HomeMy WebLinkAboutAgenda Report - November 1, 1995 (64)Or
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Denial of Verified Claims Against the City of Lodi
MEETING DATE: November 1.5, 1995
SUBMITTED BY: Human Resources Director
RECOMMENDED ACTION: To approve by motion action, denial of the following
verified claims tiled against the City of Lodi:
A) Gerardo Gutierrez, date of loss 08/21/95
B) Roger Harbin, date of loss 09/13/95
C) Jose Rodriguez, date of loss 10/09/95
BACKGROUND INFORMATION: Following review of the verified claims tiled
against the City of Lodi, the City Attorney and/or
the City's Contract Administrator, Insurance Consulting Associates, Inc. (ICA), recommend
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that the City deny the subject claims.
FUNDING: None required.
Respectfully submitted,
�!v C t ua-"" —,—,
.loan ie Nh. Nark h, Human Resources Director
Prepared by Marlon Robbins, Human Resources Analyst 11.
cc: City Attorney
APPROVED:
H. D on P l a n recycled paper
City Manager
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CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY G. DAVENPORT
PHILLIP A. PENNINO
JACK A. SIEGLOCK
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 Rejection
November 15, 1995
Gerardo Gutierrez
313 Elm St.
Lodi, CA 95240
RE: Claim against the City of Lodi
Date of Loss:08/21/95
Claim Number: 95-56
Dear Mr. Gutierrez:
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 on Lodi on October 3, 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,
4J"fer
Per 'n
City Clerk
cc: Bill Benson
11/20/95 J:IPERSONNLIRISKMGMT\GL%AARJCTI.DOC
CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY G. DAVENPORT
PHILLIP A. PENNINO
JACK A. SIEGLOCK
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6704
FAX (209) 333-6816
Noticc of Claim Rej_cction
November 15. 1995
Lawrence R. Briscoe, Attorney At Law
I 1 South San Joaquin St., Suite 306
Stockton, CA 95202
RE: Claim of Roger Harbin against the City of Lodi
Date of Loss: 09/13/95
Claim Number: 95-60
Dear Mr. Briscoe:
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
Notice is hereby given that the claim you presented in behalf of Roger Harbin to the City on Lodi on
October 24. 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
vour choice in connection with this platter. 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,
nT
r P r n
itvlerk
cc: Bill Benson
11/07195 C:\WPDOCS\COUNCIL\95-60RJT.DOC
CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY G. DAVENPORT
PHILLIP A. PENNINO
JACK A. SIEGLOCK
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 Rejection
November 15. 199.5
Jose Rodriguez
229 Stanislaus St.
Lodi, CA 95240
RE: Claim against the City of Lodi
Date of Loss: 10/09/95
Claim Number: 95-58
Dear Mr. Rodriguez:
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 on Lodi on October 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 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 Citv 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,
nifer Pc
.itv Clerk
cc: Bill Benson
11/07/95 J:\PERSONNL\RISKMGMT\GL\AARJCTI.DOC