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 Richard Ricardo Nalawagan.
End
RECOMMENDATION:
Recommendation
Deny the Application.
Body
SUMMARY:
Santa Clara Valley Water District (Valley Water) received a claim from Richard Ricardo Nalawagan on February 9, 2024. Mr. Nalawagan's claim alleges Valley Water entered his tent without his permission on several occasions and most recently in April 2022. He seeks up to $19,900 for pain and suffering and for various personal property items that were allegedly disposed of by Valley Water staff in April 2022.
On February 15, 2024, staff emailed Mr. Nalawagan notifying him that his claim was being returned without action as it was untimely presented. Mr. Nalawagan was also informed that he could apply to the Board of Directors to present a late claim.
On Mr. Nalawagan's behalf, Connie De La Cruz emailed a Leave to Present a Late Claim form on April 9, 2024. Mr. Nalawagan asserts that he was unable to file a timely claim due his mental state but was compelled to file a claim due to encouragement from Ms. De La Cruz.
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 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 dead...
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