Legal Question in Personal Injury in California

California Tort claims Govt. Code 912.4(b)(1)..I need a case where the plaintiff or claimant, won the case based on the fact that the tort claims office acted beyond the 45-day limitation, to serve a notice to the claimant, without the plaintiff's authorization to do so, before the expiration of the 45 days.

Asked on 3/15/23, 6:50 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

You will find no such case. Section 912.4 has nothing to do with who wins or loses the case. All it does is set time limits for the board to act and if it does not act within those limits or by agreed extension, the claim is deemed denied and the claimant must file suit within the time limit set forth in section 945.6.

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Answered on 3/16/23, 2:33 pm

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