How do I file a claim, summons or subpoena?

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CLAIMS/SUMMONS/SUBPOENAS

CLAIM(s) AGAINST THE CITY OF LINCOLN

Pursuant to California Government Code section 900 et seq., any person may submit a claim against the City of Lincoln for recovery of money or damages allegedly sustained by the City. There are important limitations and exceptions to the submission of such claims, as provided by state and federal law.  City staff cannot provide legal advice to any person concerning a claim against the City. Any person wishing to submit a claim to the City is encouraged to seek the advice of an attorney of their choosing.

The City Clerk of the City of Lincoln is the ONLY office to which claims may be submitted. Claims are NOT to be sent by claimants to the City Attorney or any other City Department. The original and all attachments are to be filed with the Office of the City Clerk. The City’s claim form is available from the Office of the City Clerk. All claims are public record.

Claims received by the City will be reviewed by City staff, consultants, and legal counsel, all as appropriate in light of the claim. A response, if warranted, will be provided to the claimant consistent with California Government Code sections 900 et seq. A response will usually, but not always, be provided within approximately 45 days of the submission of the claim.

SUMMONS and SUBPOENAS

Summons: A summons is a legal notice served by a sheriff, an officer of a court, a licensed process server, or other authorized person. The summons notifies the person named in it that a lawsuit has been filed against the person. The person named must respond to the complaint within a specified period of time (usually 30 days) or a default judgment can be entered against the person named.

The City Clerk is often served with legal notices for other City personnel. If the summons is for an individual person and the City is not also named, the City Clerk will not accept service; however, if the summons is issued to the City with others named related to City business, then the City Clerk may accept service on behalf of the City. Any person attempting to serve a summons on City personnel on behalf of the City should be directed to either the City Clerk or the City Attorney.

Subpoenas: A summons should not be confused with a subpoena. A subpoena is an order to appear as a witness and give testimony, in court or at a deposition, or to produce documents in a case in which the witness is usually not a party to the lawsuit. A common type of subpoena received by the City Clerk are those that require the City Clerk or other City “custodian of record” to appear in court or other type of hearing as a witness, or to produce documents in an action pending before the court.

A person who receives a subpoena must obey it under penalty of being held in contempt of court for noncompliance. The subpoena will indicate a date, time and location of personal appearance or the date for the production of any documents. Subpoenas should be served on the individual witness or the City Clerk, along with any appropriate witness fee.

To file a claim with the City for damages, you must fill out a Claim Form.

A claim form can be obtained in the following ways:
•Electronically by clicking on the following link: Claim Form.
•In person at City Hall, City Clerks Department, 600 Sixth Street, Lincoln, CA .
•By mail, by contacting the City Clerk at (916) 434-2493 or e-mailing the request to the City Clerk

Completed forms must be returned by mail or in person to the City Clerk's office at the City of Lincoln City Hall.