HomeMy WebLinkAboutAgenda Report - March 1, 1995 (82)OF
oQ CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Communications (January 26, 1995 through February 21, 1995
MEETING DATE: March 1, 1995
PREPARED BY: Jerry L. Glenn, Assistant City Manager
RECOMMENDED ACTION:
AGENDA ITEM RECOMMENDATION
G. i a That the City Council by motion action deny the
following verified claim filed against the City of
Lodi.
a) Cheryl Harvey, date of loss, 10/23/94
BACKGROUND INFORMATION: Following review of the verified claim filed against
the City of Lodi, the City Attorney and/or the
City's Contract Administrator, Insurance Consulting
Associates, Inc. (ICA) recommend that the City
Council deny the subject claim.
FUNDING: None required.
Respectfully Submitted,
rrry Glenn
Assistant City Manager
CCCOM001/TXTA.TLP/GL
APPROVED: C l �? `-r'— tow
THOMAS A. PETERSON recycled paper
City Manager
CC -1
CITY COUNCIL
STEPHEN J. MANN, Mayor CITY OF L O D I
DAVID P. WARNER
Mayor Pro Tempore
CITY HALL, 221 WEST PINE STREET
RAY G. DAVENPORT
P.O. BOX 3006
PHILLIP A. PENNING
JACK A. A ENNI LODI, CALIFORNIA 95241-1910
FAX (209) 333-6807
March 2, 1995
Law Offices of Nicholas Lowe
1788 Tribute Road, Suite 300
Sacramento, CA 95815
RE: Your Claimant: Cheryl Harvey
Date of Loss: 10/23/94
Dear Mr. Lowe:
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
City Clerk
BOB McNATT
City Attorney
Notice is hereby given that the claim you presented to the City on Lodi on January 25, 1995, 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,
J iiir M. Per
Cr'C ty lerk
Ki -
cc: Insurance Consulting Associates
03/02/95 AAREJECT.DOC