HomeMy WebLinkAboutAgenda Report - July 15, 1998 (50)AGENDA TITLE: Denial of Verified Claim(s) Against the City of Lodi
MEETING DATE: July 15, 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) Nabbs, Lyman
DOL: 07/02/97
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,
)Jo e M. Narloch, Human Resources Director
cc: City Attorney
APPROVED:
H. Dixon Flynn -- City Manager
CITY COUNCIL
JACK A. EGLOCK, 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 Rejection
July 15, 1998
Mr. Lyman Nabbs
471 Almond Drive
Lodi, CA 95240
RE: Claim against the City of Lodi
Date of Loss: July 02, 1997
Claim Number: 980514-125-970702-000
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 May 14, 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