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HomeMy WebLinkAboutAgenda Report - February 7, 1996 (77)OF CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Denial of Verified Claims Against the City of Lodi MEETING DATE: February 7, 1996 SUBMITTED BY: Human Resources Director RECOMMENDED ACTION: To approve by motion action, denial of the following verified claims filed against the City of Lodi: A) James Pirkig, date of loss: 12/30/95 B) Robert Haley, date of loss: 07/16/95 C) Ronald & Madalynne Hancock, date of loss: 07/29/95 BACKGROUND INFORMATION: Following review of the verified claims filed against the City of Lodi, the .City Attorney 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, � J Joanne k Narloch, Human I6ources Director Prepared by Marlon Robbins, Human Resources Analyst II. cc: City Attorney I z APPROVED: H. D ix o n F I g n n City Manager recycled pepar cc -1 CITY COUNCIL DAVID P. WARNER, Mayor PHILLIP A. PENNINO Mayor Pro Tempore RAY G. DAVENPORT STEPHEN J. MANN JACK A. SIEGLOCK CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 96241-1910 (209) 333-6704 FAX (209) 333-6816 Notice of Claim Rejection February 7, 1996 James Pirkig 300 Sterling Woodbridge, CA 95258 RE: Claim against the City of Lodi Date of Loss: 12/30/95 Claim Number: 96-01 Dear Mr. Pirkig: H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney Notice is hereby given that the claim you presented to the City on Lodi on January 2, 1996, 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, n i er In 7 n 1ty Cle cc: Bill Benson 01/24/98 J:TERSONNLIRISKMGM71GL%CLA1MS198-01RJT.DOC CITY COUNCIL DAVID P. WARNER, Mayor PHILLIP A. PENNINO Mayor Pro Tempore RAY G. DAVENPORT STEPHEN J. MANN JACK A. SIEGLOCK CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6704 FAX (209) 333-6816 Notice of Claim Rejection February 7, 1996 John L. Casenave, Esq. 3031 W. March Lane Suite 210 West Stockton, CA 95219-6500 RE: Claim against the City of Lodi Date of Loss: 01/16/95 Claim Number: 96-05 Dear Mr. Casenave: H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney Notice is hereby given that the claim you presented to the City on Lodi on January 16, 1996, 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, J ifer n City Clerk cc: Bill Benson 01/24/88 J:%PERSONNLIRISKMGMT\GL\CLAIMS\g"SRJT.DOC CITY COUNCIL DAVID P. WARNER, Mayor PHILLIP A. PENNINO Mayor Pro Tempore RAY G. DAVENPORT STEPHEN J. MANN JACK A. SIEGLOCK CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 96241-1910 (209) 333-6704 FAX (209) 333-6816 Notice of Claim Rejection February 7, 1996 Richard H. Schoenberger Walkup, Melodia, Kelly & Echeverria 650 California Street, 30th Floor San Francisco, CA 94108 RE: Claim against the City of Lodi Date of Loss: 07/29/95 Claim Number: 96-08 Dear Mr. Schoenberger: H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney Notice is hereby given that the claim you presented to the City on Lodi on January 26, 1996, 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, fifer rrin ity Cler cc: Bill Benson 01/30/96 J:IPERSONNLIRISKMGMTIGLIAARJCTI.DOC