HomeMy WebLinkAboutAgenda Report - July 1, 1998 (48)CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Denial of Verified Claim(s) Against the City of Lodi
MEETING DATE: July 01, 1998
SUBMITTED BY: Human Resources Director
RECOMMENDED ACTION: To approve by motion action, denial of the following verified claim(s)
filed against the City of Lodi:
A) Berry, Danny
B) Daniel, Del
DOL: 10/31/97
DOL: 03/04/98
BACKGROUND INFORMATION: Following review of the verified claims filed against the City
of Lodi, the Risk Manager and/or the City's Contract
Administrator, Insurance Consulting Associates, Inc. (ICA), recommend that the City deny the subject
claims.
FUNDING: None required.
Respectfully submitted,
(4�wtc
Joa4he M. Narloch, Human Resources Director
cc: City Attorney
APPROVED:
H. bixon Flynn -- City Manager
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CITY COUNCIL
LACK A. SIEGLOCK, Mayor
CITY OF L O D I
KEITH LAND,
Mayor Pro Tempore
ROBERT J. JOHNSON
CITY HALL
STEPHEN J. MANN
221 WEST PINE STREET, P.O. BOX 3006
PHILLIP A. PENNING
LODI, CALIFORNIA 95241-1910
HUMAN RESOURCES: (209) 333-6704
FAX (209) 333-6816
Notice of Claim Rejection
July 01, 1998
Mr. Danny Berry
1901 Robert Street
Lodi, CA 95240
RE: Claim against the City of Lodi
Date of Loss: October 31, 1997
Claim Number: 980428-111-971031-440
Dear Claimant:
H. DIXON FLYNN
City Manager
ALICE M. REIMCHE
City Clerk
RANDALL A. HAYS
City Attorney
Notice is hereby given that the claim you presented to the City of Lodi on April 28, 1998, is rejected as
of the date of this letter.
Warning
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 Section 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 Sections 128.5 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.
cc: City Attorney
Risk Manager
Bill Benson, ICA
4-LTX-R/.DOC
Sincerely,
Alice M. Reimche
City Clerk
•
CITY COUNCIL
JACK A. SIEGLOCK, Mayor
CITY OF L O D I
KEITH LAND,
Mayor Pro Tempore
ROBERT J. JOHNSON
CITY HALL
STEPHEN J. MANN
221 WEST PINE STREET, P.O. BOX 3006
PHILLIP A. PENNINO
LODI, CALIFORNIA 95241-1910
HUMAN RESOURCES: (209) 333-6704
FAX (209) 333-6816
Notice of Claim Reiection
July 01, 1998
Mr. Del Daniel
1303 Burgundy Lane
Lodi, CA 95242
RE: Claim against the City of Lodi
Date of Loss: March 05, 1998
Claim Number: 980320-75-980305-110
Dear Claimant:
H. DIXON FLYNN
City Manager
ALICE M. REIMCHE
City Clerk
RANDALL A. HAYS
City Attorney
Notice is hereby given that the claim you presented to the City of Lodi on March 20, 1998, is rejected
as of the date of this letter.
Warning
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 Section 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 Sections 128.5 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.
cc: City Attorney
Risk Manager
Bill Benson, ICA
4-LTR-RJ.DOC
Sincerely,
Azzi 'A &',
Alice M. Reimche
City Clerk