Calvao

Calvao v. Superior Court

Good Law
1988 Cal. App. LEXIS 508·201 Cal. App. 3d 921·247 Cal. Rptr. 470
Court of Appeal of CaliforniaMay 5, 1988D007617California573 words

Opinion

Opinion

Work, J.

Myron Klippert, a County of San Diego employee, was given an increase in his bonus June 21, 1985. Due to clerical error, it was not included in his pay until May 19, 1987. The county reimbursed Klippert for the year preceding discovery of the error (May 19, 1986-May 19, 1987) and disallowed the rest on the basis it was barred by San Diego County Administrative Code section 147. Klippert sued in small claims for the amount disallowed and got judgment. A trial de novo in superior court had the same result. The county brought a petition for writ of mandate and request for stay of execution. We declined to issue a stay but now grant the relief requested.

Government Code section 905 requires all claims for money or damages against local public entities be brought in accordance with the Tort Claims Act except “[cjlaims by public employees for fees, salaries ... or other expenses . . . .” (Gov. Code, § 905, subd. (c).) As to these excepted claims, the local public entity is to adopt appropriate rules and regulations (Gov. Code, § 935). The County of San Diego has adopted article X, “Claims Against the County,” into the San Diego County Administrative Code. Section 145 et seq.…

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