Alameda Municipal Code § 3-53 Claims

This section is enacted pursuant to Section 935 of the California Government Code. The purpose of this section is to establish claims procedures for those claims against the City for money or damages not now governed by state or local laws, including those claims currently exempted under Government Code Section 905.

(Ord. No. 2980 N.S. § 1)

Nothing in this section revives or reinstates any claim or cause of action that, on the effective date of this section, is barred by failure to comply with any previously applicable statute, ordinance, or regulation requiring the presentation of a claim prior to suit, or by failure to commence any action within the period prescribed by an applicable statute of limitations.

(Ord. No. 2980 N.S. § 1)

Nothing contained herein is intended to extend any statute of limitations or claims filing period provided under other provisions of the Alameda Municipal Code, State law, or any other applicable law or regulation related to filing a judicial action or other proceeding for recovery of money or damages against the City. References in this chapter to specific sections of the California Government Code shall refer to those provisions as they now exist or shall hereafter be amended.

(Ord. No. 2980 N.S. § 1)

All claims against the City for money or damages not otherwise governed by the Government Claims Act, California Government Code Sections 900 et seq., another state law or applicable Code section (hereinafter in this section, "claims") including the exceptions contained in California Government Code Section 905, shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this section.

(Ord. No. 2980 N.S. § 1)

All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor, attorney-in-fact or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code Section 910.

In accordance with California Government Code Sections 935(b), 945.4 and 945.6, all claims shall be presented as provided in this section and acted upon by the city prior to the filing of any action on such claims, and there is a provision that a rejection of a claim is the prerequisite decision, and no such action may be maintained by a person who has not complied with the requirements of Alameda Municipal Code subsection 3-53.4.

(Ord. No. 2980 N.S. § 1)

Any action brought against the City upon any claim or demand shall conform to the requirements of Sections 940-949 of the California Government Code. Any action brought against any employee of the City shall conform with the requirements of Section 950-951 of the California Government Code.

(Ord. No. 2980 N.S. § 1)