REQUEST TO THE CITY COUNCIL

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 Constance Ann Ricotta.

Background:

On March 18, 1997, Ms. Ricotta filed a claim with the City alleging false arrest and violation of her civil rights. The incident date was September 16, 1996. Government Code 911.2 requires that a claim against a public entity be persented within six months.

On March 18, 1997, the City provided Ms.. Ricotta with a Rejection of Untimely Claim pursuant to Government Code Section 911.3.

On March 24, 1997, Ms. Ricotta delivered the attached request for Leave to Present a Late Claim along with an amended claim form indicating an additional loss date of September 19, 1996.

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]

Ms. Ricotta, in her request for leave, states that she originally filed a claim with the Los Angeles County by mistake. Since that claim was rejected by the County on January 30, 1997, there was sufficient time remaining with the statute to file against the City.

Staff is recommending that the City Council deny the application based on a finding that Ms. Ricotta, by filing of a claim against the County, was obviously aware of the necessity to file a claim against a public entity and had sufficient time to correct her mistake by filing a timely claim against the City.

Alternative Action:

The City Council may grant the Application for Leave to Present a Late Claim. Should the Council take this action, staff recommends that a subsequent motion be made to deny the claim.