SECTIONS 905-907 - California Statutes

GOVERNMENT CODE

SECTION 905-907

905. There shall be presented in accordance with Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) all claims for money or damages against local public entities
except any of the following:
(a) Claims under the Revenue and Taxation Code or other statute
prescribing procedures for the refund, rebate, exemption,
cancellation, amendment, modification, or adjustment of any tax,
assessment, fee, or charge or any portion thereof, or of any
penalties, costs, or charges related thereto.
(b) Claims in connection with which the filing of a notice of
lien, statement of claim, or stop notice is required under any law
relating to liens of mechanics, laborers, or materialmen.
(c) Claims by public employees for fees, salaries, wages, mileage,
or other expenses and allowances.
(d) Claims for which the workers' compensation authorized by
Division 4 (commencing with Section 3200) of the Labor Code is the
exclusive remedy.
(e) Applications or claims for any form of public assistance under
the Welfare and Institutions Code or other provisions of law
relating to public assistance programs, and claims for goods,
services, provisions, or other assistance rendered for or on behalf
of any recipient of any form of public assistance.
(f) Applications or claims for money or benefits under any public
retirement or pension system.
(g) Claims for principal or interest upon any bonds, notes,
warrants, or other evidences of indebtedness.
(h) Claims that relate to a special assessment constituting a
specific lien against the property assessed and that are payable from
the proceeds of the assessment, by offset of a claim for damages
against it or by delivery of any warrant or bonds representing it.
(i) Claims by the state or by a state department or agency or by
another local public entity or by a judicial branch entity.
(j) Claims arising under any provision of the Unemployment
Insurance Code, including, but not limited to, claims for money or
benefits, or for refunds or credits of employer or worker
contributions, penalties, or interest, or for refunds to workers of
deductions from wages in excess of the amount prescribed.
(k) Claims for the recovery of penalties or forfeitures made
pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of
Part 7 of Division 2 of the Labor Code.
(l) Claims governed by the Pedestrian Mall Law of 1960 (Part 1
(commencing with Section 11000) of Division 13 of the Streets and
Highways Code).
(m) Claims made pursuant to Section 340.1 of the Code of Civil
Procedure for the recovery of damages suffered as a result of
childhood sexual abuse. This subdivision shall apply only to claims
arising out of conduct occurring on or after January 1, 2009.
(n) Claims made pursuant to Section 701.820 of the Code of Civil
Procedure for the recovery of money pursuant to Section 26680.

905.1. No claim is required to be filed to maintain an action
against a public entity for taking of, or damage to, private property
pursuant to Section 19 of Article I of the California Constitution.
However, the board shall, in accordance with the provisions of
this part, process any claim which is filed against a public entity
for the taking of, or damage to, private property pursuant to Section
19 of Article I of the California Constitution.

905.2. (a) This section shall apply to claims against the state
filed with the California Victim Compensation and Government Claims
Board.
(b) There shall be presented in accordance with Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) all claims for money or damages against the state:
(1) For which no appropriation has been made or for which no fund
is available but the settlement of which has been provided for by
statute or constitutional provision.
(2) For which the appropriation made or fund designated is
exhausted.
(3) For money or damages on express contract, or for an injury for
which the state is liable.
(4) For which settlement is not otherwise provided for by statute
or constitutional provision.
(c) Claimants shall pay a filing fee of twenty-five dollars ($25)
for filing a claim described in subdivision (b). This fee shall be
deposited into the General Fund and may be appropriated in support of
the board as reimbursements to Item 1870-001-0001 of Section 2.00 of
the annual Budget Act.
(1) The fee shall not apply to the following persons:
(A) Persons who are receiving benefits pursuant to the
Supplemental Security Income (SSI) and State Supplemental Payments
(SSP) programs (Section 12200 to 12205, inclusive, of the Welfare and
Institutions Code), the California Work Opportunity and
Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing
with Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code), the Food Stamp program (7 U.S.C. Sec. 2011 et
seq.), or Section 17000 of the Welfare and Institutions Code.
(B) Persons whose monthly income is 125 percent or less of the
current monthly poverty line annually established by the Secretary of
California Health and Human Services pursuant to the federal Omnibus
Budget Reconciliation Act of 1981 (Public Law 97-35), as amended.
(C) Persons who are sentenced to imprisonment in a state prison or
confined in a county jail, or who are residents in a state
institution and, within 90 days prior to the date the claim is filed,
have a balance of one hundred dollars ($100) or less credited to the
inmate's or resident's trust account. A certified copy of the
statement of the account shall be submitted.
(2) Any claimant who requests a fee waiver shall attach to the
application a signed affidavit requesting the waiver and verification
of benefits or income and any other required financial information
in support of the request for the waiver.
(3) Notwithstanding any other provision of law, an applicant shall
not be entitled to a hearing regarding the denial of a request for a
fee waiver.
(d) The time for the board to determine the sufficiency,
timeliness, or any other aspect of the claim shall begin when any of
the following occur:
(1) The claim is submitted with the filing fee.
(2) The fee waiver is granted.
(3) The filing fee is paid to the board upon the board's denial of
the fee waiver request, so long as payment is received within 10
calendar days of the mailing of the notice of the denial.
(e) Upon approval of the claim by the board, the fee shall be
reimbursed to the claimant, except that no fee shall be reimbursed if
the approved claim was for the payment of an expired warrant.
Reimbursement of the filing fee shall be paid by the state entity
against which the approved claim was filed. If the claimant was
granted a fee waiver pursuant to this section, the amount of the fee
shall be paid by the state entity to the board. The reimbursement to
the claimant or the payment to the board shall be made at the time
the claim is paid by the state entity, or shall be added to the
amount appropriated for the claim in an equity claims bill.
(f) The board may assess a surcharge to the state entity against
which the approved claim was filed in an amount not to exceed 15
percent of the total approved claim. The board shall not include the
refunded filing fee in the surcharge calculation. This surcharge
shall be deposited into the General Fund and may be appropriated in
support of the board as reimbursements to Item 1870-001-0001 of
Section 2.00 of the annual Budget Act.
(1) The surcharge shall not apply to approved claims to reissue
expired warrants.
(2) Upon the request of the board in a form prescribed by the
Controller, the Controller shall transfer the surcharges and fees
from the state entity's appropriation to the appropriation for the
support of the board. However, the board shall not request an amount
that shall be submitted for legislative approval pursuant to Section
13928.
(g) The filing fee required by subdivision (c) shall apply to all
claims filed after June 30, 2004, or the effective date of this
statute. The surcharge authorized by subdivision (f) may be
calculated and included in claims paid after June 30, 2004, or the
effective date of the statute adding this subdivision.

905.3. Notwithstanding any other provision of law to the contrary,
no claim shall be submitted by a local agency or school district, nor
shall a claim be considered by the California Victim Compensation
and Government Claims Board pursuant to Section 905.2, if that claim
is eligible for consideration by the Commission on State Mandates
pursuant to Article 1 (commencing with Section 17550) of Chapter 4 of
Part 7 of Division 4 of Title 2.

905.4. Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of this part shall not be construed to
be an exclusive means for presenting claims to the Legislature nor as
preventing the Legislature from making such appropriations as it
deems proper for the payment of claims against the State which have
not been submitted to the board or recommended for payment by it
pursuant to Chapters 1 and 2 of this part.

905.5. A school district, its officers, directors, or employees
shall have no civil liability in any civil action for injury,
disease, death, or economic loss arising out of exposure on or after
January 1, 1989, to asbestos contained in buildings owned, leased, or
otherwise used by a school district, except upon proof that the
injury, disease, death, or economic loss was caused by the negligence
of the school district, its officers, directors, or employees.
Notwithstanding the provisions of Section 815.6 of the Government
Code and Section 669 of the Evidence Code, no presumption of
negligence shall apply to any action under this section. This section
applies only to actions against school districts, and shall not
apply to any other action, including, but not limited to, actions
against a manufacturer, contractor, or any person who makes, sells,
distributes, furnishes, or installs asbestos-containing materials.
This section shall not affect, alter, or otherwise modify the law
pertaining to workers' compensation claims. This section shall not
affect the right of a school district, its officers, directors, or
employees to seek indemnification.

905.6. This part does not apply to claims against the Regents of
the University of California.

905.7. All claims against a judicial branch entity for money or
damages based upon an express contract or for an injury for which the
judicial branch entity is liable shall be presented in accordance
with Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of this part.

905.8. Nothing in this part imposes liability upon a public entity
unless such liability otherwise exists.

905.9. All claims against the California State University for money
or damages based upon an express contract or for an injury for which
the Trustees of the California State University is liable shall be
presented in accordance with Chapter 1 (commencing with Section 900)
and Chapter 2 (commencing with Section 910) of this part.

906. (a) As used in this section, "amount allowed on the claim"
means the amount allowed by the public entity on a claim allowed in
whole or in part or the amount offered by the public entity to settle
or compromise a claim.
(b) Except as provided in subdivision (c):
(1) No interest is payable on the amount allowed on the claim if
payment of the claim is subject to approval of an appropriation by
the Legislature; but, if an appropriation is made for the payment of
a claim described in this paragraph, interest on the amount
appropriated for the payment of the claim commences to accrue 30 days
after the effective date of the law by which the appropriation is
enacted.
(2) Interest on the amount allowed on the claim, other than a
claim described in paragraph (1), commences to accrue 30 days after
the claimant accepts in writing the amount allowed on the claim in
settlement of the entire claim.
(3) Interest on the amount allowed on the claim accrues at the
rate provided for judgments until paid.
(c) The public entity and the claimant may agree in writing to
vary the terms prescribed by subdivision (b), including but not
limited to, any one or more of the following:
(1) An agreement that no interest will be payable on the amount
allowed on the claim.
(2) An agreement that interest on the amount allowed on the claim
will commence to accrue at a time other than the time specified in
paragraph (1) or (2) of subdivision (b).
(3) An agreement that interest on the amount allowed on the claim
will accrue at a different rate than is specified in paragraph (3) of
subdivision (b).
(d) The public entity may allow a claim in whole or in part, or
may offer to settle or compromise a claim, upon the condition that
the claimant agree in writing to a provision that varies the terms
prescribed in subdivision (b). The acceptance by the claimant in
writing of the amount allowed on the claim in settlement of the
entire claim subject to such condition creates a written agreement
that satisfies the requirements of subdivision (c).
(e) Nothing in this section limits the rights of a claimant to
interest on a judgment obtained against a public entity.

907. A local public entity, as defined in Section 900.4, may offset
any delinquent amount due it for services rendered to any other
local public entity. The offset may be charged, against any amount
reciprocally owing, upon the giving of 30 days advance written
notice, if no written dispute is received from the debtor within the
30-day notice period. Notices from the creditor or the debtor shall
be made through certified mail.
If the offset would result in the debtor's inability to meet
encumbered bonded indebtedness repayments, the debtor shall so state
in a written dispute within the time period stated above.
If a dispute notice is received and the dispute is subsequently
resolved in favor of the entity to whom an amount is due, interest on
the principal amount from the date that amount was originally owing
shall be assessed at the legal rate per annum established pursuant to
Section 685.010 of the Code of Civil Procedure.
For purposes of this section, an amount reciprocally owing
includes any tax revenue collected by a local public entity for
disbursement to another local public entity.