City of Santa Cruz v. Super. Ct.

INTRODUCTION

The issue in this case is whether real party in interest County of Santa Cruz (County) was required to present its claim for money or damages to petitioner City of Santa Cruz (City) before suing the City. The Government Claims Act (Gov. Code, § 810 et seq.)1 generally requires a party to present a claim for money or damages directly to a public entity before filing a lawsuit. Section 905 of the Government Claims Act “except[s]” certain types of claims from this presentation requirement, including claims brought by a local public entity such as the County. (§ 905, subd. (i).) However, section 935 authorizes a local public entity, such as the City, to adopt a claim

All further statutory references are to the Government Code unless otherwise

indicated. presentation ordinance for claims “which are excepted by Section 905” from the claim presentation requirement of the Government Claims Act. (§ 935, subd. (a).) The City adopted a claim presentation ordinance which, according to the language of the ordinance, applies to “[c]laims against the City of Santa Cruz for money or damages which are not governed by California Government Code section 905 . . .” (Santa Cruz Mun.…