Review Agenda Item
Meeting Date: 5/8/2024 - 6:00 PM
Category: Closed Session Agenda
Type: Info/Action
Subject: 3.4 Liability Claims (Government Code Section 54956.95) Name of Claimant: Lesya Petiti Name of Agency Against Which the Claim is Made: Mt. Diablo Unified School District
LCAP (Local Control Accountability Plan) Goal:
File Attachment:
Summary: In accordance with Board Policy 3320 and Administrative Regulation 3320, any claim for damages for loss of property against the District must be presented to the District in accordance with the Government Claims Act. The Act requires presentation for damage to or loss of property to be presented within six months. Pursuant to the Act, the District has 45 days to act on the claim. If the District does not act, the claim is deemed rejected as a matter of law, and the complainant has two years to file a lawsuit. If the District rejects the claim, then the complainant has six months to initiate litigation. Rejection of a claim does not necessarily represent the District's position regarding the claim, but ensures that the District's statute of limitations period is limited. LP filed a claim for money damages against the District on April 1, 2024, alleging over $12,000 in damages, based on a car accident which occurred on February 2, 2024.
Fiscal Impact
Recommendation: The Legal Department recommends that the Board instruct staff to send a Notice of Rejection in order for the statute of limitations period to be limited to six months.
Recommended By:
Signed By:
Susanne Starecki Kim - General Counsel
Signed By:
Dr. Adam Clark - Superintendent
Vote Results: