HomeMy WebLinkAboutAgenda Report - January 20, 2010 D-08AGENDA ITEM DON
CITY OF LODI
,. COUNCIL COMMUNICATION
,m
AGENDA TITLE: Authorize City Clerk to Grant Application fc Leave to Present Late Claim, filed
on behalf of-Leandra Romero,' a minor, pursuant to Government Code section
911.6(b)(2) and Authorize City Clerk to Deny Applications for Leave to Present
Late Claims, filed on behalf of Carlos Romero and Adriana Romero pursuant to
Government Code section 911.6(a)
MEETING DATE:
PREPARED BY:
January 20, 2010
Deputy City Attorney
RECOMMENDED ACTION: Authorize City Clerk to Grant Application for Leave to Present a Late
Claim, filed on behalf of Leandra Romero, a minor, pursuant to
Government Code section 911.6(b)(2) and Authorize City Clerk to
Deny Applications for Leave to Present Late Claims, filed on behalf of Carlos Romero and Adriana
Romero pursuantto Government Code section 911.6(a).
BACKGROUND INFORMATION: Applications for Leave to Present Late Claims were filed with the
City Clerk on behalf of Leandra Romero, a minor, and her parents
Carlos Romero and Adriana Romero, pursuant to Government Code
section 911.4 on December 31, 2009. The Applications were filed over one month after the expiration of
the statutory period in which the claims were to have been filed, based on the May 21, 2009 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 applicant Leandra
Romero 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 Leandra Romero 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 Leandra Romero, a minor, for filing effective December 31, 2009.
With regard to the applications of Carlos Romero and Adriana Romero, applicants failed to present any
proof that one or more of the statutory grounds for the submittal of late claims applies to the applicants.
Therefore, it is recommended that the Council authorize the City Clerk to deny the applications of Carlos
Romero and Adriana Romeroto file late claims pursuantto Government Code section 911.6(a).
FUNDING: Not Applicable.
Jani�D.Magich
eporney
APPROVED: i
Blair Kin anager
City/Cou nCom/Claims/Appl icationForLateClaim-Romero.doc