Chapter 1.16 — CLAIMS AGAINST THE CITY

Except as to demands described in Section 1211 of the Charter, there shall be presented in accordance with this chapter, and as a prerequisite to suit against the city, all claims for money or damages not governed and controlled by California Government Code Part 3 (commencing with Section 900), Division 3.6 of Title 1, and which are more specifically listed as exceptions in Section 905 of Chapter 1, Part 3 of the California Government Code; provided, however, that the claims covered by this section are not governed by any other statutes or regulations expressly relating thereto.

(Ord. O-2009-12 § 2, 2009)

Those claims required by Section 1.16.010 of this chapter shall be presented to the city clerk in accordance with and in the manner provided in California Government Code Part 3 (commencing with Section 900) of Division 3.6 of Title 1. (Ord. O-2009-12 § 2, 2009)

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 1.16.010 of this chapter until a written claim therefor has been presented and has been acted upon or has been deemed rejected, in accordance with procedures prescribed by Section 1.16.020 of this chapter. (Ord. O-2009-12 § 2, 2009)

Any suit brought against the city for which a claim is required to be presented in accordance with Section 1.16.010 of this chapter must be commenced within six months after the date the claim is acted upon or deemed rejected by the city.

(Ord. O-2009-12 § 2, 2009)

Where a claim that is required to be presented to the city in accordance with this chapter is so presented and action thereon is taken:

• (1) 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;

• (2) 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 to such effect, the claimant has accepted the amount allowed in settlement of the entire claim.

• (Ord. O-2009-12 § 2, 2009)

The city council may compromise, or may delegate the authority to its attorney or an employee to compromise any pending action. (Ord. O-2009-12 § 2, 2009)