HomeMy WebLinkAboutAgenda Report - November 6, 1996 (86)a
CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Denial of Verified Claim(s) Against the City of Lodi
MEETING DATE: November 6, 1996
SUBMITTED BY: Hurnan Resources Director
RECOMMENDED ACTION: To approve by motion action, denial of the following verified claim(s)
filed against the City of Lodi:
A) Freund, Melvin
Date of Loss: 08/10/96
B) Subry, Gabe
Date of Loss: 05/31/96
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,
Joanne M. Narloch, Human Resources Director
cc: City Attorney
APPROVED:
H. Dixon Flynn -- City Manager
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
November 6, 1996
Matthew C. Jaime
Matheny Poidmore Linkert & Sears
P.O. Box 13711
Sacramento, CA 958534711
RE: Claim against the City of Lodi
Claimant: Gabe Subry
Date of Loss: 5/31/96
Claim Number: 96-42
Dear Mr. Jaime:
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 October 24, 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 lav 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 Perin
tty Clerk
cc: Bill Benson
M11WKdi11IM0311
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
November 6, 1996
Melvin Freund
1523 Timberlake Circle
Lodi, CA 95242
RE: Claim against the City of Lodi
Date of Loss: 8/10/96
Claim Number: 96-73
Dear Mr. Freund:
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 September 17, 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 Pe �n
City Clerk
cc: Bill Benson