AMENDED IN ASSEMBLY APRIL 9, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
98
Introduced by Assembly Member Johnson
February 20, 2026
An act to add Section 448 to the Code of Civil Procedure, and to add Section 945.7 to amend Section 910.2 of the Government Code, relating to civil procedure.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
Existing law, the Government Claims Act, governs the tort liability and immunity of, and claims and actions against, public entities, officers, and employees.
This bill would require a civil complaint or cross-complaint filed by an employee or former employee of a public agency seeking monetary damages against the public agency for acts or omissions arising out of or relating to the employment relationship to be verified under penalty of perjury. The bill would require a court to grant a motion to strike the complaint or cross-complaint if the complaint or cross-complaint is not verified by the plaintiff or cross-complainant, as provided.
This bill would require a claim presented in accordance with the Government Claims Act by an employee or former employee of a public entity seeking monetary damages against the public entity for acts or omissions arising out of or relating to the employment relationship to include a declaration signed by the claimant under penalty of perjury verifying the core factual allegations supporting the claim. The bill would also require public agency to make a report to the appropriate district attorney if the public agency concludes that there is substantial evidence the person who made the claim committed perjury in signing the claim, and would authorize the district attorney to investigate and take action, as appropriate.
By expanding the crime of perjury, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires that a claim against a public entity or public employee be signed by the claimant or by some person on the claimant’s behalf.
This bill would require a claim against a public entity or public employee to include a declaration that, upon information and belief, the contents of the claim are true and correct.
By expanding the definition of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
Section 910.2 of the Government Code is amended to read:
910.2.
The claim shall be signed by the claimant or by some person on his behalf. the claimant’s behalf declaring that, upon information and belief, the contents of the claim are true and correct Claims against local public entities for supplies, materials, equipment or services need not be signed by the claimant or on his the claimant’s behalf if presented on a billhead or invoice regularly used in the conduct of the business of the
claimant.
Section 448 is added to the Code of Civil Procedure, immediately following Section 446, to read:
448.
(a) Notwithstanding Section 446, a civil complaint or cross-complaint filed by an employee or former employee of a public agency seeking monetary damages against the public agency for acts or omissions arising out of or relating to the employment relationship shall be verified under penalty of perjury.
(b) If the public agency files a motion to strike the complaint or cross-complaint pursuant to Chapter 4 (commencing with Section 435) on the grounds the complaint or cross-complaint is not verified by the plaintiff or cross-complainant, the court shall grant the motion if the court concludes the complaint or cross-complaint was not verified as required by this section. Notwithstanding Section 436, granting of a motion to strike on the grounds the complaint or cross-complaint is not verified by the plaintiff or cross-complainant is mandatory and is not subject to the court’s discretion.
SEC. 2.
Section 945.7 is added to the Government Code, to read:
945.7.
(a) A claim presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 by an employee or former employee of a public entity seeking monetary damages against the public entity for acts or omissions arising out of or relating to the employment relationship shall include a declaration signed by the claimant under penalty of perjury verifying the core factual allegations supporting the claim.
(b) If the public agency concludes, after investigation of the claim, that there is substantial evidence the person who made the claim committed perjury in signing the claim, the public agency shall make a report presenting that evidence to the appropriate district attorney, and the district attorney may, in their discretion, investigate and take action with respect to the person who filed the claim as it concludes is appropriate.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.