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HomeMy WebLinkAboutAgenda Report - December 18, 1996 (70)AGENDA TITLE: Denial of Verified Claim(s) Against the City of Lodi MEETING DATE: December 18, 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) Howard, Hank Date of Loss: 05/03/96 B) Corell, Christine Date of Loss: 08/29/96 C) Masters, Charles Date of Loss: 10/06/96 D) Winchester, Sharon Date of Loss: 08/17/96 E) Gregory, Cheryl Date of Loss: 10/25/96 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, (-WAAJw-,V- Joann A Narloch, Human Resources Director cc: City Attorney APPROVED: e'I'llZ4 :::� H. Dixon Flynn -- City Ma ager 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 Rejection December 18, 1996 Richard J. Chiurazzi, Attorney at Law Mastagni, Holstedt & Chiurazzi 1912 I Street Sacramento, CA 95814 RE: Claim against the City of Lodi filed by Henry Howard Date of Loss: 5/3/96 Claim Number: 96-92 Dear Mr. Chiurazzi: 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 18, 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, w Je ifer Perrin ` Ci Clerk cc: Bill Benson CITY COUNCIL PHILLIP A. PENNINO, 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 Rejection December 18, 1996 Charles H. Masters 985 Round Hill Rd. Redwood City, CA 94061-1134 RE: Claim against the City of Lodi Date of Loss: 10/6/96 Claim Number: 96-82 Dear W. Masters: 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 6, 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. cc: Bill Benson Sincerely, CITY COUNCIL P PENNING, Mayor CITY O F L O D I )ACKCK A. A. SI 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 18, 1996 Christine Corell 1606 So. Mills Ave. Lodi, CA 95242 RE: Claim against the City of Lodi Date of Loss: 8/29/96 Claim Number: 96-79 Dear Ms. Corell: 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 tty 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 95241-1 91 0 (209) 333-6704 FAX (209) 333-6816 Notice of Claim Reiection December 18, 1996 Sharon Winchester 2361 W. Elm St. Lodi, CA 95240 RE: Claim against the City of Lodi Date of Loss: 8/17/96 Claim Number: 96-85 Dear Ms. Winchester: 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 11, 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, JJeV.fer PemClerk cc: Bill Benson CITY COUNCIL PHILLIP A. PENNING, Mayor JACK A. SIEGLOCK Mayor Pro Tempore KEITH LAND STEPHEN J. MANN DAVID P. WARNER 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 18, 1996 Cheryl Gregory 1511 So. Mills Ave., #117 Lodi, CA 95242 RE: Claim against the City of Lodi Date of Loss: 10/25/96 Claim Number: 96-84 Dear Ms. Gregory: 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 12, 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, cc: Bill Benson