BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Deny the Application to File a Late Claim by Connie De La Cruz.
End
RECOMMENDATION: Recommendation
Deny the Application.
Body
SUMMARY:
Valley Water received a claim from Connie De La Cruz on December 6, 2024. Ms. De La Cruz’ claim accuses Valley Water staff of vandalism and illegal entry of her home encampment between the timeframe of September 26, 2022, and September 30, 2022. This alleged incident occurred during a clean-up effort in the vicinity of East Brokaw Rd in San Jose. Ms. De La Cruz is seeking $6,300.00 for pain and suffering and for various personal property items that were allegedly disposed of by Valley Water staff.
On December 11, 2024, Risk Management staff emailed Ms. De La Cruz informing her that her claim was being returned without action as it was untimely presented. Ms. De La Cruz was also informed that she could apply to the Board of Directors to present a late claim.
Ms. Connie De La Cruz emailed a request for leave to present a late claim to the Board of Directors on December 27, 2024. Ms. De La Cruz asserts that she was unable to file a timely claim due her adverse living conditions and physical and mental state.
Government Code Section 911.2 states that a claim relating to . . . injury or to personal property . . . shall be presented . . . not later than six months after the accrual of the cause of action. Government Code Section 911.4-911.6 states that, when a claim is not presented within the six-month window, the claimant can apply to the Board and that the board may grant an application for a late claim where 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. Reasonable diligence by claimant is required to make such a showing. See Tsingaris v. State of California (1979) 91 Cal. App. 3d 312.
One of the main purposes of the claim submission deadline is to ensure public entities can timely investigate and attempt to resolve claims. City of San José v. Sup. Ct., 12 Cal.3d 447, 455 (1974). Even if a claimant presents a valid excuse for their untimeliness, the application may still be denied if the delay prevents the public entity from being able to adequately perform its own investigation of the claim.
Staff recommends that the Board of Directors deny the application for leave to file a late claim. While Valley Water sympathizes with Ms. De La Cruz’ living conditions and distressed mental and physical state, she does not explain how this distress constitutes excusable neglect. Moreover, even if it were excusable neglect, Valley Water now lacks the ability to determine whether any of the damages that allegedly occurred over two years ago. Last, granting Ms. De La Cruz leave to file a late claim could raise equity concerns if the Board were to deny other applications to file a late claim.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no Environmental Justice Impacts associated with this item.
FINANCIAL IMPACT:
There is no financial impact associate with this item.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: Claim
Attachment 2: Application for Leave to File Late Claim
UNCLASSIFIED MANAGER: Manager
J. Carlos Orellana, 408-630-2755