Grand Terrace Municipal Code Ch. 3.16 Claims Against the City

There shall be presented in accordance with this Chapter and as a prerequisite to any suit against the City all claims for money or damages not governed and controlled by Part 3 (commencing with Section 900), Division 3.6 of Title 1 of the California Government Code, and which are more specifically listed as exceptions in Section 905 of Chapter 1, Part 3, provided that the claims covered by this section are not governed by any other statutes or regulations expressly relating thereto.

(Ord. 1 § 1(part), 1978: county code § 11.031)

Those claims required by Section 3.16.010 shall be presented to the City Council in accordance with and in the manner provided in Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the California Government Code as contained in Article 1 of Chapter 2 entitled, "Presentation and Consideration of Claims," and Article 2 of Chapter 2 entitled, "Manner of Presentation and Giving Notice."

(Ord. 1 § 1(part), 1978: county code § 11.032)

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 3.16.010 until a written claim therefor has been presented to the City Council and has been acted upon by the council, or has been rejected by the council, in accordance with procedures prescribed by Section 3.16.020.

(Ord. 1 § 1(part), 1978: county code § 11.033)

A. Except as provided in subsection B of this section, any suit brought against the City for which a claim is required to be presented in accordance with Section 3.16.010 must be commenced within six months after the date the claim is acted upon by the City Council or is deemed to have been rejected by the council.

B. Exception. When a person is unable to commence a suit on a cause of action described in subsection A of this section within the time prescribed in that subsection because he has been sentenced to imprisonment in a state prison, such suit must be commenced within six months after the date that the civil right to commence such action is restored to such person. A person sentenced to imprisonment in a state prison may not commence such suit unless he presented a claim in accordance with Section 3.16.020 within the time prescribed therein.

(Ord. 1 § 1(part), 1978: county code § 11.034)

Where a claim that is required to be presented to the City in accordance with Sections 3.16.010 and 3.16.020 is so presented and action thereon is taken by the City Council:

A. 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.

B. 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 of the City Council to such effect, the claimant has accepted the amount allowed in settlement of the entire claim.

(Ord. 1 § 1(part), 1978: county council § 11.035)

A. At any time after the filing of the complaint in any action against the City, the City may file and serve a demand for a written undertaking on the part of each plaintiff as security for the allowable costs, which may be awarded against such plaintiff. The undertaking shall be in the amount of $100.00, or such greater sum as the court shall fix upon good cause, show, with at least two sufficient sureties, to be approved by the court. Unless the plaintiff files such undertaking within twenty days after service of a demand therefor, his action shall be dismissed.

B. If judgment is rendered for the City in any action against it, allowable costs incurred by the City in the action, but in no event less than $50.00, shall be awarded against each plaintiff.

C. This section does not apply to an action commenced in a small claims court.

(Ord. 1 § 1(part), 1978: county code § 11.036)

The City Council may compromise, or may delegate the authority to its attorney or an employee to compromise any pending action.

(Ord. 1 § 1 (part), 1978: county code § 11.037)