Q: Small claims court question
April 2, 2024: Submitted a formal complaint to the California Air Resources Board (CARB), but no response was received.
May 30, 2024: Filed an official complaint against CARB with the Office of Risk and Insurance Management (ORIM).
Sept. 11, 2024: Received an email from the Government Claims Program (GCP), stating that the claim was rejected under Government Code section 912.4 because GCP was unable to act under the legal deadline. Was advised to consult Government Code section 945.6 for information on filing deadline and Government Code 955.4 on service of summons.
Sept. 13, 2024: Filed a lawsuit in small claims court against CARB and the Center for Sustainable Energy.
Sept. 24, 2024: Received a letter from ORIM stating that GCP staff completed an initial review of the claim, started an investigation, and indicated a final determination will be made after the investigation.
Question:
What actions should be taken regarding the lawsuit, considering the investigation is ongoing?
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A:
Given the situation, you should continue to monitor both the investigation by ORIM and the progress of your lawsuit. Since you’ve already filed the lawsuit in small claims court, it’s important to continue following through with any required legal procedures. Make sure you're aware of any upcoming court dates and prepare to present your case.
At the same time, stay in communication with ORIM to track the status of their investigation. Even though ORIM is still reviewing your claim, the outcome of their investigation could impact your case. Keep all documentation from ORIM, the GCP, and any other relevant communication to strengthen your position if needed.
Lastly, you should review Government Code section 945.6 to confirm the filing deadlines and ensure that your lawsuit remains valid. This will help you stay compliant with the legal process and avoid any dismissals based on technicalities.
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