HomeMy WebLinkAboutAgenda Report - November 1, 1995 (56),� OF
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Denial of Verified Claims Against the City of Lodi
MEETING DATE: November 1, 1995
SUBMITTED BY: Personnel Director
RECOMMENDED ACTION: To approve by motion action denial of the following
verified claims filed against the City of Lodi:
A) Betty James, date of loss 07-28-95
B) William F. Hughes, date of loss 10/94
BACKGROUND INFORMATION: 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.
FUNDING: None required.
Respectfully Submitted,
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JoAne Narloch, Personnel Director
Prepared by Marlon Robbins, Personnel Analyst II
cc: City Attorney
APPROVED:
THOMAS A. PETERS 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 1, 1995
Betty James
4064 E. Emerson
Acampo, CA 95220
RE: Claim against the City of Lodi
Date of Loss: 07-28-95
Claim Number: 95-46
Dear Ms. James:
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 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,
nifer P in
City Clerk
cc: Bill Benson
10/23/95 J:\PERSONNL\RISKMGMT\GL\BJAMES.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 9 5241-1 91 0
12091 333-6704
FAX 12091 333-6816
Notice of Claim Rcjection
November I, 1995
William F. Hughes
1174 Waterwood Ct.
Galt. CA
RE: Claim against the City of Lodi
Date of Loss: 11/93 - 10/94
Claim Number: 95-57
Dear Mr. Hughes:
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 Citv of Lodi on October 10, 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,
nnifcr P rin
City Clerk
cc: Bill Benson
10/23/95 J:\PERSONNL\RISKMGMT\GL\WHUGHES.DOC