Pursuant to Cal. Gov't Code § 935, claims against the city and any city officers, employees and agents for money or damages which are excepted by Cal. Gov't Code § 905 from the claims presentation requirements and which are not governed by any other statute or regulation expressly relating thereto, shall be governed by the procedures contained in chapter 1 (commencing with Cal. Gov't Code § 900) and chapter 2 (commencing with Cal. Gov't Code § 910) of part 3, division 3.6, title 1 of the Government Code as a prerequisite to bringing any lawsuit or action for money or damages against the city or any city officers, employees or agents. Such claims shall include the following:
(A) Claims under the Revenue and Taxation Code or other statute prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification, or adjustment of any tax, assessment, fee or charge or any portion thereof, or of any penalties, costs or charges related thereof;
(B) Claims in connection with which the filing of a notice of lien, statement of claim, or stop notice is required under any provision of law relating to mechanics', laborers' or materialmen's liens;
(C) Claims by public employees for fees, salaries, wages, mileage or other expenses and allowances;
(D) Claims for which workers' compensation authorized by division 4 (commencing with Cal. Labor Code § 3201) of the Labor Code is the exclusive remedy;
(E) Application or claims for any form of public assistance under the Welfare and Institutions Code or other provisions of law relating to public assistance programs, and claims for goods, services, provisions or other assistance rendered for or on behalf of any recipient of any form of public assistance;
(F) Applications or claims for money or benefits under any public retirement or pension system;
(G) Claims for principal or interest upon any bonds, notes, warrants or other evidences of indebtedness;
(H) Claims which relate to a special assessment constituting a specific lien against the property assessed and which are payable from the proceeds of such an assessment, by offset of a claim for damages against it or by delivery or any warrant or bonds representing it;
(I) Claims by state or by a state department or agency or by another local public entity;
(J) Claims arising under any provision of the Unemployment Insurance Code, including but not limited to claims for money or benefits, or for refunds or credits of employer or worker contributions, penalties or interest, or for refunds to workers of deductions from wages in excess of the amount prescribed;
(K) Claims for recovery of penalties or forfeitures made pursuant to article 1 (commencing with Cal. Labor Code § 1720) of chapter 1 of part 7 of division 2 of the Labor Code;
(L) Claims governed by the Pedestrian Mall Law of 1960, part 1 (commencing with Cal. Streets and Highways Code § 11000) of division 13 of the Streets and Highways Code; and
(M) Any other claims that may be included within Cal. Gov't Code § 905 in the future.
(N) Any claim shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. In addition, all claims shall contain the information required by Cal. Gov’t Code § 910. The foregoing reference to Cal. Gov’t Code § 910 shall not be construed to authorize a class claim; no claim may be filed on behalf of a class of persons unless verified by every member of that class.
(O) In accordance with Cal. Gov’t Code §§ 935(B) and 945.6, all claims shall be presented as provided in this section and acted upon by the city prior to the filing of any action on such claims and no such action may be maintained by a person, or his or her guardian, conservator, executor or administrator, who has not complied with the requirements of this section.
(P) Any action brought against the city upon any claim or demand shall conform to the requirements of Cal. Gov’t Code §§ 940 through 949. Any action brought against an employee of the city shall conform to the requirements of Cal. Gov’t Code §§ 950 through 951.
(Q) No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the city or an officer thereof to prevent or enjoin the collection of taxes, fees or fines sought to be collected pursuant to any provision or resolution ordinance of the city for the payment of all taxes, fees or fines, unless and until the taxes, fees or fines, and any outstanding interest and penalties have been paid in full.
(Ord. 1103, passed 7-5-95; Am. Ord. 1349, passed 3-7-12)