Part 1DEFINITIONS

Section § 810

Explanation

This law explains that the definitions in this section apply to understanding the rest of the Government Claims Act, unless the context specifically requires a different interpretation. It also officially names this part of the law as the Government Claims Act.

(a)CA Government Code § 810(a) Unless the provision or context otherwise requires, the definitions contained in this part govern the construction of this division.
(b)CA Government Code § 810(b) This division may be referred to as the Government Claims Act.
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(Amended by Stats. 2012, Ch. 759, Sec. 5. (AB 2690) Effective January 1, 2013.)

Section § 810.2

Explanation

This law defines the term “employee” as someone who could be an officer, a judicial officer (as defined in another specific section), an employee, or a servant, regardless of whether they get paid. However, it specifically excludes independent contractors from being considered employees under this definition.

“Employee” includes an officer, judicial officer as defined in Section 327 of the Elections Code, employee, or servant, whether or not compensated, but does not include an independent contractor.
employee definition officer judicial officer servant compensation independent contractor inclusion exclusion Elections Code Section 327 employment status worker classification compensated employee non-compensated employee government employment servant classification
(Amended by Stats. 1994, Ch. 923, Sec. 30. Effective January 1, 1995.)

Section § 810.4

Explanation
This section clarifies that when the term 'employment' is used, it encompasses both holding an office and any form of employment position.
“Employment” includes office or employment.
employment definition office inclusion employment categorization office positions work positions government employment employment terms public office roles employment scope definition of employment office holding job classification employment roles office employment public sector employment
(Added by Stats. 1963, Ch. 1681.)

Section § 810.6

Explanation

This section defines the term "enactment" as any legal rule that comes from a constitution, statute, charter, ordinance, or regulation.

“Enactment” means a constitutional provision, statute, charter provision, ordinance or regulation.
constitutional provision statute charter provision ordinance regulation definition of enactment government rule legal rule lawmaking regulatory provision
(Added by Stats. 1963, Ch. 1681.)

Section § 810.8

Explanation

This section defines 'injury' as any harm that would allow a person to take legal action if it were caused by another person. This includes physical harm, death, property damage or loss, and harm to someone's reputation, character, feelings, or financial situation.

“Injury” means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to his person, reputation, character, feelings or estate, of such nature that it would be actionable if inflicted by a private person.
harm to reputation property damage personal injury definition actionable harm financial harm legal action reputation damage character harm emotional distress loss of property wrongful death private person accountability actionable injury damage to estate sue for injury
(Added by Stats. 1963, Ch. 1681.)

Section § 811

Explanation

This law states that the term "law" not only refers to laws passed by legislative bodies but also includes court decisions made over time in both state and federal courts that apply within California.

“Law” includes not only enactments but also the decisional law applicable within this State as determined and declared from time to time by the courts of this State and of the United States.
enactments decisional law court decisions state courts federal courts California interpretation judicial rulings legal precedents applicable law court interpretations
(Added by Stats. 1963, Ch. 1681.)

Section § 811.2

Explanation

This law defines what a "public entity" is in California. It includes the state itself, the Regents of the University of California, agencies related to California State University, and any local governments like counties or cities. It also covers districts, public authorities, public agencies, and other political subdivisions or public corporations in California.

“Public entity” includes the state, the Regents of the University of California, the Trustees of the California State University and the California State University, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State.
public entity definition University of California Regents California State University Trustees political subdivision public corporation public agency public authority county government city government district in California local government state government public sector California government entities public corporation in California
(Amended by Stats. 2010, Ch. 636, Sec. 1. (SB 1046) Effective January 1, 2011.)

Section § 811.4

Explanation

This section defines a "public employee" as someone who works for a government organization or agency.

“Public employee” means an employee of a public entity.
public employee government worker public sector job public entity employment government agency staff state employee local government government organization municipal worker public sector employees government workforce public institution state agency government employment public service personnel
(Added by Stats. 1963, Ch. 1681.)

Section § 811.6

Explanation

This section defines the term "regulation" as any rule or standard that holds the power of law, created by a U.S. government employee or agency under the federal Administrative Procedure Act, or by a state agency under California's Administrative Procedure Act.

“Regulation” means a rule, regulation, order or standard, having the force of law, adopted by an employee or agency of the United States pursuant to the federal Administrative Procedure Act (Chapter 5 (commencing with Section 500) of Title 5 of the United States Code) or as a regulation by an agency of the state pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2).
Administrative Procedure Act federal regulations state regulations force of law rule creation U.S. agencies state agencies regulatory standards legal standards administrative rules government employee California agencies law-making process compliance Title 5 USC
(Amended by Stats. 1988, Ch. 160, Sec. 50.)

Section § 811.8

Explanation

In this section, a "statute" refers to any law that has been officially passed by the California State Legislature, the United States Congress, or through a statewide initiative act.

“Statute” means an act adopted by the Legislature of this State or by the Congress of the United States, or a statewide initiative act.
statute definition state legislature acts Congress acts statewide initiative act law adoption California Legislature Congressional law initiative process legal definition statute state and federal laws
(Added by Stats. 1963, Ch. 1681.)

Section § 811.9

Explanation

This law states that judges, judicial officers, and court executive officers of the superior courts are considered state officers, and trial court employees are seen as employees of the trial court for certain legal purposes. The Judicial Council is responsible for the legal representation and defense of these individuals and the courts, potentially involving county counsel or the Attorney General. This involvement with legal representation doesn't automatically disqualify these legal representatives from other cases.

Additionally, the Judicial Council must create rules ensuring that their staff handle legal actions involving trial courts efficiently, including deciding on lawyers and settlement strategies.

Finally, this section does not change the employment status of judges or court staff for issues that are not related to the legal representation aspect.

(a)CA Government Code § 811.9(a) Notwithstanding any other provision of law, judges, subordinate judicial officers, and court executive officers of the superior courts are state officers for purposes of Part 1 (commencing with Section 810) to Part 7 (commencing with Section 995), inclusive, and trial court employees are employees of the trial court for purposes of Part 1 (commencing with Section 810) to Part 7 (commencing with Section 995), inclusive. The Judicial Council shall provide for representation, defense, and indemnification of those individuals and the court pursuant to Part 1 (commencing with Section 810) to Part 7 (commencing with Section 995), inclusive. The Judicial Council shall provide for that representation or defense through the county counsel, the Attorney General, or other counsel. The county counsel and the Attorney General may, but are not required to, provide representation or defense for a trial court, judge, subordinate judicial officer, court executive officer, or trial court employee if the Judicial Council requests that assistance to fulfill its duties under this section. The fact that a justice, judge, subordinate judicial officer, court executive officer, court employee, the court, the Judicial Council, or the staff of the Judicial Council is or was represented or defended by the county counsel, the Attorney General, or other counsel shall not be the sole basis for a judicial determination of disqualification of a justice, judge, subordinate judicial officer, the county counsel, the Attorney General, or other counsel in unrelated actions.
(b)CA Government Code § 811.9(b) To promote the cost-effective, prompt, and fair resolution of actions, proceedings, and claims affecting the trial courts, the Judicial Council shall adopt rules of court requiring its staff to manage actions, proceedings, and claims that affect the trial courts and involve superior courts, superior court judges, subordinate judicial officers, court executive officers, or trial court employees in consultation with the affected courts and individuals. The staff’s management of these actions, proceedings, and claims shall include, but not be limited to, case management and administrative responsibilities such as selection of counsel and making strategic and settlement decisions.
(c)CA Government Code § 811.9(c) Nothing in this section shall be construed to affect the employment status of subordinate judicial officers, court executive officers, and trial court employees related to any matters not covered by subdivision (a).
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(Amended by Stats. 2023, Ch. 478, Sec. 23. (AB 1756) Effective January 1, 2024.)