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Home My WebLink AboutAgenda Report - November 17, 2010 D-17AGENDA ITEM T> 4017 &% CITY OF LODI COUNCIL COMMUNICATION ,m AGENDA TITLE: Authorize City Clerk to Deny Request for Leave to Present Late Claim, Filed on Behalf of Sandra Kay Oberg, Pursuantto Government Code Section 911,6(a). MEETING DATE: November 17, 2010 PREPARED BY: Deputy City Attorney RECOMMENDEDACTION: Authorize City Clerk to deny request for Leave to Present Late Claim, filed on behalf of Sandra Kay Oberg pursuantto Government Code Section 911.6(a). BACKGROUND INFORMATION: Request for Leave to Present Late Claim was filed with the City Clerk by Sandra Kay Oberg, pursuantto Government Code Section 911.4 on October 19, 2010, a copy of the request and initial submittal are attached. The request was filed over three months after the expiration of the statutory period in which the claims were to have been filed, based on the January 15, 2010 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. Statutory exceptions to the claim filing requirements include failure to present the claim through mistake, inadvertence, surprise or excusable neglect with no resulting prejudice to the public entity; the injured party was physically or mentally incapacitated during the claim filing period; and the minority or death of the injured party. Ms. Oberg failed to present any proof that one or more of the statutory grounds for the submittal of a late claim applies in this matter. Therefore, it is recommended that the Council authorize the City Clerk to deny the request of Sandra Kay Oberg to file a late claim pursuantto Government Code section 911.6(a). FUNDING: Not Applicable. Attachments =Jknice D. M gdich Attorney APPROVED: Ko rad Bartlam, City Manager C ity/Cou nCom/C laims/Appl ication ForLateCla im-Oberg. doe =1:49lal=101LTA /_1II Randi Johl, City Clerk City Hall 221 W. Pine St. P. O. box 3006 Lodi, CA 95241-1910 October 18,2010 Re: Leave to Present a Late Claim Dear Mr, Johl; A leave to present a late claim is requested. We had been operating under the false impression the claim form had already been mailed. In preparation for camp hosting in various State and National Parks this past spring and summer we apparently had forgotten to mail our Claim for Money or Damages against the City of Lodi. This only became apparent with your response of October 15, 2010. If we had been more vigilant we could have expected a response from your office with a case number or some other form of acknowledgement. A Claim for Money or Damages against the City of Lodi, California is submitted with this letter along with the documentation for our claim which was recently returned. Sincerely yours, . Sandy Oberg FILE CLAIM WITH: City Clerk — City of Lodi 221 West Pine Street (209)333-6702 OR MAIL TO: PO Box 3006 Lodi, CA 95241-1 91 0 CLAIM FOR MONEY OR DAMAGES AGAINST THE CITY OF LODI, CALIFORNIA q<�Fo Reserved For Filing Stamp Claim No. E L Q P,,,- 19 P., ^ � CiT y 0 F L0i)I Attach estimates, receipts, photos, diagrams. or witness statements to su.pport your claim_ H additional space is needed. attach sunnlementalsheets — clearlvidentify thesection(s) being answered_ Government Code requires claims be presented by the claimant or the claimant's representative and includethe following: Name: S a 12 KA d ij y �et Mailing Address: City/State/Zip Code:, Tel Section 2. Representative Information (Must be completetl rf claim �sfiled by cta�mant's attorney or .'. autho.r�zed representative} Name: ❑ Ghe ck box if same as above Mailing Address: Citv/State/Zip Code: al ( ) Section 3: Claim.lnformation:' Date of Occurrence: cJA I;( I .�/"i /%) Time of Occurrence: am,(5 Location:.K4.4-'Z&-�iuCr7 SLG � Circumstances giving rise to thAs claim and why you believe the City of Lodi is responsible: General description of the indebtedness, obligation, injury, damage, or loss incurrea so Tar as n may oe Known ai the time of the presentation of the claim. , , I Nafii"e of Citj 6partment(s) or City employee(s) causing the injury, damage, or loss, if known. The amount claimed as of the date of presentation of the claim should include the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. Basis for computation of claim: Amount Claimed: $ Y` 4 i7 i,'n •i if amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim, However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest, and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000 (CCP §86.) Limited Civil Case ' ❑ Unlimited Civil Case Revised 1/2010 Section 4. Additional Information: You are required to provide the information requested on the previous page to comply with the California Government Code; however, to assist the City's investigation, please answer the following questions: If the claim involves a minor, provide minor's date of birth. Name, address, and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asserted: If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals 'providing treatment: If applicable, please attach any medical bills or reports or similar documents supporting your claim. Claimant's Auto Insurance Co.: Claimant Drivers License No.: Mailing Address: City/State/Zip: License Expires: Telephone: ( ) Vehicle Make/Model/Year: Insurance Broker/Agent: Mailing Address: License No.: City/State/Zi p Insurance Policy No.: Section 5. Medicare Medicaid and S -CHIP Extension Act Section 111 of the Medicare Medicaid & S -CHIP Extension Act requires the City of Lodi to report certain claims to the federal government. Please indicate if the claimant is : 65 years of age or older, or received Social Security Disability Insurance Benefits for 24 or more months, or has End Stage Renal Disease. If yes, you may be required to provide additonal information to process your claim. Please circle one: YES U Section 6. Notice and Signature Notice: Presentation of a false claim is a felony (Penal Code $72). Every person who, with intent to defraud, presents any false or fraudulent claim is punishable either by pmrisonment in the countyjail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. Pursuent to Code of Civil Procedure §1038. Unsigned or incomplete claims will be returned as insufficient, resulting in no action on the part of the City. Claimant's Name (please print) i' Cla fnant' Signature Date _01aim Submitted Revised 1/2010 Please retain a copy of the completed form for your records Sandy Ober g'd'dwl— October 11, 2010 City of Lodi P. O. Box 3006 Lodi. CA 95241 - Date of Injury: 1/15/2010 Event Number: 11787142-11787082 DearSir/Madam; We havejust returned from summer camp hosting at various State and National Parks. Because of the remoteness of these locations we were unable to work on our initial claim. Attached is a summary of the expenses and copies of the receipts to date. Sincerely yours, Sandy Oberg