HomeMy WebLinkAboutAgenda Report - October 4, 1995 (85)� of
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CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Communications (August 29, 1995 through September 26, 1995)
MEETING DATE: October 4, 1995
PREPARED BY: Assistant City Manager
RECOMMENDED ACTION: That the City Council by motion action deny the following verified
claims filed against the City of Lodi.
G. 1 a, b, c
a) Dale Buirch, date of loss 08/05/95
b) Maria Ruiz, date of loss 04/20/95
C) Phillip Shumate, date of loss 06/27/95
BACKGROUND INFORMATION:
FUNDING:
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APPROVED:
None required.
Following review of the verified claims 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 claims.
Respectfully Submitted,
Jerri L. Glenn
Assistant City Manager
THOMAS A.LPETEF
City Manager
CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY G. DAVENPORT
PHILLIP A. PENNINO
JACK A. SIEGLOCK
CITY OF NODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
FAX (209) 333-6807
• • r@� ► • �
October 5, 1995
Dale Buirch
209 S. California Street
Lodi, CA 95240
RE: Claim against the City of Lodi
Date of Loss: 08/12/95
Dear Mr. Buirch:
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 August 22, 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 nifer Pe in
City Clerk
cc: Insurance Consulting Associates
10/04/95 CAWINWORD\LETTERS\REJECT. DOC
CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY G. DAVENPORT
PHILLIP A. PENNING
JACK A. SIEGLOCK
Edward G. Brooks
Attorney at Law
P.O. box 763
Lockeford, CA 95237
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95 241-1 91 0
FAX (209) 333-6807
• l IDA
October 5, 1995
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
City Clerk
BOB McNATT
City Attorney
RE: Claim of Maria Ruiz; Enrique and Vannessa Hernandez, minors vs. City of Lodi
Date of Loss: 04/20/95
Dear Mr. Brooks:
Notice is hereby given that the claim you presented to the City on Lodi on September 11,
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,
h. .
J nife,r P in'�
ity �Clerk
10/04/95 C:\WINWORD\LETTERS\REJECT. DOC
CITY COUNCIL
STEPHEN 1. 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
LODI, CALIFORNIA 95241-1910
JACK A. SIEGLOCK
FAX (209) 333-6807
Notice of Claim Rejection
October 5, 1995
Phillip Ryan Shumate
16031 North Moore road
Lodi, CA 95242
RE: Claim against the City of Lodi
Date of Loss: 06/27/95
Dear Mr. Shumate:
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 July 19, 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 Califomia 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 nifer Pe 'n
City Clerk
10/04/95 CAWINWORD\LETTERS\REIECT.DOC