Oakland City Attorney
Electronic service of claims and lawsuits against the City may be submitted at claims@oaklandcityattorney.org. Email service to this address will be treated the same as personal delivery. This policy does not apply to service of lawsuits against individually named City employees.
If you believe you experienced damage to yourself or your personal property caused by a person employed by or equipment owned and/or operated by the City of Oakland, you may have legal standing to file a claim against the City.
The City of Oakland has a standard claim form that can be used for your convenience. You can file the form electronically at claims@oaklandcityattorney.org, or you can send the form by mail to: Oakland City Attorney’s Office, 1 Frank H. Ogawa Plaza, 6th Floor, Oakland, CA 94612.
If you would like to file a form in person, visit our Contact page for location and hours.
Please see above. The City of Oakland has a standard claim form that can be used for your convenience. You can file the form electronically at claims@oaklandcityattorney.org, or you can send the form by mail to: Oakland City Attorney’s Office, 1 Frank H. Ogawa Plaza, 6th Floor, Oakland, CA 94612. When the City Attorney’s Office reopens to the public, you also can file the form in person.
You can download the form in English, Spanish, Chinese or Vietnamese. Or to request a form by mail, call the Office of the City Attorney at (510) 238-3601.
Please see above. In general, the Tort Claims Act sets forth 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 months from the date of an occurrence.
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. Only if it is granted will the City consider the merits of the claim. (See Government Code § 911.4)
Provide a breakdown of the amount you are claiming and how it was computed. Attach copies of bills, payment receipts, photographs, diagrams, and other supporting documents for what you are claiming.
If the damage is to a vehicle, please attach two repair estimates. Depending on the extent of the damage, we may require an appraisal inspection. If the claim involves damage to personal property, you must submit receipts for all damaged items. If no receipts are available, you must state the purchase date, price and name of the store where the items were purchased. If items are irreparable, you must make them available for our inspection.
If you so desire, 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 all damages.
You will receive a letter with the name of the adjuster assigned to your claim. If after 45 days, you have not heard anything, you can call the adjuster to inquire about how long it may take to process your claim. Some claims may take longer depending on their complexity. Once the investigation of your claim has been concluded, we will contact you regarding the outcome.
You have six months from the date of the denial of the claim to file a lawsuit in the court with appropriate jurisdiction [California Government Code 945.6].
Pursuant to California Government Code 945.6:
(a) Except as provided in Sections 946.4 and 946.6 and subject to subdivision (b), any suit brought against a public entity on a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division must be commenced:
(1) If written notice is given in accordance with Section 913, not later than six months after the date such notice is personally delivered or deposited in the mail.
(2) If written notice is not given in accordance with Section 913, within two years from the accrual of the cause of action. If the period within which the public entity is required to act is extended pursuant to subdivision (b) of Section 912.4, the period of such extension is not part of the time limited for the commencement of the action under this paragraph.
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:
510.272.6347
Clerk of the Board of Supervisors,
1221 Oak Street, Room 536,
Oakland, CA 94612
7901 Oakport, Suite 2100,
Oakland, CA 94621
510.615.4800
250 – One Frank Ogawa Plaza, Suite 6300
Oakland, CA 94612
510.451.0423
City Attorney Barbara J. Parker releases a periodic newsletter in which she provides updates about the work of the Office of the City Attorney as well as reflections on current local, statewide, and national legal topics of importance to Oakland residents.
