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HomeMy WebLinkAboutAgenda Report - October 2, 19969 CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Denial of Verified Claim(s) Against the City of Lodi MEETING DATE: October 2, 1996 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) Bowling, John B. Date of Loss: 08/10/96 B) Lowry, Daniel Date of Loss: 08/10/96 C) Ota, Keith Date of Loss: 08/14/96 D) Schenone, Denise Date of Loss: 08/10/96 E) Schnabel, Steven Date of Loss: 08/10/96 F) Tapia (Orozco), Enrique Date of Loss: 08/18/96 G) Vilhauer, Pat Date of Loss: 08/10/96 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 ne M. Narloch,�Fluman Resources Director cc: City Attorney J APPROVED: H. Dixon Flynn -- City Man ger CITY COUNCIL DAVID P. WARNER, Mayor CITY O F L O D I PHILLIP A. PENNING Mayor Pro Tempore RAY G. DAVENPORT CITY HALL, 221 WEST PINE STREET STEPHEN J. MANN P.O. BOX 3006 JACK A. SIEGLOCK LODI, CALIFORNIA 95241-1910 (209) 333-6704 FAX (209) 333-6816 Notice of Claim Rejection October 2, 1996 John B. Bowling 1605 Sutter Lane Lodi, CA 95240 RE: Claim against the City of Lodi Date of Loss: 8/10/96 Claim Number: 96-63 Dear Mr. Bowling: 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 of Lodi on August 28, 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 vour 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. Additionallv, 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, 4Gity f rPlerk cc: Bill Benson 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 October 2. 1996 Daniel Lowry 8120 Encino Ave. Stockton, CA 95209 RE: Claim against the Citv of Lodi Date of Loss: 9/10/96 Claim Number: 96-58 Dear Mr. Lowry: 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 of Lodi on August 20, 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, Jeri Ifer Perrin C' v Clerk L cc: Bill Benson CITY COUNCIL DAVID P. WARNER, Mayor PHILLIP A. PENNING 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 October 2, 1996 Keith Ota 241 River Oaks Drive Lodi, CA 95240 RE: Claim against the City of Lodi Date of Loss: 8/ 14/96 Claim Number: 96-59 Dear Mr. Ota: 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 of Lodi on August 20, 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, 4itV'JA_( ii`Cf`1r-Crk Perrin cc: Bill Benson CITY COUNCIL PH VI DA A. PENNINO Mayor CITY OF L O D I Mayor Pro Tempore RAY G. DAVENPORT CITY HALL, 221 WEST PINE STREET STEPHEN J. MANN P.O. BOX 3006 JACK A. SIEGLOCK LODI, CALIFORNIA 95241.1910 (209)333-6704 FAX (209) 333-6816 Notice of Claim Rejection October 2. 1996 Denise Schenone 2606 Alder Glen Lodi. CA 95242 RE: Claim against the City of Lodi Date of Loss: 8/10/96 Claim Number: 96-57 Dear Ms. Schenone: 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 of Lodi on August 19, 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 snail to file a court action on your state law claims. See Government Code Section 94.6. 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, 'I fifer Pem City Clerk r rg1 cc: Bill Benson CITY COUNCIL DAVID PENNINOMayor CITY OF L O D I Mayor Pro Tempore RAY G. DAVENPORT CITY HALL, 221 WEST PINE STREET STEPHEN J. MANN P.O. BOX 3006 JACK A. SIEGLOCK LODI, CALIFORNIA 95241-1910 (209)333-6704 FAX (209) 333-6816 Notice of Claim Rciection October 2, 1996 Steven Schnabel 910 Ehrhardt Drive Lodi, CA 95242 RE: Claim against the City of Lodi Date of Loss: 8/10/96 Claim Number: 96-62 Dear Mr. Schnabel: 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 of Lodi on August 27, 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. Additionallv, the Tort Claims Act contains certain exemptions. You may seek the advice of ail 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, r I ?'�t ILC_✓n-A 4 1 �� ! ifcr Pcr n tv Clerk cc: Bill Benson CITY COUNCIL DAViLLIIP A. PENNINOMayar PHILP. WARNER, CITY OF L O D I Mayor Pro Tempore RAY G. DAVENPORT CITY HALL. 221 WEST PINE STREET STEPHEN J. MANN P.O. BOX 3006 JACK A. SIEGLOCK LODI, CALIFORNIA 95241.1910 (209)333-6704 FAX (209)333-6816 Notice of Claim Resection October 2. 1996 Enrique Tapia 5401/2E. Elm St. Lodi. CA 95240 RE: Claim against the City of Lodi Date of Loss: 8/1X/96 Claim Number: 96-56 Dear Mr. Tapia: 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 of Lodi on August 20, 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 Clainns 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, infer Perrin itv Clerk v cc: Bill Benson CITY COUNCIL DAVIPHILLIP A. PENNING P. WARNER, Mayor CITY OF L O D I Mayor Pro Tempore RAY G. DAVENPORT CITY HALL, 221 WEST PINE STREET STEPHEN J. MANN P.O. BOX 3006 JACK A. SIEGLOCK LODI, CALIFORNIA 95241-1910 (209) 333-6704 FAX (209) 333-6816 Notice of Claim Rejection October 2. 1996 Pat Vilhauer 430 Hilborn Lodi, CA 95240 RE: Claim against the City of Lodi Date of Loss: 8/ 10/96 Claim Number: 96-61 Dear Ms. Vilhauer. 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 of Lodi on August 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 vour 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 Citv 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, fc rifer Per"In City Clerk " cc: Bill Benson