HomeMy WebLinkAboutAgenda Report - October 18, 1995 (55), OF
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Communications (September 27, 1995 through September 10, 1995)
MEETING DATE: October 18, 1995
PREPARED BY: Assistant City Manager
RECOMMENDED ACTION: That the City Council by motion action deny the following verified
claim filed against the City of Lodi.
G. 2a,b
a) Kenneth Isaak, date of loss 07/16/95
b) Michael Lawrence (a minor), date of loss 9/16/94
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.
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APPROVED:
Respectfully Submitted,
Jerry L. Glenn
Assistant City Manager
THOMAS A. PETERSON
City Manager
cc -1
CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempora
RAY G. DAVENPORT
PHILLIP A. PENNING
JACK A. SIEGLOCK
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LOD1, CALIFORNIA 95241-1 91 0
(209) 333-6704
FAX (209) 333-6816
Notice of Claim Rejection
October 18, 1995
Kenneth Isaak
45 N. Wellington
Lodi, CA 95242
RE: Claim of Kenneth Isaak
Date of Loss: 07-16-95
Claim Number: 95-53
Dear Mr. Isaak:
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
Notice is hereby given that the claim you presented to the City on Lodi on September 13, 1995, is rejected
as of the date of this letter.
Warning
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
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 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 Sections 128.5 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,
J nifer Perh 1
City Clerk
cc: Bill Benson
10/20/95 J:IPERSONNL\RISKMGMTIGLIKIRJCT1.DOC
CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
RAY G. DAVENPORT
PHILLIP A. PENNINO
JACK A. SIEGLOCK
Jacqueline M. Lawrence
Michael Lawrence
c/o Digardi & Campbell
1000 Broadway, Suite 600
Oakland, California 94607
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6704
FAX (209) 333-6816
Notice of Claim ,ejection
October 18, 1995
RE: Claim of Michael Lawrence against the City of Lodi
Date of Loss: 09-16-94
Claim Number: 95-55
CJPMRA Claim Number: 94-95-045
Dear Ms. Lawrence:
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
Notice is hereby given that the claim you presented on behalf of Michael Lawrence to the City on Lodi vitt
September 15, 1995, is rejected as of the date of this letter.
Warning
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. Sec Government Code
Section 945.6. The six month time limit referred to in this notice applies only to claims or causes
which are governed by the California Tort Claims Act Nchich does not apply to federal causes of action.
Additionallv, the Tort Claims Act contains certain exemptions. You may seek the advice of an attornev of
vour choice in connection with this matter. if you &-.sire to consult Frith an attorney, you should Jo so
immediately.
Plcase also be advised that, pursuant to Sections 128.5 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 tiled in this matter and it is
determined that the action was not brought in good faith and with reasonable cause.
Sincerely,
Jar Ifcr c
v Clerk
cc: Bill Benson
10/20/95 J:VPERSONNLIRISKMGMTIGLIMLRJCT1.DOC
CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Tempore
JACK A. SIEGLOCK
PHILLIP A. PENNINO
RAY G. DAVENPORT
October 19, 1995
Jacqueline M. Lawrence
Michael Lawrence
c/o Digardi & Campbell
1000 Broadway, Suite 600
Oakland, California 94607
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6704
FAX (209) 333-6816
ICA File No.: 35-0277000/001-51
Date of Loss: 09-16-94
Re: Application to Present a Late Claim of Jacqueline M. Lawrence
H. DIXON FLYNN
City. Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
A communication intended to be an application to present a late claim and a communication
purported to be a claim have been referred to this office pursuant to Government Code §935.4.
NOTICE IS HEREBY GIVEN that said application to present late claim is denied; no
consideration has been or may be given to the purported claim itself.
WARNING
If you wish to file a court action on this matter, you must first petition the appropriate court for
an order relieving you from the provisions of Government Code §945.4 (claims presentation
requirement). See Government Code §946.6. Such petition must be filed with the court within
six (6) months from the date your application for leave to present a late claim was denied. You
may seek the advice of an attorney of your choice in connection with this matter. If you desire to
consult an attorney, you should do so immediately.
Sincerely,
NIFE PERRIN
City Clerk
cc: Bill Benson
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