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CHAPTER 3.28
CLAIMS AND DEMANDS
Sections:
   3.28.010   General.
   3.28.020   Special claims procedures.
   3.28.030   Suits prohibited where full payment or compromise effected.
§ 3.28.010 GENERAL.
   (A)   The provisions of this chapter recognize that the general claim procedures, applicable to local public agencies, including this city, are governed by the provisions of Cal. Gov't Code Chapter 1 (commencing with § 900) and Title 1, Division 3.6, Part 3, Chapter 2 (commencing with § 910).
   (B)   The procedures relating to the presentation, processing, review, settlement, compromise and rejection of claims for money or damages against the city must be consistent with the provision of Cal. Gov't Code referenced in division (A) of this section.
   (C)   All claims and demands against the city shall be filed with the City Clerk.
(`83 Code, § 3.28.010) (Ord. 2000-12 § 1, 2000)
§ 3.28.020 SPECIAL CLAIM PROCEDURES.
   In accordance with the authority conferred by Cal. Gov't Code § 935, the following procedures are established for claims against the city for money or damages that are not governed by state statutes.
   (A)   Claims required. Notwithstanding the exemptions set forth in Cal. Gov't Code § 905, all claims against the city for damages or money, when a procedure for processing those claims is not otherwise provided by state statutes, must be presented within the time limitations and in the manner prescribed by Cal. Gov't Code §§ 910 through 915.2. Those claims are further 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 or its designee.
   (B)   Format of claims. All claims must be in writing and verified by the claimant or by the claimant's guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless every member of that class as required by this division verifies it. In addition, all claims must contain the information required by Cal. Gov't Code §§ 910 and 910.2.
(`83 Code, § 3.28.020) (Ord. 2000-12 § 1, 2000)
§ 3.28.030 SUITS PROHIBITED WHERE FULL PAYMENT TO COMPROMISE EFFECTED.
   Where a claim that is required to be presented to the city in accordance with § 3.28.020 is so presented and action thereon is taken:
   (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 to such effect, the claimant has accepted the amount allowed in settlement of the entire claim.
(`83 Code, § 3.28.030) (Ord. 82-2 § 2, 1982; Ord. 2000-12 § 1, 2000)