The City of Santa Cruz is engaged in a legal dispute with the County of Santa Cruz in the Sixth Appellate District of the Court of Appeal of the State of California, under case ID H050881, filed on April 16, 2024. The lawsuit revolves around whether the County was required to present its claim for money or damages to the City before initiating a lawsuit.
The County alleges that it incurred over $1.2 million in costs for emergency repairs to Capitola Road and surrounding areas within the City's jurisdiction due to the City's failure to maintain and manage these areas. The County's complaint includes charges for dangerous condition of public property, trespass, nuisance, waste, indemnity and contribution, removal of lateral and subadjacent support, and declaratory relief.
The City argues that the lawsuit is barred as the County failed to present a claim directly to them as per their claim presentation ordinance (Santa Cruz Mun. Code § 1.14.010). The trial court partially sustained this argument but rejected it as a ground for dismissal.
The City seeks judgment through a writ of mandate requesting that the trial court vacate its demurrer order and enter a new order sustaining the demurrer without leave to amend due to failure by the County to present a claim.