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HomeMy WebLinkAboutAgenda Report - August 17, 1994 (35)�CW CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Communications (July 26, 1994 through August 8, 1994). MEETING DATE: August 17, 1994 PREPARED BY: Jerry L. Glenn, Assistant City Manager RECOMMENDED ACTION: AGENDA ITEM RECOMMENDATION 1 1 a, That the City Ccuncil by motion action deny the following verified claim filed against the City of Lodi. a) Jose Duran, date of loss, 7/12/94 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, erry L. Glenn Assistant City Manager CCCOM001/TXTA.TLP/GL APPROVED r- — (�� THOMAS A. PETERSON ec�c ec pace• City Manager cc ' August 18, 1994 Law Offices of Juan Chacon Juan Chacon, Esq. 481 Ainsley Avenue Yuba( City, CA 95991 RB: Jose Duran vs. City of Lodi Date of Loss 07/12/94 Lodi Claim No.: 94-39 Dear Mr. Chacon: THQMAS A_ PETERSON City Manage: JENNIFER M. PERRIN City Cler) BOB MCNATT City Attofneti Notice is hereby given that the claim which you presented to the City on August 8, 1994 is rejected as of the date of this letter. WARNING Subject to certain exceptions, 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 exceptions. 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 Califorria 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, fifer Perrin City Cler JMP/tp cc: Insurance Consulting Associates Joh:z Lueoberke, Deputy City Attorney REJECT/1XTA.TLP/GL CITY COUNCIL JACK A. SIEGLOCK. Mayor CITY OF L O D I STEPHEN 1. MANN Mayor Pro Tempore RAY G. DAVENPORT CITY HALL, 221 WEST PINE STREET PHILIIP A. PENNING P.O. BOX 30()6 LODI, CALIFORNIA 95241.1910 JOHN R. (Randy) SNIDER (209) 334-5b34 1AX (An) JJJ-b79S August 18, 1994 Law Offices of Juan Chacon Juan Chacon, Esq. 481 Ainsley Avenue Yuba( City, CA 95991 RB: Jose Duran vs. City of Lodi Date of Loss 07/12/94 Lodi Claim No.: 94-39 Dear Mr. Chacon: THQMAS A_ PETERSON City Manage: JENNIFER M. PERRIN City Cler) BOB MCNATT City Attofneti Notice is hereby given that the claim which you presented to the City on August 8, 1994 is rejected as of the date of this letter. WARNING Subject to certain exceptions, 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 exceptions. 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 Califorria 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, fifer Perrin City Cler JMP/tp cc: Insurance Consulting Associates Joh:z Lueoberke, Deputy City Attorney REJECT/1XTA.TLP/GL