HomeMy WebLinkAboutAgenda Report - September 7, 2016 C-13CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
TM
AGENDA TITLE: Authorize City Clerk to Deny Request for Leave to Present Late Claim, Filed on
Behalf of Valentin Valencia, Pursuant to Government Code Section 911.6(a)
MEETING DATE: September 7, 2016
PREPARED BY: City Attorney
RECOMMENDED ACTION: Authorize City Clerk to deny request for Leave to Present Late
Claim, filed on behalf of Valentin Valencia pursuant to Government
Code Section 911.6(a).
BACKGROUND INFORMATION: Request for Leave to Present Late Claim was filed with the City
Clerk by Valentin Valencia, pursuant to Government Code Section
911.4 on May 12, 2016. A copy of the request to file a late claim,
initial submittal and City's rejection are attached. The original submittal was filed eighteen (18) days after
the expiration of the statutory period in which the claim was to have been filed, based on the October 17,
2015 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, which in
this instance would have been April 17, 2016. Mr. Valencia submitted his claim on May 5, 2016, which
was rejected as untimely. Subsequently, Mr. Valencia, in a letter received May 12, 2016, requested
leave to present a late 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.
Mr. Valencia 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 Valentin Valencia to present a late claim pursuant to Government Code section
911.6(a).
FUNDING: Not Applicable.
'Janice DI Magdich
City Attorney
Attachments
APPROVED:
City/CounCom/Claims/ApplicationForLateClaim-Valencia.doc
wa:a - y Manager
FILE CLAIM WITH:
City Clerk — City of Lodi
221 West Pine Street
(209) 333-6702
OR MAIL TO:
PO Box 3006
Lodi, CA 95241-1910
CLAIM FOR MONEY
OR DAMAGES AGAINST THE
CITY OF LODI, CALIFORNIA
Reserved For Filing Stamp
Claim No: - 2
MAY 0 5 2016
CITY CLERK
Attach estimates. nac lets, photos, diagrams. 9r witness statements to support your claim if additional space
is needed, attach supplemental sheets — clearly ldentlfv fhe sect/ants) beln_q answered.
Government Code requires claims be presented by the claimant or the claimant's representative and include the following:
1 Section 1. Claimant Information:
Name: \„ c��
Mailing Address:
City/State/Zip Code: 4.06.; ,.4t cis -714'7o Telephone: (0o')
Section 2. Representative Information (Must be completed If claim Is filed by clalmant's•attorney or
authorised representative):
Name:
Mailing Address:
City/State/Zip Code:
0 Check box if same as above
Telephone: ( )
Section 3. Claim Information:
Date of Occurrence: la 17-15
Location: G OWEc26 1
Circumstances giving rise to this claim and whyou believe the City of Lodi is responsible:
Time of Occurrence: )02 0 9 arni f
General description of the indebtedness, obligation, injury, damage, or Toss incurred so far as it may be known at
the time of the presentation of the claim.
Name of City dep ctment(s or City rnployee(s2 causing the injury, damage, ar loss, if known. 9
Cc2 — �._Pa jU f _ t LktA4, (,)yr ` .(J 3
The amount claimed as of the date of presentation of the claim should include the estimated amount of any
prospective injury, damage, ar 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: $0 70
__r_i
' 'a (Itict,n raele,5-42e, ' I l' .t:I &3. ,� a
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.)
f._1
Limited Civil Case I I Unlimited Civil Case
Revised 9/2012
A
Section 4. Additional information:
You are required to provide the information requested an the previous page fo comply with the California
Government Coda; 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 cr hospitals providing treatment:
if applicable, please attach any medical bills or reports or similar documents supporting your claim.
Does this claim relate to an automobile accldent7
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.:
CitylState/Zlp
Insurance Polley No.;
Telephone: ( )
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
NO
Section S. Notice. and Signature
Notice: Presentation of a false claire is a felony (Penal Code §72). Every person who, with intent to defraud,
presents any fatse or fraudulent claim is punishable either by pmrisonment in the county jell for a period of not
more than ane year, by a fine of not exceeding one thousand dollars ($1.00D), 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 Civ!! Procedure §1038.
Unsigned or Incomplete claims will be returned as Insufficient, resulting in no action on the part of the City. Please note that this
Claim Form and any attachments are a public record subloct to disclosure under the California Public Records Act.
Claimant's Name (please print) Claimant's Signature Date Claim Submitted
Revised 9/2012
Please retain a copy of the completed form for your records
GEWEKE AUTO & R.V. COLLISION CENTER
102 Hansen Drive
Lodi, CA 95240-1210
Phone (209) 866-0561
B.A.R. #ARDG0254714
' TOWING
REPORT
N.m.
27620
Addlela
Onto
Stale
Home Phone
kreuance Company Insurance Poona
Business Phone
Yee!
Coe RSO
Miami
YIN
7 CALL NO.
CALL TIME
TYPE OF CALL
SERVICE TIME
EXTRA MAN
MILEA0 E FiN1511
MILEAGE START
MILEAGE 1UTAL
1`
Mus]
TOWED FROM
TOWED TO
wEraarlXS
❑START
❑ BATTERY
0 FLAT TIRE
❑ GAS
❑ LOCKOUT
❑ WRACK
❑ TOW
❑ QAi3RIER
❑.f°LAT SED
❑ INSUiED
M CHM C5 9GGNA,TURE
r
have hien advised that my vehicle may bo damaged if winched. lowed,
unlocked orle1t on unaltanded promises, I racoanla.iha dlllloUMy tr O4 ad
and I agree not to hold the 'rowing Semite responslhle far sects dsm.ae
.hpuld ff Aleut. -
X
AUTHORIZED SIGNATURE
J
MILEAGE
CHARGE
TOWING
CHARGE
ROAD SERVICE
CHARGE
STORAGE
CHARGE •
1
SUBTOTAL
TAX
TOTAL _
Th. Harolds end Reynolds Cullom F1 288 0 (el HZ;
S.1
L t
GEWEKE COLLISION CENTER
102 S HANSON
LODI, CA 95240
209-368-0561
thank you
11/18/2015 15:56:27
Merchant ID: 7(7000000000[1684
Device ID: 0910
Terminal ID: PD061.
DEBIT CARD
DEBIT SALE
CARD IE XX!(xXxii: XXXX0877
Dent Card Type 015
Debit Nehimk II4TERUNK
TRANS - 999
Batch #: 8
Approval Code: 632949
Entry Method: Swped
Mode: Online
SALE AMOUNT $1910,00
CUSTOMER COPY
•
4 .!
• ,
•
111:1: • 4
si: r •
▪ •
•
••••• • ; • •
• I'
• 1
•
�i
N
z c
w
5
z
3
z
3
a
0
O
9
A
73
m
0
m
1m
w
-az
-I O elo
m n -1
m o-1
o ;
rn
-n
A Z m
ISSIWSNVNi
z
0
00
m
z
O
z
z
❑ r
m
f3elridtinrasl 31:711eiA nt•ONOI
ID
w
1-
0
0
0
-4
S133HM 1V133dS
vy
3
m
m
m
ED
•
0
I1Ise
X
a
0
ID
ro
i
m
r
Li
z
m
.74
O
fn
rn
rn
m
1N3NOdWO3 ! 3t3IN
r-
L
0
J
2
9
e
P z
n 0
c
Co (ell
v ^�
5113
a❑❑
0 0
0 m
r
1
L
0
2
O
o
nM
0
02
mm
0m
c
r- DIP
21 X
zmo
a0
0o
0
t 9i�I
n
�m
0
0
LODI POLICE DEPARTMENT
CITY OF LODI, CALIFORNIA
NOTICE TO APPEAR
(MISDEMEANOR
CINon-Traffic
3Traffic
751738
Dar v�ssmn 'nem a mr. Day asWDD 'Case Lrn..
QPMIS MTWT FS;
Name Prat MO*. Lasa) 5 061$1e1 aura -mosey ire OW -Peg
Address
city S1DIO• 2lP Cndo f 4ems...
•
Driver sx. t.a - smx } O (--- 9111 oarar I
j I P - 1
5 i Hair 1 1 Eyes e5tg rij wooers 1 Pies i
1 1 vrw�ae t sc Na. w Vin. --
u005LvellaIValt Cue 5 3521 )1 71442410as43ham wiwwsA.Caae.rrsart
mor Flnar_x gs
r. 1
aaqureea Demos Lessee
Miran
4Sum v1 Met
Oty Surd ZIP 000
- eC.ableVi0:aiianI'VF7Cal -QRequired Hisciernearror or
Yes Na Cate & Section DescriPlion lmirectian (Circle)
k i
M I
a•
❑ ❑
0 0
0 0
GP:ant APS ~'
M 1
M 1
PF.tanc3pC
jl<aLnn 11-'Waantsl
•
sax
Raw. awns
]Aetadent
— - 1 STREET TNIIFFIC j) 0=150215021
Q.EA$1 1041,Llal'„�,,,,�, i FOG ! RAIN WE -I EMI 1-E:AV'I I PACnitrtoGN: j Y6 r D .
3 Vbioi crs net committed in my presence. Cecsarod on Yllannallon and Desk.
I declare unser penalty of perjury under the late os Ila Slate of California the fomwalrlg is huelandepnaet
c:.,w_ _ f -(axis w cn^V O'er
i ito 14 14EXICS.'1YCer ,rVke001 *v6—E47/ e0 Ea90$0Na
H OUT ADMITTING GUILT I PROMISE. TO APPEAR AT THE TIME
AILD PLACE INDICATED BELOW.
MIER_,.. ' _ Time: .=._..-iJAM PM
WHATTO DQ FOLLOW INSTRUCTIONS ONSupauTHE
E- RS
315 W. Elm Street, Lodi CA 96240
www.sjcourts.org
(4 Traffic Division - 209-992-5520 ( ) Criminal Division - 209-992-5521
Cast
CTO BE NOTIFIED BY MAIL
.hellnial Om mc@ n1 Caliomia. Form
pi BOOKING REQUIRED SEE REVERSE
CITY COUNCIL
MARK CHANDLER, Mayor
DOUG KUEHNE,
Mayor Pro Tempore
BOB JOHNSON
JOANNE MOUNCE
ALAN NAKANISHI
May 6, 2016
CITY OF LODI
Valentin Ortiz
Lodi, CA 95240
SUBJECT:
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.vov citvclerk@lvdi.Cloy
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
NOTICE OF LATE CLAIM — REJECTION OF CLAIM
Claimant: Valentin Ortiz
Date of Claim: May 5, 2016
To Whom It May Concern:
The above -referenced claim which you presented to the City Clerk's Office on May 5,
2016, with respect to an incident occurring on October 17, 2015, is being rejected and
returned because it was not presented within six months after the event and/or
occurrence, as required by law. (See Government Code Sections 901 and 911.2)
Because the claim was not presented within the time allowed by law, no action was taken
on the claim.
Your only recourse at this time is to apply without delay to the City of Lodi for leave to
present a late claim. (See Government Code Sections 911.4 to 912.2, inclusive, and
Section 946.6). Under certain circumstances, leave to present a late claim may be
granted. (See Government Code Section 911.6)
You may seek the advice of an attorney of your choice in connection with this matter. If
you desire to consult an attorney, you should do so immediately.
Sincerely,
nnifer ) Ferraiol`a
ity Clerk
cc: File
RECEIVER
MAY 1220i0
CITY CLERK kla.\cANN (\ \Q&\
C s C'� .mac 1��_ 2310(1 6) c� e-or4.5-
0'/ .r/7 oI5I/Joie(:(.215
491- FFA 4Jic-r it /i ( ) pe e J4 C0r'] 4 Jr
7 pct e.)76t e t`�� 440 ,4Ge-- ^ (;/”COi‘
PoUil 0.1 he/Li?
100-Qa I6 or h,r y 5 . ThQ e't4cVi.
16.te, V
id? li g 11 a�� ( a..00 e �'! „,-)/X5a..� 60�
I
inne- 0( 1-he e ..mL u e( O -obel -
4 )��c'7 feaSr C'_C p2'-n - cioL4t t &%.(11)