Loading...
HomeMy WebLinkAboutAgenda Report - April 17, 2002 H-01CITY OF LODI COUNCII, COMMUNICATION AGENDA TITLE: Denial of Verified Claim(s) against the City of Lodi MEETING DATE: April 17, 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) DLJ Electric DOL: 2/20/02 B) French, Ruby DOL: 1/29/02 BACKGROUND INFORMATION: Following review of verified claims filed against the City of Lodi, the City's contract administrator, Insurance Consulting Associates, Inc. (ICA) and Human Resources staff, recommend the City deny the subject claims. FUNDING: None Required. cc: City Attorney APPROVED: <4//I_-4 � H. Dixon Flynn -- City Manager 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 April 18, 2002 DLJ Electric 8829 Davis Road, Ste. 3 Stockton, CA 95209 RE: Claim against the City of Lodi Claimant: DLJ Electric Date of Loss: 2/20/02 Our Claim Number: 751-02 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 March 11, 2002 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 Blackston City Clerk cc: City Attorney Risk Manager ICA 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 April 18, 2002 Ruby French 2312 Klamath Ct. Lodi, CA 95242 RE: Claim against the Cily of Lodi Claimant: Ruby French Date of Loss: 1/29102 Our Claim Number: 755-02 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 March 21, 2002 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 Blackston City Clerk cc: City Attorney Risk Manager ICA