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� <br /> 6.4 B <br /> 1 <br /> REPORT <br /> To the Honorable Mayor and City Council <br /> From the City Manager <br /> December 6, 2010 <br /> SUBJECT <br /> Claim from attorney Jonathan Davis, esq., for claimant Juan Harris <br /> RECOMMENDATION <br /> Reject subject claim. <br /> BACKGROUND <br /> According to resolution no. 14595, if an amount to be paid for a general liability claim <br /> exceeds $15,000, any denial, allowance, allowance in part, settlement, or compromise <br /> must be approved by Council. This claim may exceed that limit and therefore its denial <br /> must be approved by the City Council. <br /> Claimant is alleging injury as a result of a trip and fall that occurred near 2366 Alameda De <br /> Las Pulgas. <br /> lt has been recommended by Mike Groff, an attorney from the City's insurance pool, that <br /> this claim be denied as the incident location is outside of the City's jurisdiction. <br /> ALTERNATIVES <br /> If this claim is not rejected, the statute of limitations for the claimant to file a court action on <br /> the claim is extended from six months to two years, thereby placing the City in a more <br /> fiscally vulnerable position in defending this matter. <br /> FISCAL IMPACT <br /> The rejection of this claim has no direct fiscal impact. However, should the claimant elect <br /> to affect litigation to this incident, we have no basis with which to estimate the legal <br /> expenses or a settlement, should such estimates ultimately be required. <br /> Brian Pont Robert B. Bell <br /> Director of Finance Interim City Manager <br /> ATTACHMENTS <br /> None <br /> RELATED DOCUMEN7S IN CITY CLERK'S OFFICE <br /> 1. Claim file 2742 <br />