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HomeMy WebLinkAboutAgenda Report - September 1, 2004 H-01AGENDA ITEM $4 O l ^ •; CITY OF LODI ,. COUNCIL COMMUNICATION TM AGENDA TITLE: Denial of Verified Claim(s) against the City of Lodi MEETING DATE: September 1, 2004 PREPARED BY: Risk Management RECOMMENDED ACTION: To approve by motion action, denial of the following verified Claim filed against the City of Lodi. (A) Sherry Klein Successor in Interest to Agnus Klein DOL: February 5, 2004 (B) Sherry Klein Wrongful Death of Father Howard C. Klein DOL: February 5, 2004 (C) Sherry Klein Wrongful Death of Mother Agnus B. Klein DOL: February 5, 2004 (D) Sherry Klein, Executor of Estate of Howard C. Klein, Successor in Interest to Agnus Klein DOL: February 5, 2004 (E) Sherry Klein Wrongful Death of Brother Howard Blair Klein DOL: February 5, 2004 (F) Tim Vallem DOL: 7194 to current BACKGROUND INFORMATION: Fallowing review of verified claims filed against the City of Lodi, it is recommend the City deny the subject claim(s). FUNDING Attachments cc: City Attomey None Required 12L L..A&.9h6- va s, Risk Manager APPROVED: Janet Keeter CITY COUNCIL LARRY HANSEN, Mayor JOHN BECKMAN Mayor Pro Tempore KEITH LAND EMILY HOWARD SUSAN HITCHCOCK John J. Moreno, Esq. 1451 River Park Drive #145 Sacramento, CA 95815 CITY OF LODI CITY HALL 221 WEST PINE STREET, P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 HUMAN RESOURCES: (209) 333-6704 FAX (209) 333-6816 Notice of Claim Refection September 2, 2004 RE: Claim against the CLty of Lodi Claimant: Sherry Klein Date of Loss: February 5, 2004 Our Claim Number: 919-04 Dear Claimant: JANET KEETER Interim City Manager SUSAN J. BLACKSTON City Clerk STEPHEN SCHWABAUER City Attorney Notice is hereby given that the claim you presented to the City of Lodi on July 21, 2004 was rejected as of the date of this letter. Notice Subject to certain exemptions, you have only six (6) months from the date that this notice was personally delivered or deposited in the mail to file a court action on your state law claims. See Government Code §945.6. The six month time limit referred to in this notice applies only to claims or causes of action which are governed by the California Tort Claims Act which does not apply to federal causes of action. Additionally, the Tort Claims Act contains certain exemptions. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult with an attorney, you should do so immediately. Please also be advised that, pursuant to § 128.7 and § 1038 of the California Code of Civil Procedure, the City will seek to recover all costs of defense in the event an action is filed in this matter and it is determined that the action was not brought in good faith and with reasonable cause. Sincerely, Susan Blackstone City Clerk CC: City Attorney DB Claims CITY COUNCIL LARRY HANSEN, Mayor JOHN BECKMAN Mayor Pro Tempore KEITH LAND EMILY HOWARD SUSAN HITCHCOCK John J. Moreno, Esq. 1451 River Park Drive ## 145 Sacramento, CA 95815 CITY OF LODI CITY HALL 221 WEST PINE STREET, P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 HUMAN RESOURCES: (209) 333-6704 FAX (209) 333-6816 Notice of Claim Rejection September 2, 2004 RE: Claim against the City of Lodi • Claimant: Sherry Klein Date of Loss: February 5, 2004 Our Claim Number: 917-04 Dear Claimant: JANET KEETER Interim City Manager SUSAN J.BLACKSTON City Clerk STEPHEN SCHWABAUER City Attorney Notice is hereby given that the claim you presented to the City of Lodi on July 21, 2004 was rejected as of the date of this letter. Notice Subject to certain exemptions, you have only six (6) months from the date that this notice was personally delivered or deposited in the mail to file a court action on your state law claims. See Government Code §945.6. The six month time limit referred to in this notice applies only to claims or causes of action which are governed by the California Tort Claims Act which does not apply to federal causes of action. Additionally, the Tort Claims Act contains certain exemptions. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult with an attorney, you should do so immediately. Please also be advised that, pursuant to § 128.7 and § 1038 of the California Code of Civil Procedure, the City will seek to recover all costs of defense in the event an action is filed in this matter and it is determined that the action was not brought in good faith and with reasonable cause. Sincerely, Susan Blackston City Clerk cc: City Attomey DB Claims CITY COUNCIL JANET KEETER L O D T CITY OF1 Interim City Manager LARRY HANSEN, Mayor SUSAN 3. BLACKSTON JOHN BECKMAN CITY HALL City Clerk Mayor Pro Tempore 221 WEST PINE STREET, P.Q. BOX 3006 STEPHEN SCHWABAUER KEITH LAND LODI, CALIFORNIA 95241-1910 City Attorney EMILY HOWARD HUMAN RESOURCES: (209) 333-6704 SUSAN HITCHCOCK PAX (209) 333-6816 Notice of Claim Reiection September 2, 2004 John J. Moreno, Esq. 1.451 River Park Drive #145 Sacramento, CA 95815 RE: Claim against the City of Lodi Claimant: Sherry Klein, Executor of Estate of Howard C. Klein, Successor in Interest to Agnus Klein Date of Loss: February 5, 2004 Our Claim Number: 918-04 Dear Claimant: Notice is hereby given that the claim you presented to the City of Lodi on July 21, 2004 was rejected as of the date of this letter. Notice Subject to certain exemptions, you have only six (6) months from the date that this notice was personally delivered or deposited in the mail to file a court action on your state law claims. See Government Code §945.6. The six month time limit referred to in this notice applies only to claims or causes of action which are governed by the California Tort Claims Act which does not apply to federal causes of action. Additionally, the Tort Claims Act contains certain exemptions. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult with an attorney, you should do so immediately. Please also be advised that, pursuant to § 128.7 and § 103 8 of the California Code of Civil Procedure, the City will seek to recover all costs of defense in the event an action is filed in this natter and it is determined that the action was not brought in good faith and with reasonable cause. Sincerely, Susan Blackston City Clerk cc: City Attomey DB Claims CITY COUNCIL LARRY HANSEN, Mayor JOHN BECKMAN Mayor Pro Tempore KEITH LAND EMILY HOWARD SUSAN HITCHCOCK John J. Moreno, Esq. 1451 River Park Drive #145 Sacramento, CA 95815 CITY OF LODI CITY HALL 221 WEST PINE STREET, P.O. BOX 3046 LODI, CALIFORNIA 95241-1910 HUMAN RESOURCES: (209) 333-6704 FAX (209) 333-6816 Notice of Claim Re'ection September 2, 2004 RE: Claim against the Cily of Lodi Claimant: Sherry Klein Date of Loss: February 5, 2004 Our Claim Number: 916-04 Dear Claimant: JANET KEETER Interim City Manager SUSAN J. BLACKSTON City Clerk STEPHEN SCHWABAUER City Attorney Notice is hereby given that the claim you presented to the City of Lodi on July 21, 2004 was rejected as of the date of this letter. Notice Subject to certain exemptions, you have only six (6) months from the date that this notice was personally delivered or deposited in the mail to file a court action on your state law claims. See Government Code §945.6. The silt month time limit referred to in this notice applies only to claims or causes of action which are governed by the California Tort Claims Act which does not apply to federal causes of action. Additionally, the Tort Claims Act contains certain exemptions. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult with an attorney, you should do so immediately. Please alsobe advised that, pursuant to § 128.7 and § 1038 of the California Code of Civil Procedure, the City will seek to recover all costs of defense in the event an action is filed in this matter and it is determined that the action was not brought in good faith and with reasonable cause. Sincerely, Susan Blackston City Clerk cc: City Attorney DB Claims CITY COUNCIL LARRY HANSEN, Mayor JOHN BECKMAN Mayor Pro Tempore KEITH LAND EMILY HOWARD SUSAN HITCHCOCK John J. Moreno, Esq. 1451 River Park Drive #145 Sacramento, CA 95815 CITY 4F LODI CITY HALL 221 WEST PINE STREET, P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 HUMAN RESOURCES. (209) 333-6704 FAX (209) 333-6816 Notice of Claim Rejection September 2, 2004 JANET KEETER Interim City Manager SUSAN L BLACKSTON City Clerk STEPHEN SCHWABAUER City Attorney RE: Claim against the -City of Lodi Claimant: Sherry Klein, Successor In Interest To Agnus Klein Date of Loss: February 5, 2004 Our Claim Number: 915-04 Dear Claimant: Notice is hereby given that the claim you presented to the City of Lodi on July 21, 2004 was rejected as of the date of this letter. Nonce Subject to certain exemptions, you have only six (6) months from the date that this notice was personally delivered or deposited in the mail to file a court action on your state law claims. See Government Code §945.6. The six month time limit refefred to in this notice applies only to claims or causes of action which are governed by the California Tort Claims Act which does not apply to federal causes of action. Additionally, the Tort Claims Act contains certain exemptions. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult with an attorney, you should do so immediately. Please also be advised that, pursuant to §128.7 and §1038 of the California Code of Civil Procedure, the City will seek to recover all costs of defense in the event an action is filed in this matter and it is determined that the action was not brought in good faith and with reasonable cause. Sincerely, Susan Blackston City Clerk cc: City Attorney DB Claims CITY COUNCIL JANET KEETER CITYT r�-� � O � T v 1 ^ � T L Interim City. Manger CARRY HANSEN, Mayor SUSAN J. BLACK5TON JOHN BECKMAN CITY HALL City Clerk Mayor Pro.Tcmpore 221 WEST PINE STREET, P.O. BOX 3006 STEPHEN SCHWABAUER KEITH LAND LODI, CALIFORNIA 95241-1910 City Attorney EMILY HOWARD HUMAN RESOURCES: (209) 333-6704 SUSAN HITCHCOCK FAX (209) 333-6816 Notice of Claim Rejection September 2, 2004 Tim Vallem Old Town Antiques 121 S. School Street Lodi, CA 95240 RE: Claim against the C_ ity of Lodi Claimant: Tim Vallem 1 Old Town Antiques Date of Loss: July 1994 to Current Our Claim Number: 910-04 ` Dear Claimant: Notice is hereby given that the claim you presented to the City of Lodi on July 3, 2004 was rejected as of the date of this letter. Notice Subject to certain exemptions, you have only six (6) months from the date that this notice was personally delivered or deposited in the mail to file a court action on your state law claims. See Government Code §945.6, The six month time limit referred to in this notice applies only to claims or causes of action which are governed by the California Tort Claims Act which does not apply to federal causes of action. Additionally, the Tort Claims Act contains certain exemptions. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult with an attorney, you should do so immediately. Please also be advised that, pursuant to § 128.7 and § 1038 of the California Code of Civil Procedure, the City will seek to recover all costs of defense in the event an action is filed in this mutter and it is determined that the action was not brought in good faith and with reasonable cause. Sincerely, Susan Blackston City Clerk cc: City Attorney DB Claims