This Article applies to claims filed against this District for
money or damages not exempted by Government Code Section 905 and which
are not governed by other statues or regulations.
A claim not covered by Government Claims Act as set forth in
the Government Code shall be presented in accordance with this Article.
A claim, or amendment thereto, shall be presented to the District
by delivering it to the Secretary or by mailing it to the Secretary
at the District’s offices.
A claim presented pursuant to this Article shall be presented
by the claimant or by a person acting on his behalf and shall show:
(a)
The
name and post office address of the claimant;
(b)
Post
office address to which the person presenting the claim desires notice
to be sent;
(c)
The
date, place and other circumstances of the occurrence or transaction
which gave rise to the claim asserted;
(d)
The
general description of the indebtedness, obligation, injury, damage
or loss incurred so far as may be known at the time of presentation
of the claim.
(e)
The
name or names of the public employee or employees causing the injury,
damage or loss if known;
(f)
The
amount claimed as of the date of presentation of the claim, including
the estimated amount of any prospective injury, damage, or loss insofar
as it may be known at the time of presentation of the claim, together
with the basis of computation of the amount claimed; and
(g)
The
signature of the claimant or some person on his behalf.
A claim filed pursuant to this Article relating to a cause of
action for death or for injury to person or to personal property or
growing crop shall be presented not later than six months after accrual
of cause of action. A claim relating to any other cause of action
shall be presented not later than one year after the accrual of the
cause of action.
An application may be made to the District for leave to present
a late claim when a claim required to be presented within a period
of less than six months after the accrual of the cause of action,
is not presented within the required time. Government Code Section
911.4(b) and Section 911.6 through 912.2 inclusive, and Sections 946.4
and 946.6. shall govern the application. The time specified in this
Article shall be the time specified in Government Code Section 911.2
within the meaning of Sections 911.6 and 946.6.
The Board shall act on the claim or application to file late
claim within 45 days after the claim or application has been presented
to the District.
Written notice of action taken pursuant to this Article rejecting
an application or a claim in whole or in part shall be given to the
person who presented the claim.
(a)
No
suit for money or damages may be brought against the District on a
cause of action for which a claim is required until the written claim
therefore has been presented to the District and has been acted upon
by the Board.
(b)
No
suit may be brought against the District on any cause of action for
which a claim is required unless such suit is commenced within six
months after the date the claim is acted upon by the Board, or is
deemed to have been rejected by the Board.
The General Manager may allow compromise or settle a claim against
the District if the amount to be paid pursuant to such allowance,
compromise or settlement does not exceed $10,000. The General Manager
shall advise the Board when there has been allowance, settlement or
compromise on such claim.
The provisions of Code of Civil Procedure Section 1094.6 shall
be applicable to the judicial review of the decisions of the Board
of Directors.
