BOARD POLICY – 3320
Claim Presentation Requirements
Any and all claims for money or damages against the District must be presented to and acted upon in accordance with Board Policy 3320 and Administrative Regulation 3320 which have been adopted by the Governing Board pursuant to Government Code Section 935. Compliance with these District Claim Procedures is a prerequisite to any court action, including specifically those claims excepted by Government Code Section 905, unless the claim is governed by statutes or regulations which expressly free the claimant from the obligation to comply with this policy and the claims procedures set forth in the Government Code.
This policy is effective immediately and applies retroactively to any and all claims, including to claims which accrued prior to the enactment of this policy.
Legal References
EDUCATION CODE
35200 Liability for debts and contracts
35202 Claims against districts; applicability of Government Code
CODE OF CIVIL PROCEDURE
340.1 Damages suffered as a result of childhood sexual abuse
GOVERNMENT CODE
800 Cost in civil actions
935 Authority to enact local claims procedure
810-996.6 Claims and actions against public entities
53051 Information filed with secretary of state and county clerk
PENAL CODE
72 Fraudulent claims
COURT DECISIONS
City of Stockton v. Superior Court (2007) 42 Cal.4th 730
Connelly v. County of Fresno (2006) 146 Cal.App.4th 29
CSEA v. South Orange Community College District (2004) 123 Cal.App.4th 574
CSEA v. Azusa Unified School District (1984) 152 Cal.App.3d 580
State of California v. Superior Court (Bodde) (2004) 32 Cal.4th 1234
Tapia v. County of San Bernardino (1994) 29 Cal.App.4th 375
Policy Adopted: July 10, 2018