HomeMy WebLinkAboutCC 3 CLAIM #90-45 05-20-91DATE:
TO:
FROM:
SUBJECT:
APRIL 23, 1991
HONORABLE MAYOR AND CITY COUNCIL
CITY ATTORNEY
COv- %:NT CALENDAR NO. 3
5 31
Inter - Com
CLAIMANT: KENNETH LEE; D/L: 6-3-90; DATE FILED W/CITY: 12-5-
90; CLAIM NO: 90-45; CARL WARREN FILE NO: S 64043 CLB
Claim in this matter was received by the City Clerk on
December 5, 1990 and concerns an incident alleged to have occurred
on June 3, 1990..The Claimant's attorney alleges that the claim
was, in fact, mailed on December 3, 1990, which if true, would be
within the six month period within which claims are required to be
filed. However, our investigation indicates that the claim was, in
fact, mailed on December 4, 1990 and is therefore late.
We recommend that this Application to File Late Claim be
denied by the City Council.
Vyo
eAo ,
Owl
G. ROUPKE
City Attorney
JGR: jab: D:4-23-91(CL-9045)
Enclosure: Copy of Claim
STEPHEN JOHN GRAY
A PROFESSIONAL LAW CORPORATION
500 S. SEPULVEDA BLVD.. SUITE 208
MANHATTAN BEACH. CA 90266
TELEPHONE: (213) 376-8008
FAX: (2131 374-0219
OF COUNSEL:
DAVID P. BOWMAN
GILBERT KATEN
APPLICATION TO FILE A LATE CLAIM
CLAIMANT Kenneth Lee
DATE OF LOSS 6/3/90
DATE FILED
WITH CITY 12/3/90
TO THE CITY OF TUSTIN:
This shall constitute an application to file a late claim
pursuant to California Government Code Section 911.4. However,
this is solely for purposes of satisfying any potential statutory
requirements pursuant to filing the appropriate writs for
prohibition/mandate in that the application herein does not
constitute any sort of admission, acknowledgment or stipulation
that the claim presented herein and filed by posting in the
appropriate mail on December 3, 1990 was not timely filed within
the meaning of Government Code Section 911.2.
it is specifically claimed herein that the original claim as
filed against the City of Tustin and the Tustin Police as
contemplated by Government Code Section 915.2 in that the claim was
presented within the meaning of the statute on December 31 1990,
a date within the six (6) months pro d by law. It is requested
that the City of Tustin acknowledg by cceptance of the claim for
investigation and processing tha s id claim was timely presented
within the meaning of Section jq -T
3. cz - g
DATED
ST H N /I 5N -URAY
At ore for tlaimant