Brentwood Municipal Code Ch. 1.04 Claims

A. Government Claims Act. Under the Government Claims Act (Government Code Section 810 et seq.), most actions seeking money or damages against the city, or against a public employee acting within the scope of his or her employment, must be preceded by filing a proper administrative claim with the city clerk. Claim forms are available from the city clerk's office.

B. Other Claims.

1. General. If a claim against the city for money or damages is not governed by the Government Claims Act or another state law, the claimant must present a written claim to the city clerk within the time limitations and in the manner prescribed by Government Code Sections 910 through 915.4. (See Government Code Section 905.) This subsection B is adopted under the authority of Government Code Section 935. In this section, claimant means the person seeking a claim, or his or her guardian, conservator, executor, administrator, or other designated representative.

2. Written Claim—Class Actions. All claims shall be made in writing and verified by the claimant. No claim may be filed on behalf of a class of persons unless verified by every member of that class. In addition, the claim shall contain the information required by Government Code Section 910 and shall be presented to the city clerk or city attorney's office on the city's claim form.

3. Refunds. Unless otherwise expressly provided in this code, refunds are limited to one year from the city's receipt of a written claim.

4. Legal Action. The claimant may not file a legal action against the city until he or she has presented a claim in accordance with this chapter and the city has acted on it. (Government Code Sections 935(b) and 945.6.)

(Ord. 978 § 2, 2016)