(A) Authority. The provisions of this chapter are subject to provisions of Cal. Gov’t Code Title 1, Division 3.6, Part 3, Chapter 1, commencing with Cal. Gov’t Code §§ 900 et seq. Pursuant to the authority contained in Cal. Gov’t Code § 935, the following claims procedures are established for those claims against the city for money or damages.
(B) Claims required. Notwithstanding the exceptions set forth in Cal. Gov’t Code § 905, all claims against the city for money or damages, when a procedure for processing such claims is not otherwise provided by state or local laws, shall contain the information required and be presented within the time limitations and in the manner prescribed by Cal. Gov’t Code §§ 910 through 915.2, and as further provided by this chapter. Such claims shall further be subject to the provisions of Cal. Gov’t Code §945.4 relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the City Council of the city.
(C) Form of claim. All claims or demands against the city shall be filed with the City Clerk of the city, made in writing, and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim or demand may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. Notwithstanding the foregoing, nothing herein shall permit the filing of a refund claim on behalf of a class or group of taxpayers for a refund of taxes.
(D) Claim prerequisite to suit. 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 who has not complied with the requirements of subsections (B) and (C) of this section.
(E) Suit. 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 any employee of the city shall conform with the requirements of Cal. Gov’t Code §§ 950 through 951.
(Ord. 566, passed 4-1-2008)