The general procedure for the presentation of claims as a prerequisite to commencement of actions for money or damages against the State of California, counties, cities, cities and counties, districts, local authorities, and other political subdivisions of the State, and against the officers, employees, and servants thereof, is prescribed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code.
§ 313.Presentation of Claims Against Governmental Entity As Prerequisite to Commencement of Action
Title 2. Of the Time of Commencing Civil Actions · Chapter 1. The Time of Commencing Actions in General · Last amended 1963 · Last verified July 28, 2026
In one sentenceSection 313 points to the Government Claims Act, Government Code section 810 and following, as the source of the procedure a person must follow, presenting a claim to a state, county, city, district, or other public entity before suing that entity or its employees for money damages.
Full Text of § 313
Plain-English Summary
Section 313 does not set out its own claims procedure. It refers readers to a different body of law, Division 3.6 of Title 1 of the Government Code, commonly called the Government Claims Act, beginning at Government Code section 810.
That referenced law requires anyone seeking money damages from the State of California, a county, city, district, or other local public entity, or from an officer, employee, or servant of one of those bodies, to present a claim to the entity before filing a civil action. Missing that step, or missing the claim's own deadline, can bar the later lawsuit entirely.
Section 313 sits in this title because claims against government entities interact directly with the ordinary statutes of limitations discussed throughout Title 2. A claim presentation requirement is a separate, additional prerequisite layered on top of, not a substitute for, the filing deadlines that otherwise apply.
Frequently Asked Questions
Do I need to do anything before suing a California city or county for damages?
Yes. Section 313 requires following the claim presentation procedure in the Government Claims Act, Government Code section 810 and following, before commencing a civil action for money or damages against the entity.
Does Section 313 itself set the deadline for presenting a government claim?
No. Section 313 refers to the Government Code's own claims procedure rather than prescribing separate deadlines here.
Does the government claims requirement replace the usual statute of limitations?
No. It is an additional prerequisite; the underlying statute of limitations for the type of claim still applies alongside the claim presentation requirement.
Amendment History
Amended by Stats. 1963, Ch. 1715.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: government claims act californiasuing a city or county californiaclaim before lawsuit against government california