La Palma Municipal Code Art. IX Claims for Money or Damages

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State Law reference— Claims and actions against public entities and public employees, Government Code § 810 et seq.

(a) Pursuant to Government Code § 935, and except as provided below, claims against the City or any City officer, employee or agent for money or damages which are excepted by Government Code § 905 from claims presentation requirements, and which are not governed by any other statute or regulation expressly relating thereto, shall be governed by the procedures contained in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3, Division 3.6, Title 1 of the Government Code as a prerequisite to bringing any lawsuit or action for money or damages against the City or any City officer, employee or agent. Such claims shall include the following:

(1) Claims under the Revenue and Taxation Code or other statute prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification, or adjustment of any tax, assessment, fee or charge or any portion thereof, or of any penalties, costs or charges related thereto;

(2) Claims in connection with which the filing of a notice of lien, statement of claim, or stop notice is required under any provisions of law relating to mechanics', laborers' or materialmen's liens;

(3) Claims by public employees for fees, salaries, wages, mileage, or other expenses and allowances;

(4) Claims for which the workers' compensation authorized by Division 4 (commencing with Section 3201) of the Labor Code is the exclusive remedy;

(5) Applications or claims for any form of public assistance under the Welfare and Institutions Code or other provisions of law relating to public assistance programs, and claims for goods, services, provisions, or other assistance rendered for or on behalf of any recipient of any form of public assistance;

(6) Applications or claims for money or benefits under any public retirement or pension system;

(7) Claims for principal or interest on any bonds, notes, warrants, or other evidences of indebtedness;

(8) Claims for the reimbursement, repayment, refund, cancellation, or exemption of any tax or fee adopted, imposed, levied, or collected by the City;

(9) Claims which relate to a special assessment constituting a specific lien against the property assessed and which are payable from the proceeds of such assessment, by offset of a claim for damages against it or by delivery or any warrant or bonds representing it;

(10) Claims by the State or by a State department or agency or by another local public entity or by a judicial branch entity;

(11) Claims arising under any provision of the Unemployment Insurance Code, including but not limited to claims for money or benefits, or for refunds or credits of employer or worker contributions, penalties or interest, or for refunds to workers of deductions from wages in excess of the amount prescribed;

(12) Claims for the recovery of penalties or forfeitures made pursuant to the Labor Code § 1720;

(13) Claims governed by the Pedestrian Mall Law of 1960, Part 1 (commencing with Section 11000) of Division 13 of the Streets and Highways Code;

(14) Claims made pursuant to Code of Civil Procedure § 340.1 for the recovery of damages suffered as a result of childhood sexual abuse. This subdivision shall apply only to claims arising out of conduct occurring on or after January 1, 2009;

(15) Any other claims that may be included within Government Code § 905 after the effective date of the ordinance from which this section is derived.

(b) Claims filed pursuant to subsection (a)(1), (8) or (9) of this section may only be filed by the person who actually paid the tax or assessment, and only the person who paid the tax or assessment may bring an action for a refund, reimbursement, repayment, cancellation, or exemption.

(Code 1975, § 2-50; Ord. No. 2001-05, § 1)