1. The term “public employee” under the
Tort Claims Act includes officers of a public entity.
2. As a general rule, it is best to assume that a city manager does
not qualify as a public employee under the Tort Claims Act.
3. The Tort Claims Act does not apply to causes of action for breach
of contract.
4. In most cases, a party seeking a writ of mandate in the trial
court will be required to comply with the Tort Claims Act’s claim presentation
requirements before the filing his/her/its petition for writ of mandate.
5. Causes of action against public entities under the Tort Claims Act
are frequently based upon common law theories of recovery.
6. Civil Code §3479 serves as a sufficient statutory basis for
liability against public entities in nuisance actions.
7. Public entities cannot be vicariously liable for injuries caused
by their employees.
8. In an action against a public entity for injuries caused by one of
its employees, the entity may utilize the employee’s statutory immunities in
defending the action.
9. In an action against a public entity for its failure to perform a
mandatory duty, the entity may utilize statutory immunities available to its employees in
defending the action.
10. Public entities are not entitled to utilize defenses to liability
that are ordinarily available to private persons or entities.
11. When a public entity defends an action that is based on an injury
caused by one of its employees, it may only utilize the statutory immunities that apply to
public employees and may not utilize any of the public entity immunities.
12. A public entity may be liable for a dangerous condition of public
property, even though it had no actual notice of the condition.
13. If it has actual notice, a public entity is always liable for
dangerous conditions of public property.
14. All of the statutory immunities available to public entities and
public employees are found in the Tort Claims Act.
15. It is important to research the immunity provisions of the Tort Claims Act before filing an administrative
claim with a public entity.
16. The statute of limitations for filing a claim with a public
entity is always one year.
17. Public entities have up to six months to take an action on a
claim once it is filed.
18. If a public entity denies a claim and files the appropriate
notice, the plaintiff has six months within which to file a complaint.
19. If a public entity takes no action on a claim, the plaintiff has
two years from the filing of the claim to file a complaint.
20.
Complaints against public entities must usually include a statement of compliance with the
Tort Claims Act or a statement that compliance with the Tort Claims Act was not required. |
