REQUEST

TO DENY APPLICATION TO PRESENT A LATE CLAIM

 

Recommended Action :

 

It is recommended that City Council deny the Application to Present a Late Claim filed by Stephen F. Smith.

 

Background :

 

On January 14, 1999, Mr. Smith was involved in an altercation in Parking Lot A causing various injuries. Mr. Smith is claiming that the City is responsible for his injuries because it has a duty to make these premises safe. The City was first made aware of this claim on January 3, 2000 when Mr. Smith’s attorney delivered the attached request for Leave to Present a Late Claim . Government Code 911.2 requires that a claim against a public entity be presented within six months.

 

Analysis :

 

Government Code Section 911.6 requires that the City Council grant or deny the Application to present a Late Claim with 45 days after it is presented. The Council shall grant the application if they find "the failure to present the claim was through mistake, inadvertence, surprise or excusable neglect and the public entity was not prejudiced in its defense of the claim by the failure to present the claim within the time specified in Section 911.2". [Government Code, Section 911.6]

 

Mr. Smith’s attorney, in his request for leave, states that the City should have been aware of the claim based on the fact that a police report was taken at the time of the incident.

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