HomeMy WebLinkAboutAgenda Report - May 21, 2008 J-01aAGENDA ITEM J -1(a)
CITY OF LODI
COUNCIL COMMUNICATION
?M
AGENDA TITLE: Application for Leave to Present Late Claim for Michael L. Ryall, Date of
Loss-- April 22,2006
MEETING DATE: May 21,2008
PREPARED BY: Randi Johl, City Clerk
RECOMMENDED ACTION: Deny, by motion action, the following Application for Leave to
Present Late Claim:
Mr. Michael L. Ryall
Date of Loss —April 22,2006
Date Claim Filed —April 7,2008
BACKGROUND INFORMATION: Mr. Ryall presented a claim for alleged unlawful arrest, forced blood
draw, wrongful towing of his vehicle, and assault. The claim was
filed on April 7, 2008, approximately two years after the alleged
incident and expiration of the relevant statute. The statute, as set forth in the Government Code,
specifically requiresthat the claim be filed within a six-month period from the date of occurrence. In some
cases, the law provides for a one year time frame. Mr. Ryall states he was incarcerated and as a result
did not file the required claim form by the required deadline. The law does not provide an exception for
incarceration as Mr. Ryall had an ability to file the necessary claim in the appropriate time period as
proscribed law. It is, therefore, respectfully requested that the City Council deny the Application for Leave
to Presenta Late Claim.
FISCAL IMPACT: Unlimited amount claimed
FUNDING AVAILABLE: Not Applicable.
City Clerk
APPROVED: �
Blair ity Manager