AGENDA TITLE:
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Authorize City Clerk to Grant Request for Leave to Present Late Claim, by Misheel Chuluun, Pursuant to Government Code Section 911.6(a) (CA)
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MEETING DATE:
May 6, 2026
PREPARED BY:
Beverly Jensen, Risk Manager
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RECOMMENDED ACTION:
Authorize the City Clerk to grant request for Leave to Present Late Claim, filed by Misheel Chuluun pursuant to Government Code Section 911.6(a).
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BACKGROUND INFORMATION:
Request for Leave to Present Late Claim was filed with the City Clerk by Misheel Chuluun on March 23, 2026, pursuant to Government Code Section 911.4. A copy of the request to file a late claim, initial submittals and City’s rejection notices are attached. The original submittal was filed approximately three weeks after the expiration of the statutory period in which the claim was to have been filed, based on the April 17, 2025 date of loss. Government Code Section 911.2 requires that claims against public entities, with limited exception, be filed within six months of the accrual of the action giving rise to the claim, which in this instance would have been October 17, 2025. Ms. Chuluun submitted her claim on November 3, 2025, which was rejected as untimely on November 7, 2025. Subsequently, On March 23, 2026 Ms. Chuluun filed an application of leave to present late claim with the City Clerk.
Statutory exceptions to the claim filing requirements include failure to present the claim through mistake, inadvertence, surprise or excusable neglect with no resulting prejudice to the public entity; the injured party was physically or mentally incapacitated during the claim filing period; and the minority or death of the injured party.
Ms. Chuluun’s application has presented information sufficient to satisfy the statutory element of mistake, inadvertence, surprise, or excusable neglect (coupled with a lack of prejudice to the City) for the submittal of a late claim. Therefore, it is recommended that the Council authorize the City Clerk to grant the request of Misheel Chuluun to present a late claim pursuant to Government Code section 911.6(a).
Upon Council approval of the application for leave to present a late claim, the matter will proceed through the normal claims administration process. This includes investigation of the allegations, evaluation of liability and damages, and determination of whether the claim can be resolved administratively or if further legal proceedings may follow under the Government Claims Act.
LIST OF ATTACHMENTS;
Attachment 1- Request to File Late Claim
Attachment 2- Claim 25-88
Attachment 3- Notice of Late Claim
FISCAL IMPACT:
Not Applicable.
FUNDING AVAILABLE:
Not Applicable.