Davis Municipal Code/1.01.200

Davis Municipal Code Chapter 1

(a)Scope. This section shall govern all claims against the city for money or damages not otherwise governed by the Tort Claims Act, California Government Code Section 900 et seq., or another state law (hereinafter in this section "claims").

(b)Form of Claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor, or administrator. No claims may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition all claims shall contain all of the following as required under California Government Code section 910:

(1)The name and post office address of the claimant.

(2)The post office address to which the person presenting the claim desires the notices to be sent.

(3)The date, place, and other circumstances of the occurrence or transaction which gave rise to the claim asserted.

(4)A general description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be known at the time of presentation of the claim.

(5)The name or names of the public employee or employees causing the injury, damage, or loss, if known.

(6)The amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or other loss, insofar as it may be know at the time of presentation of the claim, together with the basis of computation of the amount claimed. If the amount exceeds ten thousand dollars ($10,000) no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case.

(c)Timing of Claim. All claims for money damages shall be brought according to the following requirements:

(1)Claims for personal or property injury shall be brought not later than six months after the accrual of the cause of action.

(2)All other types of claims shall be brought not later than one year after the accrual of the cause of action.

(d)Written Agreements. Pursuant to Chapter 5 (commencing with §930) of Part 3 of Division 3.6 of Title 1 of the Government Code, written agreements entered into by or in behalf of the city may provide that all claims arising out of or related to the agreement must be presented not later than one (1) year after the accrual of the cause of action. Such claims shall be governed by this section.

(e)Claim Prerequisite to Suit. In accordance with California Government Code section 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the City Council prior to 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 this section.

(f)Suit. Any action brought against the City of Davis upon any claim or demand shall conform to the requirements of Section 940-949 of the California Government Code. Any action brought against any employee of the City of Davis shall conform with the requirements of Section 950-951 of the California Government Code.

(g)No Reinstatement Or Revival. Nothing in this section revives or reinstates any cause of action which, on the effective date of the ordinance codified in this section, is barred by either (1) failure to comply with an applicable statute, regulation or ordinance requiring the presentation of a claim; or (2) failure to commence an action thereon within the period prescribed by an applicable statute of limitations.

(h)Retroactivity. Subject to subsection (g) of this section, where a cause of action accrued prior to the effective date of this section, the provisions of this section shall apply retroactively to such cause of action, and to any claim heretofore or hereafter presented relating to such cause of action. (Ord. No. 1365 § 1.)

Comments:

Note: You must be logged in to add comments