HomeMy WebLinkAboutAgenda Report - November 18, 1998 (53)CITY OF LOD1 COUNCIL COMMUNICATION
AGENDA TITLE: Denial of Verified Claim(s) Against the City of Lodi
MEETING DATE: November 18, 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) Hubner, Norman
B) Silva, Olga
DOL: 07/17/98
DOL: 07/20/98
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,
Joan#e M. Narloch, Human Resources Director
cc: City Attorney
APPROVED:
H. Dixon Flynn -- City Manager
l 1 I Y COUNCIL
JACK A. SILGLOCK, Mayor
KLITII LAND,
Mayor Pro Tempore
ROBERTJ.JOHNSON
S IEPITEN J. MANN
PHILLIP A. PENNING
Mr. Norman Hubner
424 South Crescent Avenue
Lodi, CA 95240
CITY OF LODI
CITY HALL
221 WEST PINE S'T'REET, P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
HUMAN RESOURCES: (209) 333-0704
FAX (209) 333-6816
Notice of Claim Reiection
November 18, 1998
It h: Claim against the City of Lodi
Date of Loss: July 17, 1998
Claim Number: 980827-234-980717-110
Dear Claimant:
H. DIXON FLYNN
City Manager
ALICE M. REIMCIIE
City Clerk
RANDALL A. HAYS
City Attorney
Notice is hereby given that the claim you presented to the City of l.odi on July 17, 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
§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 "fort 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
ofyour 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 §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
detcrtuined that the action was not brought in good faith and with reasonable cause.
Sincerely,
Alice M. Reit the
City Clerk
cc-. City Attorney
Risk Manager
Bill Benson, ICA
CITY COUNCIL
JACK A. SIEGL.00K, 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
November 18, 1998
Ms. Olga Silva
116 Lawrence Avenue
Lodi, CA 95240
RE: Claim against the City of Lodi
Date of Loss: July 20, 1998
Claim Number: 980928-191B-980720-535
Dear Claimant:
It. 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 September 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
§945.6. The six month time limit referred to in this notice applies only to claims or causes of action
which are iloverned by the. California Tort Claims Aut which does not apply to fcderul causes of action.
Additionally, the Tort Claims Act contains certain exemptions. You may seek the advice of an attomcy
of your choice in connection with this matter. If you desire to consult with an attorney, you should do so
inunediately.
Please also be advised that, pursuant to §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,
IRUO k- oz -a �
Alice M. Reimche
City Clerk
cx: City Attorney
Risk Manager
Bill Benson, [CA
4 LIN-IUDOC