Filing a Claim
Office of the City Attorney
One Frank Ogawa Plaza, 6th Floor
Oakland, CA 94612
510.238.3601
Pursuant to California Government Code §§ 905 et. seq., commonly referred to as the "Tort Claims Act," a claim must be filed with the city if you are seeking money or damages from the city.
For Complete Information About California Government Code 905
Go to the official Web site for California legislative information:
-
Click on California Law
-
In the table of contents, select the checkbox:Government Code
-
Enter the keyword in the search text box:, 905
-
Click on: GOVERNMENT CODE SECTION 905-907
Common Questions
This page answers some of the most common questions about filing a claim against the City of Oakland. The Office of the City Attorney cannot provide you with legal advice about your claim. If you have legal questions regarding your claim, you should consult with a private attorney.
How do I file a claim?
The City of Oakland has a standard claim form that can be used for your convenience. The form must be filed with the Office of the City Attorney, located at One Frank Ogawa Plaza, 6th Floor, Oakland, CA 94612.
How do I obtain a claim form?
You can download the form using the above link, pick one up in person at the Office of the City Attorney or by calling 510.238.6337 and leaving your name and address so that one can be mailed to you.
How long do I have to file a claim?
The Tort Claims Act establishes the time limits for filing a claim for money or damages (Government Code § 911.2). Generally, a claim relating to death or injury to a person or to personal property should be filed within six (6) months from the date of an occurrence.
What if the time has expired since the incident occurred?
You should file a Late Claim Application using the same claim form but title it as such and explain in detail why the claim is late. The Late Claim Application may be granted or denied. The City will only consider the merits of the claim if the Late Claims Application is granted (Government Code § 911.4).
What should I attach to the claim?
Provide a breakdown of how you calculated the amount that you are claiming. Attach copies of bills, payment receipts, photographs, diagrams and other supporting documents for your claim.
How many repair estimates do I submit?
For claims of property damage, please attach two separate estimates for the damages being claimed. Depending on the type of damage, we may require an appraisal inspection.
Can I have the repairs done or do I have to wait for the investigation to be concluded?
If you want to, you can go ahead and have the repairs completed. However, you should take photographs of the damage before repairs are made in order to substantiate your claim. Remember that a governmental entity will consider pre-loss condition in evaluating damages.
Once I file the claim, what happens next?
You will receive a letter that provides your claim number as well as the name and telephone number of the investigator assigned to your claim. California Government Code 912.4 allows an agency 45 days to investigate a claim. Some claims may take longer depending on the complexity. During the course of our investigation, we will call you for further information. Once it has been concluded, we will notify you of the outcome of our investigation.
What do I do if my claim is denied?
You have six (6) months from the date of the denial of the claim to file a lawsuit in the court with appropriate jurisdiction.
Please note: The City Attorney's Office does not represent individual citizens. As an individual, if you require the services of an attorney, you can contact the State Bar of California, Lawyer Referral Services at 415.561.8250.
ALL PERSONS ARE REFERRED TO GOVERNMENT CODE §§ 900-960.8 FOR A DETAILED DESCRIPTION OF THE CLAIMS FILING REQUIREMENTS WHEN PRESENTING A CLAIM OR FILING A LAWSUIT AGAINST A PUBLIC ENTITY OR AN EMPLOYEE OF THE PUBLIC ENTITY. THIS DOCUMENT IS NOT INTENDED TO ACT AS A WAIVER NOR WILL IT STOP THE CITY FROM ASSERTING NONCOMPLIANCE WITH THE TORT CLAIMS ACT.
Filing a Claim Against Other Agencies
CLAIMS FOR THE FOLLOWING AGENCIES ARE FREQUENTLY FILED WITH THE CITY OF OAKLAND IN ERROR. IF YOUR CLAIM IS AGAINST ONE OF THE FOLLOWING AGENCIES, YOU SHOULD FILE IT DIRECTLY WITH THEM AT THE ADDRESS LISTED:
AC TRANSIT
1600 Franklin Street,
Oakland, CA 94612
510.891.4812
ALAMEDA COUNTY
Clerk of the Board of Supervisors,
1221 Oak Street, Room 536,
Oakland, CA 94612
510.272.6347
B.A.R.T.
Claims Department
510.464.6939
EAST BAY MUNICIPAL UTILITY DISTRICT
375 - 11TH Street
Oakland, CA 94607
510.287.0167
OAKLAND HOUSING AUTHORITY
1619 Harrison Street,
Oakland, CA 94612
510.874.1579
OAKLAND/ALAMEDA COUNTY COLISEUM
7901 Oakport, Suite 2100,
Oakland, CA 94621
510.615.4800
OAKLAND UNIFIED SCHOOL DISTRICT
Legal Department
510.879.8535
PACIFIC, GAS & ELECTRIC
1919 Webster,
Oakland, CA 94612
510.874.2328
PARKING CITATION ASSITANCE CENTER
250 - One Frank Ogawa Plaza, Suite 6300
Oakland, CA 94612
510.451.0423
PORT OF OAKLAND
530 Water Street,
Oakland, CA 94607
510.272.1209
STATE OF CALIFORNIA
P. O. Box 23660
Oakland, CA 94623
510.286.5807