Morgan Hill Municipal Code Ch. 3.08 Claims Against the City

The provisions of Section 1094.6 of the Code of Civil Procedure of the State of California or as amended shall be applicable in the city to decisions by the city, or by any officer, employee, board, commission or other agency of the city. As used in this section, "decision" means an adjudicatory administrative decision made, after hearing, suspending, demoting or dismissing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retirement benefit or allowance.

(Ord. 702 N.S. § 1 (III-6-1.01), 1984)

A. Claims against the city for money or damages which are exempted by Government Code Section 905 from Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code of the State of California, and which are not governed by any other statutes or regulations expressly related thereto, shall be governed by this section. A claim relating to such a cause of action shall be presented not later than one year after the accrual of the cause of action. Such claims shall be presented and processed as provided by Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code insofar as said provisions are not in conflict with this section.

B. No suit for money or damages may be brought against the city until a written claim therefor has been presented to the city council and has been acted upon or has been deemed to have been rejected by the city council, in accordance with this section. Pursuant to Chapter 5 of Part 3 of Division 3.6 of Title 1 of the Government Code, written agreements entered into by or in behalf of the city may provide all claims arising out of or related to the agreement must be presented not later than six months after the accrual of the cause of action, and such claims shall be governed by the provisions of this section.

(Ord. 964 N.S., 1990; Ord. 702 N.S. § 1 (III-6-1.02), 1984)