Dorris Municipal Code Ch. 3.24 Claims

Sections:

• 3.24.010
• Scope.
• 3.24.020
• Form of claim.
• 3.24.030
• Timing of claim.
• 3.24.040
• Written agreement.
• 3.24.050
• Claim prerequisite to suit.
• 3.24.060
• Suit.
• 3.24.070
• No reinstatement or
• revival.
• 3.24.080
• Retroactivity.

This chapter shall govern all claims against the city for money or damages not otherwise governed by the Tort Claims Act, California Government Code Section 900 et seq., or another state law (hereinafter in this chapter “claims”). (Ord. 216 § 1, 2012)

All claims shall be made in writing and ver- ified by the claimant or by his or her guardian, conservator, executor, or administrator. No claims may be filed on behalf of a class of per- sons unless verified by every member of that class as required by this chapter. In addition, all claims shall contain all of the following as required under California Government Code Section 910: A. The name and post office address of the claimant. B. The post office address to which the per- son presenting the claim desires the notices to be sent. C. The date, place, and other circumstances of the occurrence or transaction which gave rise to the claim asserted. D. A general description of the indebted- ness, obligation, injury, damage, or loss incurred so far as it may be known at the time of presentation of the claim. E. The name or names of the public employee or employees causing the injury, damage, or loss, if known. F. The amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the esti- mated amount of any prospective injury, dam- age, or other loss, insofar as it may be know at the time of presentation of the claim, together with the basis of computation of the amount claimed. If the amount exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indi- cate whether the claim would be a limited civil case. (Ord. 216 § 2, 2012)

All claims for money damages shall be brought according to the following require- ments: A. Claims for personal or property injury shall be brought not later than six months after the accrual of the cause of action. B. All other types of claims shall be brought not later than one year after the accrual of the cause of action. (Ord. 216 § 3, 2012)

Pursuant to Chapter 5 (commencing with Section 930) of Part 3 of Division 3.6 of Title 1 of the Government Code, written agreements entered into by or on behalf of the city may pro- vide that all claims arising out of or related to the agreement must be presented not later than one year after the accrual of the cause of action. Such claims shall be governed by this chapter. (Ord. 216 § 4, 2012)

43-2 (Revised 5-17)

In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this chapter and acted upon by the city council prior to fil- ing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of this chapter. (Ord. 216 § 5, 2012)

Any action brought against the city/county/district upon any claim or demand shall conform to the requirements of Sections 940 through 949 of the California Government Code. Any action brought against any employee of the city shall conform with the requirements of Sections 950 and 951 of the California Government Code. (Ord. 216 § 6, 2012)

Nothing in this section revives or reinstates any cause of action which, on the effective date of the ordinance codified in this section, is barred by either (A) failure to comply with an applicable statute, regulation or ordinance requiring the presentation of a claim; or (B) failure to commence an action thereon within the period prescribed by an applicable statute of limitations. (Ord. 216 § 7, 2012)

Subject to Section 3.24.070, where a cause of action accrued prior to the effective date of the ordinance codified in this section, the pro- visions of this section shall apply retroactively to such cause of action, and to any claim here- tofore or hereafter presented relating to such cause of action. (Ord. 216 § 8, 2012)

Title 4 (Reserved) 44