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Pursuant to California Government Code §§ 905 et. seq. commonly referred to as the "Tort Claims Act", unless otherwise provided, a claim must be filed with the City if you are seeking money or damages from the City.
This page sets forth some of the most common questions and answers regarding the filing of a claim with the City of Oakland. The Office of the City Attorney cannot provide you with legal advice in regards to your claim. If you have legal questions regarding your claim, you should consult with an 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 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.
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. Only if it is granted will the City consider the merits of the claim. (*See Government Code § 911.4)
What should I attach to the claim?
Provide a breakdown of how the amount that you are claiming was computed. 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 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 damages.
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 their complexity. During the course of our investigation, we may call you for further questions. 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 months from the date of the denial of the claim to file a lawsuit in the court with appropriate jurisdiction.
(*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 ESTOP THE CITY FROM ASSERTING NON-COMPLIANCE WITH THE TORT CLAIMS ACT)
CLAIMS FOR THE FOLLOWING AGENCIES ARE FREQUENTLY FILED WITH THE CITY OF OAKLAND IN ERROR. IF YOUR CLAIM IS AGAINST ONE OF THESE 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
HOUSING AUTHORITY
1619 Harrison Street,
Oakland, CA 94612
(510) 874-1579
OAKLAND/ALAMEDA COUNTY COLISEUM
Attn: Ann Haley, Executive Director
7000 Coliseum Way
Oakland, CA 94621
(510) 383-4801
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 VIOLATIONS BUREAU
519 - 17th Street
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
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. |
