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HomeMy WebLinkAboutAgenda Report - February 1, 2006 J-01AGENDA ITEM :1i I CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Denial of Verified Claim(s) against the City of Lodi MEETING DATE: PREPARED BY: February 1, 2006 Risk Management RECOMMENDED ACTION: That Council by motion action, deny the following verified claim filed against the City of Lodi. (A) Curtis & Rhonda Gokey Date of Loss: December 31,2005 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 ly-440�0 - Risk Manager APPROVED: % Blair King, Manager CITY COUNCIL SUSAN HITCHCOCK, Mayor BOBJOHNSON Mayor Pro Tempore I.AIZRY HANSEN JO;%NNE MOUNCI=. JOHN BECKMAN Curtis & Rhonda Gokey 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 February 2,2006 RE: Claim agailnst the City of Lodi Claimant: Curtis & Rhonda Gokey Date of Loss: 12/31/05 Our Claim Number: 101706 Dear Claimant: 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 January 6, 2006 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 arc 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 he 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, n Bl k n Susa ac sto City Clerk cc City Attorney DB Claims Risk Management City Clerk