State Codes and Statutes

Statutes > California > Gov > 935-935.9

GOVERNMENT CODE
SECTION 935-935.9



935.  (a) Claims against a local public entity for money or damages
which are excepted by Section 905 from Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910) of this
part, and which are not governed by any other statutes or regulations
expressly relating thereto, shall be governed by the procedure
prescribed in any charter, ordinance or regulation adopted by the
local public entity.
   (b) The procedure so prescribed may include a requirement that a
claim be presented and acted upon as a prerequisite to suit thereon.
If such requirement is included, any action brought against the
public entity on the claim shall be subject to the provisions of
Section 945.6 and Section 946.
   (c) The procedure so prescribed may not require a shorter time for
presentation of any claim than the time provided in Section 911.2.
   (d) The procedure so prescribed may not provide a longer time for
the board to take action upon any claim than the time provided in
Section 912.4.
   (e) When a claim required by the procedure to be presented within
a period of less than one year after the accrual of the cause of
action is not presented within the required time, an application may
be made to the public entity for leave to present such claim.
Subdivision (b) of Section 911.4, Sections 911.6 to 912. 2,
inclusive, and Sections 946.4 and 946.6 are applicable to all such
claims, and the time specified in the charter, ordinance or
regulation shall be deemed the "time specified in Section 911.2"
within the meaning of Sections 911.6 and 946.6.



935.2.  A charter provision, or a local public entity by ordinance
or resolution, may establish a claims board or commission of not less
than three members to perform such functions of the governing body
of the public entity under this part as are prescribed by the local
public entity. A charter provision, ordinance or resolution may
provide that, upon the written order of the claims board or
commission, the auditor or other fiscal officer of the local public
entity shall cause a warrant to be drawn upon the treasury of the
local public entity in the amount for which a claim has been allowed
or compromised or settled.


935.4.  A charter provision, or a local public entity by ordinance
or resolution, may authorize an employee of the local public entity
to perform those functions of the governing body of the public entity
under this part that are prescribed by the local public entity, but
only a charter provision may authorize that employee to allow,
compromise, or settle a claim against the local public entity if the
amount to be paid pursuant to the allowance, compromise or settlement
exceeds fifty thousand dollars ($50,000). A charter provision,
ordinance, or resolution may provide that, upon the written order of
that employee, the auditor or other fiscal officer of the local
public entity shall cause a warrant to be issued upon the treasury of
the local public entity in the amount for which a claim has been
allowed, compromised, or settled.



935.6.  (a) The Victim Compensation and Government Claims Board may
authorize any state agency to settle and pay claims filed pursuant to
Section 905.2 if the settlement does not exceed one thousand dollars
($1,000) or a lesser amount as the board may determine, or to reject
the claim and provide the notice required by Section 913. The board
may require state agencies that it so authorizes to report annually
to the board concerning the claims resolved pursuant to this section.
   (b) As used in this section, "state agency" means any office,
officer, department, division, bureau, board, commission, or agency
of the state, claims against which are paid by warrants drawn by the
Controller, but does not mean any judicial branch entity, as defined
in Section 900.3, or any judge thereof.


935.7.  (a) Notwithstanding Section 935.6, the Department of
Transportation may deny or adjust and pay any claim arising out of
the activities of the department without the prior approval of the
California Victim Compensation and Government Claims Board if both of
the following conditions exist:
   (1) The amount claimed is five thousand dollars ($5,000) or less.
   (2) The Director of Finance or the Director of Transportation
certifies that a sufficient appropriation for the payment of the
claim exists.
   (b) If the department elects not to pay any claim, the department
shall provide the notice required by Section 913.
   (c) Any person who submits any claim arising out of any activity
of the Department of Transportation shall comply with every other
applicable provision of this part relating to claims against state
agencies.



935.8.  The Judicial Council may adjust and pay any claim arising
out of the activities of a judicial branch entity or judge thereof.
The Judicial Council may adopt rules of court authorizing any
committee of the Judicial Council or employee of the Administrative
Office of the Courts to perform the functions of the Judicial Council
under this section.



935.9.  The Trustees of the California State University may adjust
and pay any claim arising out of the activities of the California
State University. The Trustees of the California State University
may, by rule, authorize the Office of Risk Management at the
Chancellor's Office of the California State University to perform the
functions of the Trustees of the California State University under
this section.


State Codes and Statutes

Statutes > California > Gov > 935-935.9

GOVERNMENT CODE
SECTION 935-935.9



935.  (a) Claims against a local public entity for money or damages
which are excepted by Section 905 from Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910) of this
part, and which are not governed by any other statutes or regulations
expressly relating thereto, shall be governed by the procedure
prescribed in any charter, ordinance or regulation adopted by the
local public entity.
   (b) The procedure so prescribed may include a requirement that a
claim be presented and acted upon as a prerequisite to suit thereon.
If such requirement is included, any action brought against the
public entity on the claim shall be subject to the provisions of
Section 945.6 and Section 946.
   (c) The procedure so prescribed may not require a shorter time for
presentation of any claim than the time provided in Section 911.2.
   (d) The procedure so prescribed may not provide a longer time for
the board to take action upon any claim than the time provided in
Section 912.4.
   (e) When a claim required by the procedure to be presented within
a period of less than one year after the accrual of the cause of
action is not presented within the required time, an application may
be made to the public entity for leave to present such claim.
Subdivision (b) of Section 911.4, Sections 911.6 to 912. 2,
inclusive, and Sections 946.4 and 946.6 are applicable to all such
claims, and the time specified in the charter, ordinance or
regulation shall be deemed the "time specified in Section 911.2"
within the meaning of Sections 911.6 and 946.6.



935.2.  A charter provision, or a local public entity by ordinance
or resolution, may establish a claims board or commission of not less
than three members to perform such functions of the governing body
of the public entity under this part as are prescribed by the local
public entity. A charter provision, ordinance or resolution may
provide that, upon the written order of the claims board or
commission, the auditor or other fiscal officer of the local public
entity shall cause a warrant to be drawn upon the treasury of the
local public entity in the amount for which a claim has been allowed
or compromised or settled.


935.4.  A charter provision, or a local public entity by ordinance
or resolution, may authorize an employee of the local public entity
to perform those functions of the governing body of the public entity
under this part that are prescribed by the local public entity, but
only a charter provision may authorize that employee to allow,
compromise, or settle a claim against the local public entity if the
amount to be paid pursuant to the allowance, compromise or settlement
exceeds fifty thousand dollars ($50,000). A charter provision,
ordinance, or resolution may provide that, upon the written order of
that employee, the auditor or other fiscal officer of the local
public entity shall cause a warrant to be issued upon the treasury of
the local public entity in the amount for which a claim has been
allowed, compromised, or settled.



935.6.  (a) The Victim Compensation and Government Claims Board may
authorize any state agency to settle and pay claims filed pursuant to
Section 905.2 if the settlement does not exceed one thousand dollars
($1,000) or a lesser amount as the board may determine, or to reject
the claim and provide the notice required by Section 913. The board
may require state agencies that it so authorizes to report annually
to the board concerning the claims resolved pursuant to this section.
   (b) As used in this section, "state agency" means any office,
officer, department, division, bureau, board, commission, or agency
of the state, claims against which are paid by warrants drawn by the
Controller, but does not mean any judicial branch entity, as defined
in Section 900.3, or any judge thereof.


935.7.  (a) Notwithstanding Section 935.6, the Department of
Transportation may deny or adjust and pay any claim arising out of
the activities of the department without the prior approval of the
California Victim Compensation and Government Claims Board if both of
the following conditions exist:
   (1) The amount claimed is five thousand dollars ($5,000) or less.
   (2) The Director of Finance or the Director of Transportation
certifies that a sufficient appropriation for the payment of the
claim exists.
   (b) If the department elects not to pay any claim, the department
shall provide the notice required by Section 913.
   (c) Any person who submits any claim arising out of any activity
of the Department of Transportation shall comply with every other
applicable provision of this part relating to claims against state
agencies.



935.8.  The Judicial Council may adjust and pay any claim arising
out of the activities of a judicial branch entity or judge thereof.
The Judicial Council may adopt rules of court authorizing any
committee of the Judicial Council or employee of the Administrative
Office of the Courts to perform the functions of the Judicial Council
under this section.



935.9.  The Trustees of the California State University may adjust
and pay any claim arising out of the activities of the California
State University. The Trustees of the California State University
may, by rule, authorize the Office of Risk Management at the
Chancellor's Office of the California State University to perform the
functions of the Trustees of the California State University under
this section.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 935-935.9

GOVERNMENT CODE
SECTION 935-935.9



935.  (a) Claims against a local public entity for money or damages
which are excepted by Section 905 from Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910) of this
part, and which are not governed by any other statutes or regulations
expressly relating thereto, shall be governed by the procedure
prescribed in any charter, ordinance or regulation adopted by the
local public entity.
   (b) The procedure so prescribed may include a requirement that a
claim be presented and acted upon as a prerequisite to suit thereon.
If such requirement is included, any action brought against the
public entity on the claim shall be subject to the provisions of
Section 945.6 and Section 946.
   (c) The procedure so prescribed may not require a shorter time for
presentation of any claim than the time provided in Section 911.2.
   (d) The procedure so prescribed may not provide a longer time for
the board to take action upon any claim than the time provided in
Section 912.4.
   (e) When a claim required by the procedure to be presented within
a period of less than one year after the accrual of the cause of
action is not presented within the required time, an application may
be made to the public entity for leave to present such claim.
Subdivision (b) of Section 911.4, Sections 911.6 to 912. 2,
inclusive, and Sections 946.4 and 946.6 are applicable to all such
claims, and the time specified in the charter, ordinance or
regulation shall be deemed the "time specified in Section 911.2"
within the meaning of Sections 911.6 and 946.6.



935.2.  A charter provision, or a local public entity by ordinance
or resolution, may establish a claims board or commission of not less
than three members to perform such functions of the governing body
of the public entity under this part as are prescribed by the local
public entity. A charter provision, ordinance or resolution may
provide that, upon the written order of the claims board or
commission, the auditor or other fiscal officer of the local public
entity shall cause a warrant to be drawn upon the treasury of the
local public entity in the amount for which a claim has been allowed
or compromised or settled.


935.4.  A charter provision, or a local public entity by ordinance
or resolution, may authorize an employee of the local public entity
to perform those functions of the governing body of the public entity
under this part that are prescribed by the local public entity, but
only a charter provision may authorize that employee to allow,
compromise, or settle a claim against the local public entity if the
amount to be paid pursuant to the allowance, compromise or settlement
exceeds fifty thousand dollars ($50,000). A charter provision,
ordinance, or resolution may provide that, upon the written order of
that employee, the auditor or other fiscal officer of the local
public entity shall cause a warrant to be issued upon the treasury of
the local public entity in the amount for which a claim has been
allowed, compromised, or settled.



935.6.  (a) The Victim Compensation and Government Claims Board may
authorize any state agency to settle and pay claims filed pursuant to
Section 905.2 if the settlement does not exceed one thousand dollars
($1,000) or a lesser amount as the board may determine, or to reject
the claim and provide the notice required by Section 913. The board
may require state agencies that it so authorizes to report annually
to the board concerning the claims resolved pursuant to this section.
   (b) As used in this section, "state agency" means any office,
officer, department, division, bureau, board, commission, or agency
of the state, claims against which are paid by warrants drawn by the
Controller, but does not mean any judicial branch entity, as defined
in Section 900.3, or any judge thereof.


935.7.  (a) Notwithstanding Section 935.6, the Department of
Transportation may deny or adjust and pay any claim arising out of
the activities of the department without the prior approval of the
California Victim Compensation and Government Claims Board if both of
the following conditions exist:
   (1) The amount claimed is five thousand dollars ($5,000) or less.
   (2) The Director of Finance or the Director of Transportation
certifies that a sufficient appropriation for the payment of the
claim exists.
   (b) If the department elects not to pay any claim, the department
shall provide the notice required by Section 913.
   (c) Any person who submits any claim arising out of any activity
of the Department of Transportation shall comply with every other
applicable provision of this part relating to claims against state
agencies.



935.8.  The Judicial Council may adjust and pay any claim arising
out of the activities of a judicial branch entity or judge thereof.
The Judicial Council may adopt rules of court authorizing any
committee of the Judicial Council or employee of the Administrative
Office of the Courts to perform the functions of the Judicial Council
under this section.



935.9.  The Trustees of the California State University may adjust
and pay any claim arising out of the activities of the California
State University. The Trustees of the California State University
may, by rule, authorize the Office of Risk Management at the
Chancellor's Office of the California State University to perform the
functions of the Trustees of the California State University under
this section.