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HomeMy WebLinkAboutAgenda Report - February 20, 2002 H-01COUNCIL • • 9<<F0 AGENDA TITLE: Denial of Verified Claim(s) against the City of Lodi MEETING DATE: February 20, 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) Eunice Friederich DOL: 7/06/01 B) Kenneth Nellis DOL: 8/31/01 C) Claudette Gaydon DOL: 1/3/02 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. Respectfully Kirk cc: City Attorney PO APPROVED: H. Dixon Flynn -- Ci Manager CITY COUNCIL H. DIXON FLYNN CITY OF L O D I City Manager PHILLIP A. PENNING, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN NAKANISHI Eunice Friederich 425 E. Oak St. Lodi, CA 95240 CITY HALL 221 WEST PINE STREET, P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 HUMAN RESOURCES: (209) 333-6704 FAX (209) 333-6816 Notice of Claim Rejection February 21, 2002 RE: Claim against the City of Lodi Claimant: Eunice Friederich Date of Loss: 7/6/01 Our Claim Number: 732-02 Dear Claimant: 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 January 4, 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 J. Blackston City Clerk cc: City Attorney Risk Manager ICA CITY COUNCIL PHILLIP A. PENNING, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN NAKANISHI Kenneth Nellis 2250 Scarborough Dr. #21 Lodi, CA 95240 CITY OF LODI CITY HALL 221 WEST PINE STREET, P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 HUMAN RESOURCES: (209) 333-6704 FAX (209) 333-6816 Notice of Claim Rejection February 21, 2002 RE: Claim against the Ci1X of Lodi Claimant: Kenneth Nellis Date of Loss: 8/31/01 Our Claim Number: 734-02 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 January 7, 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 `fort 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 fled 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 CITY COUNCIL CITY OF LODI PHILLIP A. PENNINO, Mayor SUSAN HITCHCOCK, CITY HALL Mayor Pro Tempore 22t 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 February 21, 2002 Claudette Gaydon 2220 Capell Dr. Lodi, CA 95240 RE: Claim against the City of Lodi Claimant: Claudette Gaydon Date of Loss: 1/3/02 Our Claim Number: 737-02 Dear Claimant: H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clcrk RANDALL A. HAYS City Attorney Notice is hereby given that the claim you presented to the City of Lodi on January 25, 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 J. Blackston City Clerk cc: City Attorney Risk Manager ICA