HomeMy WebLinkAboutAgenda Report - January 2, 2002 H-01AGENDA TITLE: Denial of Verified Claim(s) against the City of Lodi
MEETING DATE: January 2, 2002
SUBMITTED BY: Human Resources Director
RECOMMENDED ACTION: To approve by motion action, denial of the following verified
claim(s) filed against the City of Lodi:
A) Kenneth C. Spivey DOL: 05/25/01
B) Kenneth C. Spivey DOL: 05/26/01
BACKGROUND INFORMATION: Following review of the verified claim filed
against the City of Lodi, the City's contract administrator, Insurance
Consulting Associates, Inc. (ICA) and the Human Resources staff,
recommend that the City deny the subject claims.
FUNDING:
cc: City Attorney
None Required.
/3
M. Warloch, Human Resources Director
APPROVED:
H. Dixon Iynn -- City nager
CITY COUNCIL
CITY OF LODI
PHILLIP A. PENNING, Mayor
SUSAN HITCHCOCK,
CITY HALL
Mayor Pro Tempore
221 WEST PINE STREET, P.O. BOX 3006
EMILY HOWARD
LODI, CALIFORNIA 95241-1910
KEITH LAND
HUMAN RESOURCES: (209) 333-6704
ALAN NAKANISHI
FAX (209) 333-6816
Notice of Claim Rejection
January 2, 2002
Kenneth C. Spivey
25 Eldcrica Way
Lodi, CA 95240
RE: Claim against the City of Lodi
Claimant: Kenneth C. Spivey
Date of Loss: 05/25/01
Our Claim Number: 724-01
Dear Claimant:
H. DIXON FLYNN
City Manager
SUSAN J. BLACKSTON
City Clerk
RANDALL A. HAYS
City Attorney
Notice is hereby given that the claim you presented to the City of Lodi on November 20, 2001 was
rejected as of the date of this letter.
Notice
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
§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 §128.7 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,
Susan J. Blackston
City Clerk
cc: City Attorney
Risk Manager
[CA
CITY COUNCIL
CITY OF LODI
PHILLIP A. PENNING, Mayor
SUSAN HITCHCOCK,
CITY HALL
Mayor Pro Tempore
221 WEST PINE STREET, P.O. BOX 3006
EMILY HOWARD
LODI, CALIFORNIA 95241-1910
KEITH LAND
HUMAN RESOURCES: (209) 333-6704
ALAN NAKANISHI
FAX (209) 333-6816
Notice of Claim Resection
January 2, 2002
Kenneth C. Spivey
25 Elderica Way
Lodi, CA 95240
RE: Claim against the City of Lodi
Claimant: Kenneth C. Spivey
Date of Loss: 05/26/01
Our Claim Number: 725-01
Dear Claimant:
H. DIXON FLYNN
City Manager
SUSAN I. BLACKSTON
City Clerk
RANDALL A. HAYS
City Attorney
Notice is hereby given that the claim you presented to the City of Lodi on November 20, 2001 was
rejected as of the date of this letter.
Notice
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
§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. 1f you desire to consult with an attorney, you should do so
immediately.
Please also be advised that, pursuant to § 128.7 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,
Susan J. Blackston
City Clerk
cc: City Attorney
Risk Manager
ICA