HomeMy WebLinkAboutAgenda Report - January 20, 2010 D-07AGENDA ITEM b4o
CITY OF LODI
,. COUNCIL COMMUNICATION
AGENDA TITLE: Authorize City Clerk to Grant Application for Leave to Present a Late Claim, filed
on behalf of Alexis Gribaudo, a minor, pursuant to Government Code section
911.6(b)(2)
MEETING DATE: January 20,2010
PREPARED BY: Deputy City Attorney
RECOMMENDED ACTION: Authorize City Clerk to Grant Application for Leave to Present Late
Claim, filed on behalf of Alexis Gribaudo, a minor, pursuant to
Government Code section 911.6(b)(2).
BACKGROUND INFORMATION: An Application for Leave to Present a Late Claim was filed with the
City Clerk on behalf of Alexis Gribaudo, a minor, pursuant to
Government Code section 911.4 on December 17,2009. The
Application was filed almost six months after the expiration of the statutory period in which the claim was
to be filed, based on the December 23, 2008 date of loss. Government Code section 911.2 requires that
claims against public entities, with limited exception, be filed within six months of the accrual of the action
giving rise to the claim. Because the applicant seeking relief from the claims -filing requirements in this
instance is a minor, Government Code section 911.6(b)(2) requires that relief be granted to permit the
filing of her claim so long as it is within one year of the accrual of the loss and applicant was a minor
during all relevant time periods. Because applicant qualifies for relief under Section 911.6(b)(2), it is
recommended that the Council authorize the City Clerk to grant the Application and accept the claim of
Alexis Gribaudo, a minor, for filing effective December 17, 2009.
FUNDING: Not Applicable.
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Attorney
APPROVED:
Blair KircOanager
City/Cou nCom/Claims/Application ForLateClaim-G ribaudo.doc