Wear Trial Law represents people abused or neglected in California facilities operated by the state, a county, or another public entity — juvenile halls, developmental centers, state hospitals, public residential programs, and county-operated care settings. These claims follow different rules than claims against private operators, and most carry a short deadline to present a government claim.
The rule that decides most of these cases
Before suing a public entity in California, a claimant generally must present a written government claim to that entity. For personal injury, the period is typically six months from the date the cause of action accrues.
Miss it, and the lawsuit is barred. Not weakened — barred.
There is a critical exception. Childhood sexual abuse claims brought under Code of Civil Procedure section 340.1 are exempt from the claim-presentation requirement under Government Code section 905(m). But that exemption is specific to childhood sexual abuse. It does not cover physical abuse, neglect, medical neglect, or failure to protect. A survivor of beatings in a county facility and a survivor of sexual abuse in the same facility can face entirely different deadlines.
Because the analysis turns on the type of harm, the claimant’s age at the time, and the identity of the entity, it is not something to work out alone. See Suing a Public Entity: The Government Claim Deadline.
Which entities count as public
- County probation departments and juvenile halls
- The California Department of State Hospitals and its facilities
- Regional centers and state developmental centers
- County health, behavioral health, and social services agencies
- Public school districts and county offices of education
- Cities, counties, and special districts
Private operators under public contract occupy a middle ground. A county-funded but privately operated program may not be a public entity — which can mean longer deadlines and, in some cases, exposure to punitive damages. Identifying the correct defendant early is essential and is not always obvious from the facility’s name or signage.
What a claim against a public facility must show
Public entity liability in California is statutory. Common theories include a dangerous condition of public property, breach of a mandatory duty imposed by statute or regulation, and vicarious liability for employee negligence within the scope of employment.
Practically, the evidence tends to be: staffing rosters against required ratios, incident report logs, Title 15 and licensing inspection findings, grievance records filed by residents, and internal affairs or personnel investigations.
Records requests are not a substitute for a claim
Families frequently spend months making public records requests, waiting on an ombudsman, or pursuing an internal grievance while the six-month clock runs. None of those steps preserves a deadline.
If a public facility is involved, treat the timeline as urgent even while gathering information. A claim can be presented on the facts known and supplemented later.
If a public facility is involved, time matters. Call 415-233-9688 today.
Frequently Asked Questions
FAQ
Usually a government claim must be presented within six months, with limited exceptions. Call immediately.
Possibly. A late-claim application may be available within one year, and minors are treated differently. Do not assume the case is over.
Government Code section 905(m) exempts CCP section 340.1 claims. Have an attorney confirm how it applies to your facts.
Generally no, though individual employees and private contractors may be exposed.
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