort Claims Act 1. Introduction August 2001, Pub #5229.01 In California, before
AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and
california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with
13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction
NEW ERA LIFE INSURANCE COMPANY GENERAL AGENT S CONTRACT For Name Of Address City State Zip P.O. Box 4884 Houston, Texas 77210-4884 200 Westlake Park Blvd. Suite # 1200 Houston, Texas 77079 1-800-713-4680
COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction
As amended by Chapter 16 of the 2013 Minnesota Session Laws. 15C.01 DEFINITIONS MINNESOTA FALSE CLAIMS ACT Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings
Court Services and Offender Supervision Agency for the District of Columbia Page 2 III. DELEGATION OF AUTHORITY The General Counsel is delegated authority pursuant to 28 U.S.C. 2672 to consider, ascertain,
SUPERIOR COURT OF THE COUNTY OF LOS ANGELES If you are a subscriber of Kaiser Foundation Health Plan, Inc. and you, or your dependent, have been diagnosed with an autism spectrum disorder, you could receive
3721L.01I AN ACT To amend chapter 383, RSMo, by adding thereto thirteen new sections relating to the Missouri health care arbitration act. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,
CORNERSTONE A-SIDE MANAGEMENT LIABILITY INSURANCE COVERAGE FORM THIS IS A CLAIMS MADE POLICY WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ AND REVIEW THE POLICY CAREFULLY. In consideration
BILL ANALYSIS C.S.S.B. 1309 By: Wentworth Civil Practices Committee Report (Substituted) BACKGROUND AND PURPOSE C.S.S.B. 1309 gives the State of Texas civil remedies to be invoked by the attorney general
Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza
SENATE BILL 1ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, INTRODUCED BY Joseph Cervantes 1 ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE AN ACT RELATING TO CIVIL ACTIONS; CLARIFYING
Bill 34 The New Limitation Act: Significant Changes and Transition Issues Explained A Presentation for CLE Employment Law Conference 2013 Pan Pacific Hotel Vancouver, BC May 9, 2013 Carman J. Overholt,
Minnesota False Claims Act Minnesota Stat. 15C.01 to 15C.16) 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.
SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES If You Bought Mario Badescu Healing Cream or Control Cream At Any Time Since February 15, 2009 You Could Get One or Two $45 Certificates
Title XLV TORTS Chapter 768 NEGLIGENCE View Entire Chapter 768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification;
Article 5. Limitations, Other than Real Property. 1-46. Periods prescribed. The periods prescribed for the commencement of actions, other than for the recovery of real property, are as set forth in this
LIMITATION OF CERTAIN ACTIONS ACT CHAPTER 7:09 Act 36 of 1997 Amended by 2 of 2000 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1 18.. L.R.O. 2 Chap. 7:09 Limitation of Certain Actions
ACKNOWLEDGEMENT OF RECEIPT OF WESTERN DENTAL S NOTICE OF PRIVACY PRACTICE By signing this document, I acknowledge that I have received a copy of Western Dental s Joint Notice of Privacy Practices. Name
Filed 2/11/15 Estate of Thomson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified
CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any
Performance Bond Document A312 2010 CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place of business) OWNER: (Name, legal status and address) CONSTRUCTION CONTRACT
Kentucky Department of Education Version of Document A312 2010 Performance Bond CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place of business) OWNER: (Name, legal
AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the District of Columbia Procurement Practices Act of 1985 to make the District s false claims act consistent with federal law and thereby qualify
SEPARATION AGREEMENT AND GENERAL RELEASE This Separation Agreement and General Release ( this Agreement ) is made and entered into by and between ( Employee ) and ( the Agency ) (collectively, the Parties
388 Blohm Ave. PO Box 388 Aromas CA 95004-0388 (831)726-3155 FAX (831)726-3951 email email@example.com May 6, 2015 To: All Plan Holders From: Vicki Morris General Manager Subject: Water Serviceline Installation
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA VERA WILLNER, ET AL. V. MANPOWER INC., CASE NO. 3:11-CV-02846-JST (MEJ) IMPORTANT: You are not being sued. Please read this Notice carefully.
Wisconsin AB 19 (2013) (a) Personal injury claim" means any claim for damages, loss, indemnification, contribution, restitution or other relief, including punitive damages, that is related to bodily injury
AIA Document A310 TM 2010 Bid Bond CONTRACTOR: OWNER: «Lane County» «125 East Eighth Avenue BOND AMOUNT: $ PROJECT: (Name, location or address, and Project number, if any) «Lane County Adult Corrections
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SHORT
DISTRICT COURT, EL PASO COUNTY, COLORADO Court address: P.O. Box 2980 270 South Tejon Street Colorado Springs, CO 80903 DATE FILED: July 29, 2014 2:12 PM CASE NUMBER: 2013CV2249 Phone Number: (719) 452-5279
Page 1 of 12 I. PURPOSE The purpose of this policy is to comply with the requirements in Section 6032 of the Deficit Reduction Act of 2005 (the DRA ), which amends Section 1902(a) of the Social Security
Stricken language would be deleted from and underlined language would be added to present law. State of Arkansas 90th General Assembly A Bill Regular Session, 2015 SENATE BILL 830 By: Senator D. Sanders
A Stock Insurance Company, herein called the Company PUBLIC ENTITY POLICY LAW ENFORCEMENT LIABILITY COVERAGE FORM OCCURRENCE COVERAGE Various provisions in this policy restrict coverage. Please read the
(hereinafter called "the Company") MASSACHUSETTS CUSTOMIZED PRACTICE COVERAGE TITLE INSURANCE AGENT LIABILITY COVERAGE UNIT In consideration of the payment of the premium, in reliance upon the statements
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the
Article 2. Real Estate Education and Recovery Fund. 93A-16. Real Estate Education and Recovery Fund created; payment to fund; management. (a) There is hereby created a special fund to be known as the "Real
Products Liability: Putting a Product on the U.S. Market Natalia R. Medley Crowell & Moring LLP 14 November 2012 Overview Regulation of Products» Federal agencies» State laws Product Liability Lawsuits»
[Tribe] TORT CLAIMS ACT Table of Contents PART I - Title Scope and Definitions...2 1. Short Title... 2 2. Scope... 2 3. Definitions... 2 PART II - Liability in Tort...3 4. Claims; exclusive remedy... 4
TITLE 2 - RULES OF PROCEDURE CHAPTER 2-2 2-2-1 Availability of Civil Actions CIVIL ACTIONS (a) Civil actions are those causes, within the jurisdiction of the Tribal Court, originating in: (1) Tribal law,
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION VERNA BAILEY, as legal guardian and next of friend of Lonnie Dale Wright, Jr. Plaintiff, V. ) Civil Action No. 99-A-1321-N
Filed 3/21/97 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE STACY RUTTENBERG, Plaintiff and Appellant, B092022 (Super. Ct. No. LC025584)
Oklahoma Tort Claims Act Overview 2009 What is a Tort? The name itself lends nothing to understanding what they are about, but they do mean a lot to everything that happens in our lives. Most people probably
California Senate Bill 474 Impact on Owners & Contractors Beginning January 1, 2013, project owners, general contractors ( GC ), construction managers ( CM ) and any lower tier contractor who employs subcontractors
CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title 1. Short title and application. 2. Interpretation. PART I PRELIMINARY
Broward County False Claims Ordinance Sec. 1-276. - Short title; purpose. (a) This article shall be known and may be cited as the Broward County False Claims Ordinance. (b) The purpose of the Broward County
Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS ANTHONY ABBOTT, et al., ) ) No: 06-701-MJR-DGW Plaintiffs,
Personal Property Title Insurance (PPT-1) Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address
Article 19. Claims Against the Estate. 28A-19-1. Manner of presentation of claims. (a) A claim against a decedent's estate must be in writing and state the amount or item claimed, or other relief sought,
FILED 9/24/2014 10:11:33 AM Donna Kay McKinney Bexar County District Clerk Accepted By: Roxanne Mujica 2014CI15241 No. W/ JD EDGEWOOD INDEPENDENT SCHOOL DISTRICT v. Plaintiff, KOONTZ/MCCOMBS CONSTRUCTION,
REFERENCE TITLE: state false claims actions State of Arizona House of Representatives Fiftieth Legislature Second Regular Session HB Introduced by Representative Patterson AN ACT AMENDING TITLE, ARIZONA
House Bill 822 (AS PASSED HOUSE AND SENATE) By: Representatives Lindsey of the 54 th, Lane of the 167 th, Atwood of the 179 th, Oliver of the 83 rd, and Dollar of the 45 th A BILL TO BE ENTITLED AN ACT
Article 51. False Claims Act. 1-605. Short title; purpose. (a) This Article shall be known and may be cited as the False Claims Act. (b) The purpose of this Article is to deter persons from knowingly causing
The False Claims Act: A Primer The False Claims Act (FCA), 31 U.S.C. 3729-3733 was enacted in 1863 by a Congress concerned that suppliers of goods to the Union Army during the Civil War were defrauding
NEW YORK FALSE CLAIMS ACT STATE FINANCE LAW, ART. XIII (2013) 187. SHORT TITLE This article shall be known and may be cited as the "New York false claims act". 188. DEFINITIONS As used in this article,
BILL ANALYSIS Senate Research Center C.S.S.B. 1309 By: Wentworth Jurisprudence 4/5/2007 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT C.S.S.B. 1309 gives the State of Texas civil
IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION JONATHAN DANIEL, ) ) Plaintiff, ) No. 14 CV 01232 ) vs. ) ) Honorable Michael M. Mihm THE CITY OF PEORIA, et al.,
00 STATE OF WYOMING 0LSO-0 HOUSE BILL NO. HB0 Medical malpractice-use of expert witnesses. Sponsored by: Representative(s) Gingery A BILL for AN ACT relating to medical malpractice actions; providing for
Article 14. Dissolution. Part 1. Voluntary Dissolution. 55-14-01. Dissolution by incorporators or directors. (a) The board of directors or, if the corporation has no directors, a majority of the incorporators
0 STATE OF WYOMING LSO-0 SENATE FILE NO. SF00 Medicaid fraud recovery. Sponsored by: Senator(s) Peterson and Representative(s) Harvey A BILL for AN ACT relating to Medicaid; creating the Wyoming Medicaid
CLASSIC A-SIDE MANAGEMENT LIABILITY INSURANCE COVERAGE FORM THIS IS A CLAIMS MADE POLICY WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ AND REVIEW THE POLICY CAREFULLY. In consideration
Superior Court, County of Ventura Self-Help Legal Access Center DEFENDING LAWSUITS FOR BREACH OF CONTRACT OR COLLECTION OF MONEY (COMMON COUNT) Legal Reasons Why I Should Not Have to Pay the Money 2a Common
Sample Settlement Agreement and Release for an Employment Law Claim As submitted to the Missouri Bar Association Labor and Employment Law Committee October 2004 Drafted by a Committee working group comprised
If you have questions or would like further information regarding Statutes of Limitations, please contact: Christopher Johnston 312-540-7568 firstname.lastname@example.org Result Oriented. Success Driven. www.querrey.com
Insurance Code section 11580.2 (a) (1) No policy of bodily injury liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle, except for policies that
U.S. NUCLEAR REGULATORY COMMISSION MANAGEMENT DIRECTIVE (MD) MD 7.1 TORT CLAIMS AGAINST THE UNITED STATES DT-10-06 Volume 7: Legal and Ethical Guidelines Approved By: Gregory B. Jaczko, Chairman Date Approved:
SUBCHAPTER II. LIMITATIONS. Article 3. Limitations, General Provisions. 1-14. Repealed by Session Laws 1967, c. 954, s. 4. 1-15. Statute runs from accrual of action. (a) Civil actions can only be commenced
H GENERAL ASSEMBLY OF NORTH CAROLINA SESSION HOUSE DRH-TG- (/01) D Short Title: Tort Reform Act of. (Public) Sponsors: Referred to: Representatives Blust and Daughtry (Primary Sponsors). 1 A BILL TO BE
EMPLOYMENT AGREEMENT between HEARTLAND COMMUNITY HEALTH CLINIC And -- THIS EMPLOYMENT AGREEMENT ( Agreement ) is made and entered into on the last date written below, by and between HEARTLAND COMMUNITY
Elder Financial Abuse Litigation Guide California Advocates for Nursing Home Reform Inappropriate banking activity, such as unusually large withdrawals or withdrawals from automated banking machines when
Table of Contents 1. What is a wrongful death claim?... 2 2. Who may recover compensation for a wrongful death?... 3 3. How is a wrongful death claim commenced?... 4 4. What types of losses are compensated
MAINE SUPREME JUDICIAL COURT Decision: 2011 ME 56 Docket: Han-10-526 Argued: April 12, 2011 Decided: May 10, 2011 Reporter of Decisions Panel: SAUFLEY, C.J., and ALEXANDER, SILVER, MEAD, GORMAN, and JABAR,
Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized
1386 - CLAIMS TC-1 Table of Contents.01 Purpose.02 Objectives.03 Authority.04 Responsibility.05 Definitions.1 Claims Which Must Be Submitted to the General Accounting Office.11 Filing Requirements.12 Statutory
SAN FRANCISCO AMENDS BUSINESS TAX ORDINANCE BOARD OF REVIEW ELIMINATED, STATUTE OF LIMITATIONS FOR REFUNDS INCREASED AND MUCH MORE Tax On February 19, 2004, San Francisco Mayor Gavin Newsom approved recent
BILL LOCKYER, Attorney General of the State of California HERSCHEL T. ELKINS Senior Assistant Attorney General ALBERT NORMAN SHELDEN Supervising Deputy Attorney General HOWARD WAYNE (State Bar No. ) Deputy
Senate Bill No. 510 Passed the Senate September 9, 2009 Secretary of the Senate Passed the Assembly August 24, 2009 Chief Clerk of the Assembly This bill was received by the Governor this day of, 2009,
Defense of State Employees: LIABILITY AND LAWSUITS UNCW Office of General Counsel January 2010 COMMON CAUSES OF ACTION (or what could we be sued for) Tort claims Contract claims Discrimination/Harassment
NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS By Celeste King, JD and Barrett Breitung, JD* In 1998