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HomeMy WebLinkAboutAgenda Report - November 20, 1996 (62)COUNCIL COMMUNICATION AGENDA TITLE: Denial of Verified Claim(s) Against the City of Lodi MEETING DATE: November 20, 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) Fehling, Anita 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. cc: City Attorney Respectfully submitted, VnneM. Narloch,,-Tiuman Resources Director APPROVED: H. Dixon Flynn -- CK9 Manager Date of Loss: 08/28/96 B) Montalvo, Paul Date of Loss: 07/18/96 C) Pacific Gas & Electric Date of Loss: 07/16/96 D) Pacific Gas & Electric Date of Loss: 09/24/96 E) Young, Susan & Brown, Mathew Date of Loss: 06/01/96 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. cc: City Attorney Respectfully submitted, VnneM. Narloch,,-Tiuman Resources Director APPROVED: H. Dixon Flynn -- CK9 Manager CITY COUNCIL DAVID P. WARNER, Mayor CITY OF L O D I PHILLIP A. PENNINO Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET RAY G. DAVENPORT P.O. BOX 3006 STEPHEN I. MANN LODI, CALIFORNIA 95241-1910 JACK A. SIEGLOCK (209) 333-6704 FAX (209) 333-6816 Notice of Claim Rejection November 20, 1996 Anita Fehling 5920 E. Live Oak Rd. Lodi, CA 95242 RE: Claim against the City of Lodi Date of Loss: 8/31/96 Claim Number: 96-72 Dear Ms. Fehling: 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, '1'L1L�-�. ifer Pearm y Clerk v cc: Bill Benson CITY COUNCIL DAVID P. WARNER, Mayor CITY OF L O D I PHILLIP A. PENNING Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET RAY G. DAVENPORT P.O. BOX 3006 STEPHEN J. MANN LACK E J. MANN LODI, CALIFORNIA 95241-1910 (209)333-6704 FAX (209) 333-6816 Notice of Claim Rejection November 20, 1996 Paul Montalvo 854 Bel Air Court Lodi, CA 95240 RE: Claim against the City of Lodi Date of Loss: 7/18/96 Claim Number: 96-53 Dear Mr. Montalvo: 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 July 31, 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, 4typ i eLr Perim Clerk cc: Bill Benson CITY COUNCIL DAVID P. WARNER, Mayor CITY OF L O D I PHILLIP A. PENNING Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET RAY C. DAVENPORT P.O. BOX 3006 STEPHEN J. MANN JACK E 1. MANN LODI, CALIFORNIA 95241-1910 (209) 333-6704 FAX (209) 333-6816 Notice of Claim Rejection November 20, 1996 Susan Young and Mathew D. Brown c/o Mina L. Ramirez Strauss, Neibauer, Anderson & Ramirez 620 - 12" Street Modesto, CA 95354 RE: Claim against the City of Lodi Date of Loss: 6/01/96 Claim Number: 96-81 Dear Ms. Ramirez: 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 25, 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, �ifer ► Pe r`n City Clerk cc: Bill Benson