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...
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