BOARD AGENDA MEMORANDUM
Government Code ? 84308 Applies: Yes ? No ?
(If "YES" Complete Attachment A - Gov. Code ? 84308)
SUBJECT:
Title
Grant the Application for Leave to File Late Claim for Claim of Hortense Vasquez on Behalf of Michael Baughman and Deny the Claim on the Merits.
End
RECOMMENDATION:
Recommendation
A. Grant the application to file a late claim of Hortense Vasquez on behalf of Michael Baughman; and
B. Deny the claim on the merits.
Body
SUMMARY:
Santa Clara Valley Water District (Valley Water) received a claim from Ms. Hortense Vasquez on behalf of Michael Baughman on April 16, 2024. The claim was for fire damage to carports at the Waterbury Apartments located at 3673 Waterbury Court in San Jose. The fire was allegedly caused by unhoused individuals. The date of loss according to the clam form was "around October 2023." Staff researched the date of loss using Valley Water records from the October 2023 time period and it was determined to be on or about October 5, 2023. Based on the date of loss and receipt of claim, the claim was eleven days late.
On April 17, 2024, staff informed Ms. Vasquez that her claim was being returned without action as it was not presented within six months after the loss event or occurrence as required by law. Ms. Vasquez was also informed that she could apply to the Board of Directors to present a late claim. Shortly thereafter on April 21, 2024, Ms. Vasquez emailed the Board of Directors stating that the only defense for the late claim was that she was not aware of the six-month statute of limitations.
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 shall grant an application for a late clai...
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