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Earlier editions: 2026-09

Title 1 — GENERAL PROVISIONS

Diamond Bar Municipal Code Ch. 1.16 Claims Against the City

Diamond Bar Municipal Code · 2026-10 edition · updated 2026-10-04 · Diamond Bar

Cite as: Diamond Bar Municipal Code Chapter 1.16 · Text as of 2026-10-04

Sec. 1.16.010. - Presentation—Prerequisite for bringing suit.

There shall be presented in accordance with this chapter, and as a prerequisite to suit against the city, all claims for money or damages not governed and controlled by Government Code § 900 et seq., and which are more specifically listed as exceptions in Government Code § 905; provided that the claims covered by this section are not governed by any other statutes or regulations expressly relating thereto.

Exceptions & meaning →

Sec. 1.16.020. - Same—Statutory authority.

Those claims required by section 1.16.010 shall be presented to the city clerk in accordance with and in the manner provided in Government Code § 900 et seq.

Exceptions & meaning →

Sec. 1.16.030. - Action on claim required before filing of suit.

No suit for money or damages may be brought against the city on a cause of action for which a claim is required to be presented under section 1.16.010 until a written claim therefor has been presented and has been acted upon or has been deemed rejected, in accordance with procedures prescribed by section 1.16.020.

Exceptions & meaning →

Sec. 1.16.040. - Statute of limitations.

Any suit brought against the city for which a claim is required to be presented in accordance with section 1.16.010 must be commenced within the periods prescribed by Government Code § 945.6.

State Law reference— Similar provisions, Government Code § 945.6.

Exceptions & meaning →

Sec. 1.16.050. - Suits prohibited where full payment or compromise effected.

Where a claim that is required to be presented to the city in accordance with this chapter is so presented and action thereon is taken:

(1) If the claim is allowable in full and the claimant accepts the amount allowed, no suit may be maintained on any part of the cause of action to which the claim relates.

(2) If the claim is allowed in part and the claimant accepts the amount allowed, no suit may be maintained on that part of the cause of action which is represented by the allowed portion of the claim.

(3) If the claim is allowed in part and the claimant accepts the amount allowed, no suit may be maintained on any portion of the cause of action where, pursuant to a requirement to such effect, the claimant has accepted the amount allowed in settlement of the entire claim.

State Law reference— Similar provisions, Government Code § 946.

Exceptions & meaning →

Sec. 1.16.060. - Authority to compromise pending actions.

The city council may compromise or may delegate the authority to its attorney or an employee to compromise any pending action.

State Law reference— Similar provisions, Government Code § 949.

Exceptions & meaning →

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