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HomeMy WebLinkAboutAgenda Report - October 18, 1995 (67)OF CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Communications (September 27, 1995 through September 10, 1995) MEETING DATE: October 18, 1995 PREPARED BY: Assistant City Manager RECOMMENDED ACTION: That the City Council by motion action deny the following verified claim filed against the City of Lodi. G. 2a,b a) Kenneth Isaak, date of loss 07/16/95 b) Michael Lawrence (a minor), date of loss 9/16/94 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, Jerry L. Glenn Assistant City Manager J LG:tp APPROVED:vu'1n�Xn.� -J0, I t'' <�- \ THOMAS A. PETERSON City Manager cc -1 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 Crlaim Rejection October 18, 1995 Kenneth Isaak 45 N. Wellington Lodi, CA 95242 RE: Claim of Kenneth Isaak Date of Loss: 07-16-95 Claim Number: 95-53 Dear Mr. Isaak: 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 September 13, 1995, is rejected as of the date of this letter. Warning Subject to certain exemptions, you have only sir (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 platter. If you desire to consult with an attorney, you should do so immediately. Pleasealso 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. Sincerelv, J niter Perr' i City Clerk cc: Bill Benson 10/20/95 J:\PERSONNL\RISKMGMT\GL\KIRJCTI.DOC