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HomeMy WebLinkAboutAgenda Report - August 5, 1998 (60)AGENDA TITLE: Denial of Verified Claim(s) Against the City of Lodi MEETING DATE: August 5, 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) Maldonado, Leslie B) Geer, Garry DOL: 09/27/97 DOL: 05/16/98 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, tA t.,,a' ""I" . Joanne T Narloch, Human Resources Director cc: City Attorney APPROVED: H. Dixon Flynn -- City Manager � J CITY COUNCIL JACK A. SIEGLOCK, Mayor KEITH LAND, Mayor Pro Tempore ROBERT L JOHNSON STEPHEN J. MANN PHILLIP A. PENNINO CITY OF LODI CITY HALL 221 WEST PINE STREET, P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 HUMAN RESOURCES: (209) 333-6704 PAX (209) 333-6816 Notice of Claim Rejection August 5, 1998 Ms. Leslie Maldonado c/o Law Office of bandy E. Thomas P.O. Box 717 Woodbridge, CA 95258 RE: Claim against the City of Lodi Date of Loss: September 27, 1997 Claim Number: 980323-76-970927-101 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 23, 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. Sincerely, Alice M. Reimche City Clerk cc: City Attorney Risk Manager Bill Benson, ICA 4-LTR-RJ.DOC CITY COUNCIL JACK A. SIEGLOCK, Mayor KEITH LAND, Mayor Pro Tempore ROBERT J. JOHNSON STEPHEN J. MANN PHILLIP A. PENNINO 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 August 5, 1998 Mr. Gary M. Geer 12376 North Lower Sacramento Road Lodi, CA 95242 RE: Claim against the City of Lodi Date of Loss: May 16, 1998 Claim Number: 980602-139-980516-440 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 June 02, 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 trail 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. Sincerely, Alice M. Reimche City Clerk cc: City Attorney Risk Manager Bill Benson, ICA 4-LTR-RJ.DOC