San Jose Municipal Code Part 1 Authority and Application

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 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.

(Ord. 28206.)