HomeMy WebLinkAboutAgenda Report - November 15, 2006 J-01aAGENDA ITEM Z� v I
CITY oiF Low
COUNCIL COMMUNICATION
1M
AGEN1110k TITLE: Denial of Verified Claim(s) against the City of Lodi
MIEETNbG DATE: Noven0aer 95, 2006
PREPARED BY: Deputy City Manager
RECON ACTION: Deny the following verified Claim, by Council motion action, filed
against the City of Lodi on October 3, 2006.
(A) Manuel Caldera Date of Loss: August 2, 2006
BACKGROUND INEARMATNON: Following review of verified claims filed against the City of Lodi, the
City's contract administrator, DB Claims and City staff, recommend
the City deny the subject claim. Although the cause of the accident
was unsafe backing by a City of Lodi patrol officer in violation of
22106 California Vehicle Code (CVC), the City has specific immunity for damage caused while pursuing
a potential crime suspect as referenced in CVC 17400, "A public employee is not liable for civil damages
on account of personal injury or death of any person or damage to property resulting from the operation,
in the line of duty, of an authorized emergency vehicle while responding to an emergency call or when in
the immediate pursuit of an actual or suspected violator to the law, or when responding to but not
returning from a fire alarm or other emergency calf'.
FISCAL IMPACT: NIA
FUNDOG AVAILABLE: None Required
Anachments
cc: City Aftorney
DB C*aims
�Ji rueger, Deputy City Maria r
APPROVED: ^/ " _3_
Blair King,bE tanager
CITY COUNCIL
SUSAN HITCHCOCK, Mayor
BOBJOHNSON
Mayor Pro Tempore
LARRY HANSeN
JOANNE MOUNCE
JOHN BECKMAN
CITY OF LORI
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
November 16, 2006
RE: Claim winst the_CiJV of Lodi
Claimant: Manuel Caldera
Date of Loss: August 2, 2006
Our Claim Number: 105606
Dear Claimant:
BLAIR KING
City Manager
RAND[ JOHL
City Clerk
STEPHEN SCHWABAUER
City Attorney
Notice is hereby given that the claim you presented to the City of Lodi on October 3, 2006 was rejected
as of the date of this letter.
Notice
Subjoct 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
i mmol iately.
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.
Si rely,
(4 62 �; L
Randi Joh!
City Clerk
cc: City Attorney
DB Claims
Risk Management
City Clerk