HomeMy WebLinkAboutAgenda Report - March 20, 1996 (51)00
OF
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Denial of Verified Claim Against the City of Lodi
MEETING DATE: March 20, 1996
SUBMITTED BY: Human Resources Director
RECOMMENDED ACTION: To approve by motion action, denial of the following
verified claim filed against the City of Lodi:
A) James Fuchs and Doris Hammond
Date of Loss: 8/21/95
BACKGROUND INFORMATION: Following review of the verified claim 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 claim.
FUNDING: None required.
Respectfully submitted,
rJ .r
Jeanne M. Narloch, Human Resources Director
Prepared by Jeff Beyers, Risk Manager
cc: City Attorney
APPROVED:
H.' Dixon Flynn recycled paper
City Manager
cc -1
CITY COUNC L
DAVID P. WA;. NE , Mayor
PHILLIP A. PE;. UNI
Mayor Pro 1 ore
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
March 26, 1996
Law Offices of Ladon G. Bader
1124 West Tokay Street
Lodi, CA 95240
RE: Claim against the City of Lodi
Date of Loss:8/21/95
Claim Number: 96-96-15
Dear Mr. Bader:
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 February 20, 1996, on behalf of
your clients James Fuchs and Doris Hammond, 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,
ennifer Perrin
City Clerk
cc: Bill Benson
03/26/96 8:1JB%GL%AARJCTI.DOC