By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
City denied your claim?
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Read the denial notice and find the date
A denial must come in writing, and when the City rejects a claim in whole or in part the notice has to carry this warning (Gov. Code § 913):
“Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately.”
The City Attorney says denials are written and give the reasons (City Attorney, Claims). Find the mailing date on the letter or the proof of service, and keep the envelope with its postmark.
Six months to sue, counted from the mailing date
After a written notice under section 913, a lawsuit must be filed no later than six months after the date the notice was personally delivered or deposited in the mail (Gov. Code § 945.6(a)(1)). The rule that adds days for mailed papers does not apply to this deadline or to filing the complaint after a denial (Gov. Code § 915.2(b)). If the letter sat in a mailbox for two weeks, those two weeks are gone.
If the City never sent a written notice that meets section 913, the deadline is generally two years from when the claim accrued (§ 945.6(a)(2)). The same deadlines apply to a suit against the City employee involved, such as the driver of a City truck (Gov. Code § 950.6).
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Your options after a denial
| Option | Deadline | Limits |
|---|---|---|
| Lawsuit in Los Angeles County Superior Court | 6 months from mailing or delivery of the notice | Must match the facts in your claim |
| Small claims court | Same 6 months | Up to $12,500 for an individual; no more than two cases over $2,500 per calendar year |
| Ask the adjuster to reconsider | No extra time | The six months keep running |
| Accept a partial allowance | Six months still applies to the rejected part | The City may require you to accept it as full settlement |
Filing a lawsuit against the City
The complaint has to show that you presented a timely claim or have a legal excuse. If it doesn’t, it can be dismissed at the start. The California Supreme Court put it plainly: “A plaintiff must allege facts demonstrating or excusing compliance with the claim presentation requirement” (State of California v. Superior Court (Bodde)).
The lawsuit must also rest on the same facts as the claim. A complaint can add legal theories if the facts behind them were fairly reflected in the claim, but a suit built on a different set of facts can be barred (Stockett v. Association of Cal. Water Agencies Joint Powers Ins. Authority). Read your claim again before you or a lawyer draft the complaint.
Do not file too early. No suit may be brought until the City has acted on the claim or the claim has been deemed rejected (Gov. Code § 945.4). If you have a written denial, that condition is met. If you have nothing in writing, wait until day 45 after filing has passed. See what happens after you file for the 45-day rule.
If the City offers part of what you asked for
The City may allow part of a claim and reject the rest, or compromise it. If it allows or compromises the claim, it can require you to accept the amount as full settlement (Gov. Code § 912.6). The section 913 warning applies to claims rejected “in whole or in part,” so the six-month clock can start on the rejected portion while you think about the offer. Get advice before you sign the City’s Release Agreement, because signing usually ends the claim. Our page on how much the City pays covers what these claims are worth.
Small claims court for smaller losses
For a damaged tire or a modest repair bill, small claims can work. A natural person can sue for up to $12,500 (Code Civ. Proc. § 116.221); businesses and most other parties are limited to $6,250 (§ 116.220). No one may file more than two small claims cases demanding more than $2,500 anywhere in California in a calendar year (§ 116.231). The California Courts small claims guide explains the forms.
The government claim rules still apply. You need a timely claim first, and the small claims case must be filed within the six-month window.
Can you ask the City to reconsider?
Yes. The City Attorney says a denied claimant can ask for reconsideration by sending more information to the adjuster (City Attorney, Claims). Send it in writing with your claim number. A reconsideration request does not change the date on the denial notice, and section 945.6 counts the six months from that date. Unless you have a written agreement with the City that says otherwise, file the lawsuit on time even if reconsideration is still pending.
Before you call a lawyer, put these together:
- The denial letter and the envelope it came in.
- A copy of the claim you filed and proof of the date you filed it.
- Every document you sent the adjuster and the dates you sent them.
- Any offer or Release Agreement the City sent.
Call us at (310) 552-6959 with the denial letter in hand, and we will check the date for you.
Related pages
- Claim against the City of Los Angeles: full guide
- What happens after you file
- Missed the deadline: late claims
- Check your claim status
- How much does the City pay?
- Dangerous condition of public property
- City or county vehicle hit me: what do I do?
- Pothole or dangerous road crash: can you sue?
- Los Angeles accident lawyer
Common questions
What do I do if the City of Los Angeles denies my claim?
Find the date the denial notice was mailed or handed to you. You generally have six months from that date to file a lawsuit (Gov. Code § 945.6). You can ask the adjuster to reconsider, but that does not extend the deadline, so talk to a lawyer right away.
How long do I have to sue the City after a claim is denied?
Generally six months from the date the written notice was personally delivered or deposited in the mail. The law adds no extra days for mailing (Gov. Code § 915.2(b)). If the City never sent a proper written notice, the deadline is generally two years from when the claim accrued.
Can I sue the City of Los Angeles in small claims court?
Yes, after a timely government claim. An individual can ask for up to $12,500, but no one may file more than two small claims cases over $2,500 in California in a calendar year. The case must be filed within the six-month window after the denial.
Does asking for reconsideration extend my deadline to sue?
No. The six months under Gov. Code § 945.6 count from the date the denial notice was mailed or delivered. Keep the lawsuit deadline even if the adjuster is still looking at new information.
Can I sue the City before it answers my claim?
Not until the City acts on the claim or it is deemed rejected, which happens 45 days after filing if the City does nothing (Gov. Code §§ 912.4, 945.4). A written denial lets you sue right away.
The City offered part of my claim. Should I take it?
The City can allow part of a claim and require you to accept it as full settlement (Gov. Code § 912.6). Signing the release usually ends the claim, so have a lawyer review the offer, and keep the six-month deadline in mind for the rejected part.
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Sources
- Cal. Gov. Code § 912.4
- Cal. Gov. Code § 912.6
- Cal. Gov. Code § 913
- Cal. Gov. Code § 915.2
- Cal. Gov. Code § 945.4
- Cal. Gov. Code § 945.6
- Cal. Gov. Code § 950.6
- Cal. Code Civ. Proc. § 116.220
- Cal. Code Civ. Proc. § 116.221
- Cal. Code Civ. Proc. § 116.231
- State of California v. Superior Court (Bodde) (2004) 32 Cal.4th 1234
- Stockett v. Association of Cal. Water Agencies Joint Powers Ins. Authority (2004) 34 Cal.4th 441
- Los Angeles City Attorney, Claims
- California Courts, small claims self-help
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.