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HomeMy WebLinkAboutAgenda Report - December 4, 1996 (22)AGENDA TITLE: Denial of Verified Claim(s) Against the City of Lodi MEETING DATE: December 4, 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) Pupkus, Mary Date of Loss: 09/20/96 B) Silva, Mary Date of Loss: 02/27/96 C) Wetterer, Craig Date of Loss: 04/30/95 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, 4Joan"'IeM. Narloch, Hu an Resources Director cc: City Attorney APPROVED: H. Dixon Flynn -- G Manager i CITY COUNCIL PHILLIP A. PENNING, Mayor JACK A. SIECLOCK Mayor Pro Tempore KEITH LAND STEPHEN J. MANN DAVID P. WARNER Robert W. Lucas Rickards & Lucas 4825 J Street Sacramento, CA 95819 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 Reiection December 4, 1996 RE: Claim against the City of Lodi filed by Craig Wetterer Date of Loss: 4/30/95 Claim Number: 96-66 Dear Mr. Lucas: 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 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, t 1 YLkf- J ifer Perri City Clerk cc: Bill Benson CITY COUNCIL PHILLIP A. PENNING, Mayor CITY O F L O D I JACK A. SIEGLOCK Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET KEITH LAND P.O. BOX 3006 STEPHEN J. MANN LODI, CALIFORNIA 95241-1 91 0 DAVID P. WARNER (209) 333-6704 FAX (209) 333-6816 Notice of Claim Rejection December 4, 1996 Mary Pupkus 1177 Fernside St. Redwood City, CA 94061 RE: Claim against the City of Lodi Date of Loss: 9/20/96 Claim Number: 96-78 Dear Ms. Pupkus: 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 30, 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 ity Clerk cc: Bill Benson CITY COUNCIL PHILLIP A. PENNING, Mayor CITY OF L O D I JACK A. SIEGLOCK Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET KEITH LAND P.O. BOX 3006 STEPHEN J. MANN DAVID P. WARNER LODI, CALIFORNIA 95241-1910 (209) 333-6704 FAX (209) 333-6816 Notice of Claim Reiection December 4, 1996 Rick J. Ricks, Attorney at Law Great American Plaza 6 El Dorado South, Suite 502 Stockton, CA 95202 RE: Claim against the City of Lodi filed by Mary Silva Date of Loss: 2/27/96 Dear Mr. Ricks: 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 November 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 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