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HomeMy WebLinkAboutAgenda Report - June 15, 2005 J-01AGENDA ITEM 4'0-01 CITY OF LODI COUNCIL COMMUNICATION M AGENDA TITLE: Denial of Verified Claim(s) against the City of Lodi MEETING DATE: June 15,2005 PREPARED B Y Risk Management RECOMMENDED ACTION: To approve by motion action, denial of the following verified Claim filed against the City of Lodi. (A) The SalvationArmy DOL: February 5, 2004 (B) Town & Country Park Assoc. DOL: December25,2003 BACKGROUND INFORMATION: Following review of verified claims filed against the City of Lodi, The City's contract administrator, DB Claims and Human Resources Staff, recommend the City deny the subject claim(s). FISCAL IMPACT NIA FUNDING AVAILABLE: None Required Attachments cc: City Attorney DB Claims 'r �ns, !lOnager anager APPROVED: ZI Blair Ki , ity Manager CITY COUNCIL JOHN BECKMAN, Mayor SUSAN HITCHCOCK Mayor Pro Tempore LARRY HANSEN JOANNE MOUNCE BOBJOHNSON The Salvation ArarY 40PA 91101 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 Resection June 16.2005 RE: Claim against the City of Lodi Claimant: Salvation Army Date of Loss: 02/05/04 Cls Claim Number: 98305 Dear Claimant: FILE COPY BLAIR KING City Manager SUSAN L BLACKSTON City Clerk STEPHEN SCHWABAUER City Attorney Notice is hereby given that the claim you presented to the City of Lodi on May 09,2005 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 5128.7 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, Az �usanUlackston City Clerk cc City Attorney DB Claims Risk Management City Clerk CITY COUNCIL JOHN BECKMAN, Mayor SUSAN HITCHCOCK Mayor Pro Tempore LARRYHANSEN JOANNE MOUNCE BOB JOHNSON 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 Reiection June 16,2005 Robert G. Kruse Mason & Thomas RE: Claim ag,ainsi the City of Lodi Claimant: Town & Country Park Association Date of Loss: December 25,2003 Our Claim Number: 98505 Dear Claimant: FILE COPY BLAIR KING 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 May 19, 2005 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 Attorney DB Claims Risk Management City Clerk