Oct. 10, 2025
Government Claims Act does not apply to actions solely seeking declaratory relief
Under the Government Claims Act, a claimant need not file a pre-suit claim with a public entity when seeking purely declaratory relief, though any subsequent monetary claims must be preceded by a government claim.
Garret D. Murai
Partner
Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
Perhaps it should come as no surprise, but public entities get special treatment under the law, and when filing a claim against a public entity, in most cases, a claimant is required to file a claim with the public entity before filing suit under the Government Claims Act (Gov. Code §810 et seq.).
But, as the next case demonstrates, that's not always the case. In $95
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