Chapter 1.20

CLAIMS PROCEDURES

Parts:

• 1 Authority and Application

• 2 Presentation and Processing of Covered Claims

Part 1

AUTHORITY AND APPLICATION

Sections:

• 1.20.010 Authority.

• 1.20.020 Application. 1.20.030 Construction.

• 1.20.040 Time barred claims.

This chapter is enacted pursuant to Section 935 of the California Government Code. (Ord. 28206.)

• A. Except as set forth in Subsection B, the provisions of this chapter shall apply to all claims for money or damages against the City which are excepted under California Government Code Section 905 from the claims filing requirements of Chapter 1 and Chapter 2 of Division 3.6 of Title 1 of the California Government Code, and which are not governed by any other state statutes or regulations expressly relating thereto. Such claims are referred to in this chapter as "covered claims."

• B. Covered claims shall exclude the following:

  1. Claims governed by other provisions of this Code which expressly provide for the filing of a claim as a prerequisite for filing suit against the city for money or damages.

  2. Claims by public employees for fees, salaries, wages, mileage or other expenses and allowances.

  3. Applications or claims for money or benefits under any public retirement or pension system.

(Ord. 28206.)

Nothing contained herein is intended to extend any statute of limitations or claims filing period provided under other provisions of this Code, State law, or any other applicable law or regulation related to filing a judicial action or other proceeding for recovery of money or damages against the City. References in this Chapter to specific sections of the California Government Code shall refer to those provisions as they now exist or shall hereafter be amended.

(Ord. 28206.)

Nothing in this Chapter revives or reinstates any claim or cause of action that, on the effective

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GENERAL PROVISIONS

§ 1.21.010

date of this Chapter, is barred by failure to comply with any previously applicable statute, ordinance or regulation requiring the presentation of a claim prior to suit, or by failure to commence any action within the period prescribed by an applicable statute of limitations.

chapter, in the manner prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that part applies by its own terms.

(Ord. 28206.)

(Ord. 28206.)

Part 2

PRESENTATION AND PROCESSING OF COVERED CLAIMS

Sections:

• 1.20.210 Form of claim.

• 1.20.220 City action on claims.

• 1.20.230 Claim prerequisite to suit.

• 1.20.240 Suit.

Except as modified by this chapter all covered claims against the city for money or damages shall be presented to the city within the time and in the manner prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that part applies by its own terms. (Ord. 28206.)

All covered claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. Any covered claim filed on behalf of more than one person shall be verified by each person on behalf of whom the claim is filed or by his or her guardian, conservator, executor or administrator. In addition, all covered claims shall contain the information required by California Government Code Section 910.

(Ord. 28206.)

Covered claims shall be acted upon by the city within the time and, except as modified by this

In accordance with California Government Code Sections 935(b) and 945.6, no action against the city may be maintained by a person who has not complied with applicable claims presentation requirements.

(Ord. 28206.)

Any action brought against the city upon any covered claim shall conform to the requirements of Section 940 through and including Section 949 of the California Government Code. Any action brought against any employee of the city upon any covered claim or demand shall conform to the requirements of Section 950 through and including Section 951 of the California Government Code. (Ord. 28206.)