Loomis Municipal Code Ch. 2.48 Claims

A. To the extent that the laws of the state of California set forth a procedure applicable to claims specified therein against the local public entities and public officers and employees thereof, such state laws shall, from and after January 14, 1963, govern such claims to the exclusion of the provisions of any and all ordinances of the town.

B. Subject to the provisions of subsection A, above, and except in those cases where a different period of time in which to file a claim is otherwise specified by law, all claims or demands which are based on a cause of action accruing from and after January 14, 1963, against the town, or any board or department thereof, or any officer or employee thereof for an act or omission during the course of his or her service or employment, shall be presented within one year after the accrual of the cause of action.

C. For the purpose of computing the time limit prescribed by this section, the date of accrual of a cause of action to which a claim relates is the date upon which the cause of action accrued within the meaning of the applicable statute of limitations.

D. Suit on any claim which is rejected in whole or in part by any officer of the town whose approval may be required, against the town or any officer, employee, board or department thereof, shall be brought within six months after the rejection of such claim in whole or in part by the town. When any claim is in part allowed and in part rejected, the claimant may refuse to accept such partial allowance and bring suit for the entire amount of such claim, but if any partial allowance is accepted, no suit shall be brought or maintained upon such claim.

(Ord. 208 § 1, 2003)

No suit shall be brought upon any claim for money or damages, against the town, or any officer, employee, board or department thereof, until a claim or demand for the same has been presented as provided herein or in any ordinance herein authorized.

(Ord. 208 § 1, 2003)