Q: What tort claim demand form did I fail to submit within the legal time statute?
Opposing attorneys have filed a motion for a summary judgement in my lawsuit against Sutter Creek Police Department, citing my failure to file a tort demand within the one year time statute. What form should I have filed? I have to answer the motion with my defense of my failure, I need to find this form and file it on my behalf as I failed to a year ago, they cite the fact that I still have not complied with this process requirement to date
A: You appear to be too late. It must be filed within 6 months of the incident. You have another 6 months to file a Petition for a Late Claim. You might try amending your complaint to state counts for violation of civil rights under 42 USC section 1983. Those are federal claims and do not require compliance with State Tort Claim requirements. These claims are still difficult and it would be wise to find an attorney, or you will likely still lose.
A: It should tell you in the motion exactly what they are claiming you didn't do. Did you file a Government Tort Claim Form? If not then that is what they might be saying. It's very hard to sue governmental agencies even when you do have an attorney.
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