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 website
for California legislative information:
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Click on California Law
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In the table of contents, select the checkbox:Government Code
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Enter the keyword in the search text box:, 905
- Click on: GOVERNMENT CODE SECTION 905-907
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Common Questions
This page answers some of the most common questions about filing a claim
with 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?
The form can be picked up in person at the Office of the City Attorney
or by calling 510.238.6337.
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. (See 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.
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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. (See
Government Code § 911.4)
What should I attach to the claim?
Provide a breakdown of how you computed 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.
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Once I file the claim, what happens next?
You will receive a letter telling you the name 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 may call you for further information. Once it has been concluded, we
will contact you regarding 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.
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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.
Pearce & Franklin
2380 Junipero Serra,
Daly City, CA 94015
650.756.7400
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
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OAKLAND/ALAMEDA COUNTY COLISEUM
7901 Oakport, Suite 2100,
Oakland, CA 94621
510.615.4800
OAKLAND UNIFIED SCHOOL DISTRICT
1025 - 2nd Avenue,
Oakland, CA 94606
510.836.8535
PACIFIC BELL
666 Folsom Street, Room 600
San Francisco, CA 94107
800.728.4202
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
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