Los Alamitos Municipal Code Ch. 3.28 Claims Against City

Pursuant to Section 935 of the Government Code, all claims against the city for money, damages or indemnification, including, but not limited to, those exempted by Section 905 of the Government Code from the provisions of Division 3.6 of the Government Code (Section 810 et seq.), including, but not limited to, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910), and is not governed by any other statute or regulation expressly relating thereto shall be governed by the procedure prescribed in this chapter.

(Ord. 567 § 1, 1993; Ord. 653 § 2, 2002)

No suit for money, damages or indemnification as described in Section 3.28.020 may be brought against the city until a written claim therefor has been presented and acted upon, or has been deemed to have been rejected, in accordance with this chapter and Sections 945.4, 945.6 and 946 of the Government Code.

(Ord. 567 § 1, 1993; Ord. 653 § 3, 2002)

Any claim specified in Section 3.28.010 shall be presented in accordance with the time limitations set forth in Government Code, Section 911.2. In addition, pursuant to Government Code, Section 901, any claim against the city for equitable indemnity or partial equitable indemnity shall be presented not later than six months after the date upon which a defendant is served with the complaint giving rise to the defendant's claim for a cause of action for equitable indemnity or partial equitable indemnity against the city.

(Ord. 567 § 1, 1993)

In accordance with Section 935 of the Government Code, the late filing of claims pursuant to this chapter is regulated by Section 911.4 and 911.6 through 912.2, inclusive, of the Government Code.

(Ord. 567 § 1, 1993)

A signed, written claim shall be presented to the city clerk by mailing or delivering it to the city clerk. The claim shall conform to the requirements of Section 910 of the Government Code or to a form provided by the city, if such form is provided.

(Ord. 567 § 1, 1993)

Unless otherwise provided in this chapter, the procedure for consideration and action upon all claims filed pursuant to this chapter shall be the same as the procedure provided and required by Sections 910 through 915.4, inclusive, of the Government Code. In accordance with Section 935 of the Government Code, the consideration and action upon claims presented pursuant to Section 3.28.040 shall be the same as the procedure provided and required by Section 946.6 of the Government Code.

(Ord. 567 § 1, 1993; Ord. 653 § 4, 2002)