Resolution No. 6061 040
RESOLUTION NO. 6061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, DENYING THE LATE CLAIM
APPLICATION OF LORRIE STODDARD
WHEREAS, the City Clerk received a tort claim from Claimant, Lorrie Stoddard
("Claimant") on July 25, 2007, for alleged tort causes of action that accrued on October
19, 2006 against the City, resulting from the Claimant's arrest by Cypress Police officers
for the alleged murder of an infant; and
WHEREAS, since the claim was presented to the City Clerk more than six
months after the date of accrual of the matter, the claim was returned to the Claimant as
untimely and without further action by the City Clerk on August 8, 2007; and
WHEREAS, a late claim application was subsequently submitted to the City
Clerk, as permitted by Government Code § 911.4, on August 23, 2007 by the Claimant;
and
WHEREAS, Claimant argues in her late claim application that she retained the
Law Offices of Booth & Koskoff on March 5, 2007, to represent her in this matter and to
pursue all available legal remedies; and
WHEREAS, Claimant further represents that she is "a lay person unfamiliar with
the legal requirements surrounding my case" and that she expected her attorneys to
meet all applicable deadlines (Stoddard Decl. at 113.); and
WHEREAS, no declaration is presented by the Claimant's attorney to explain the
reason for the untimely presentation of the claim; and
WHEREAS, Resolution No. 5702 requires, in pertinent part, that any proposed
denial of a claim in excess of $10,000.00 shall first be approved by the City Council and
the amount sought in this late claim application exceeds that amount.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That all of the above-stated recitals are true and correct and are
incorporated herein by reference.
SECTION 2. That, having considered each of the grounds set forth by Claimant in
her late claim application, the City Council finds that none of the statutory grounds for
granting a late claim application are met, including (1) mistake, inadvertence, surprise or
excusable neglect, (2) minority, (3) physical or mental incapacity and (4) death. (Gov't
Code § 911.6, sub. (b)(1)-(4).)
SECTION 3. That, Claimant has presented insufficient evidence to the City Council
to support that she is entitled to relief from the tort claim filing requirements.
SECTION 4. That, nearly one year has passed since the accrual of the claim.
Neither Claimant nor her attorneys have provided any specific explanation why they
both waited so long before bringing a claim, until July 25, 2007, other than mere
ignorance of the law. Therefore, based on the record before the City, the City Council
finds that Claimant and her attorneys have failed to present sufficient evidence to the
City that they have sought relief from the claim presentation requirements within a
reasonable time.
SECTION 5. That the City Council further finds that the delay in bringing this claim
by the Claimant has caused prejudice to the City and has specifically deprived the City of
the opportunity to promptly investigate, retain evidence and to preserve witness testimony
concerning this claim. Claimant has not presented sufficient evidence to overcome the
prejudice against the City for her untimely claim.
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SECTION 6. That the City Clerk shall promptly notify the Claimant of the denial of
her late claim application and provide in that notification a copy of this resolution and the
following language, as required by Government Code § 911.8:
WARNING
"If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
§ 945.4 (claims presentation requirement). See Government Code § 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advice of an attorney of your choice in connection with this
matter. If you desire to consult an attorney, you should do so immediately."
PASSED AND ADOPTED, by the City Council of the City of Cypress at a regular
meeting held on the 24t" day of September, 2007.
MAYOR 0 THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 24th day of September, 2007, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS