San Bernardino County Municipal Code Ch. 3 Claims Against the County

There shall be presented in accordance with this Chapter and as a prerequisite to suit against the County of San Bernardino, all claims for money or damages not governed and controlled by Part 3 (commencing with Government Code § 900), and which are more specifically listed as exceptions in Government Code § 905, provided that the claims covered by this Section are not governed by any other statutes or regulations expressly relating thereto.

(Ord. 1115, passed - -1963; Am. Ord. 2734, passed - -1983)

Those claims required by § 11.0301 of this Chapter shall be presented to the Board of Supervisors or the Risk Manager in accordance with and in the manner provided in the California Government Code §§ 900 et seq. as contained in Article I of Chapter 2 entitled “Presentation and Consideration of Claims,” Article 2 of Chapter 2 entitled “Manner of Presentation and Giving Notice,” and § 12.3405 of the Code.

(Ord. 1115, passed - -1963; Am. Ord. 2734, passed - -1983)

No suit for money or damages may be brought against the County of San Bernardino on a cause of action for which a claim is required to be presented under § 11.0301 of this Chapter until a written claim therefor has been presented to the Board of Supervisors or the Risk Manager and has been acted upon or has been deemed rejected, in accordance with procedures prescribed by § 11.0302 of this Chapter. Only the person who filed the claim may bring such a suit.

(Ord. 1115, passed - -1963; Am. Ord. 2734, passed - -1983)

(a) Except as provided in Subdivision (b), any suit brought against the County of San Bernardino for which a claim is required to be presented in accordance with § 11.0301 of this Chapter must be commenced within six months after the date the claim is acted upon or deemed rejected by the Board of Supervisors or the Risk Manager.

(b) Exception. When a person is unable to commence a suit on a cause of action described in Subdivision (a) within the time prescribed in that Subdivision because he or she has been sentenced to imprisonment in a state prison, such suit must be commenced within six months after the date that the civil right to commence such action is restored to such person. A person sentenced to imprisonment in a state prison may not commence such suit unless he or she presented a claim in accordance with § 11.0302 of this Chapter within the time prescribed therein.

(Ord. 1115, passed - -1963; Am. Ord. 2734, passed - -1983)

Where a claim that is required to be presented to the County of San Bernardino in accordance with §§ 11.0301 and 11.0302 of this Chapter is so presented and action thereon is taken by the Board of Supervisors or the Risk Manager:

(a) 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.

(b) 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 of the Board of Supervisors or the Risk Manager to such effect, the claimant has accepted the amount allowed in settlement of the entire claim.

(Ord. 1115, passed - -1963; Am. Ord. 2734, passed - -1983)

The Board of Supervisors may compromise, or may delegate the authority to its attorney or an employee to compromise, any pending action.

(Ord. 1115, passed - -1963; Am. Ord. 2734, passed - -1983)