HomeMy WebLinkAboutAgenda Report - July 3, 2002 H-01AGENDA TITLE: Denial of Verified Claim(s) against the City of Lodi
MEETING DATE: July 3, 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) Demshar, John P DOL: 4/15/02
B) Kneeland, Mark DOL: 5/19/02
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:
H. Dixon Flynn -- City Manager
CITY COUNCIL
CITY OF LODI
PHILLIP A. PENNINO, 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
July 5, 2002
John P. Demshar
1142 Chateau Ct.
Lodi, CA 95240
RE: Claim against the City of Lodi
Claimant: John P. Demshar
Date of Loss: 4/15/02
Our Claim Number: 762-02
Dear Claimant:
H. DIXON FLYNN
City Manager
SUSAN J. BLACKSTON
City Clerk
RANDALL A. FLAYS
City Attorney
Notice is hereby given that the claim you presented to the City of Lodi on May 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 Witt 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
PHILLII' A. PENNINO, Mayor
SUSAN HITCHCOCK, CITY HALL
Mayor Pro Tempore 221 WEST PINE STREET, P.O. BOX 3006
EMILY HOWARD LOD1, CALIFORNIA 95241-1910
KEITH LAND HUMAN RESOURCES: (209) 333-6704
ALAN NAKANISIII FAX (209) 333-6816
Notice of Claim Rejection
July 5, 2002
Mark Kneeland
2427 Tejon St.
Lodi, CA 95240
RE: Claim against the City of Lodi
Claimant: Mark Kneeland
Date of Loss: 5/19/02
Our Claim Number: 761-02
Dear Claimant:
H. DIXON FLYNN
City Manager
SUSAN J. DLACKSTON
City Clerk
RANDALL A. HAYS
City Attorney
Notice is hereby given that the claim you presented to the City of Lodi on May 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 WA 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