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McGeorge Law Review

Abstract

Since early statehood California has statutorily required that the victim of a governmental tort file a claim against the responsible public entity within a short period of time after the accrual of his cause of action or risk a complete foreclosure from any subsequent litigation of the claim. No such requirement, other than compliance with the normal statute of limitations, has ever been demanded of victims of private torts. This comment reviews the present status of California's public entity tort claim statutes to determine whether they can withstand a constitutional challenge based on equal protection or due process principles.

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