§ 1011. CLAIMS AGAINST THE CITY.  


Latest version.
  • (A)

    To the extent that the laws of the State of California set forth a procedure applicable to claims specified therein against local public entities and public officers and employees thereof, such State laws shall, from and after January 14, 1963, govern such claims to the exclusion of the provisions of this Charter and all ordinances of this City.

    (B)

    Subject to the provisions of subsection (A) of this Section, and except in those cases where a different period of time is otherwise specified by law, all claims or demands which are based on a cause of action accruing from and after January 14, 1963, against the City, or any board or department thereof, or any officer or employee thereof for an act or omission during the course of his or her service or employment, shall be presented within one year after the accrual of the cause of action.

    (C)

    For the purpose of computing the time limit prescribed by this Section, the date of the accrual of a cause of action to which a claim relates is the date upon which the cause of action accrued within the meaning of the applicable statute of limitations.

    (D)

    Any claim rejected in whole or in part by any officer of the City whose approval may be required, may be presented to the City Council within thirty days after such rejection, and must be so presented before the bringing of any suit against said City or any officer, employee, board or department thereof in his or her or its official capacity, and suit on any claims shall be brought within six months after the rejection of such claim in whole or in part by such City Council. When any claim is in part allowed and in part rejected by said City Council, the claimant may refuse to accept such partial allowance and bring suit for the entire amount of such claim, but if any such partial allowance is accepted, no suit shall be brought or maintained upon such claim.

(Sec. 1011 amended by vote of the people 3-9-1993.)