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HomeMy WebLinkAboutAgenda Report - February 5, 1997 (72)yOF� b�w O V �• 10 oq maw COUNCIL• • FO AGENDA TITLE: Denial of Verified Claim(s) Against the City of Lodi MEETING DATE: February 5, 1997 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) Abrams, Karen Date of Loss: 12/01/96 B) Manley, Jr., Bill Date of Loss: 11/15/96 BACKGROUND INFORMATION: Following review of the verified claims filed against the City of Lodi, the Risk Manager and/or the City's Contract Administrator, Insurance Consulting Associates, Inc. (ICA), recommend that the City deny the subject claims. FUNDING: None required. Respectfully submitted, Jo e M. Narloch, Human Resources Director cc: City Attorney APPROVED: H. Dixon Flynn -- City Manager CITY COUNCIL PHILLIP A. PENNINO, Mayor CITY O F L O D I JACK A. SIEGLOCK Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET KEITH LAND P.O. BOX 3006 STEPHEN J. MANN LODI, CALIFORNIA 95241-1910 DAVID P. WARNER (209) 333-6704 FAX (209) 333-6816 Notice of Claim Rgiection February 5, 1997 Karen Abrams 1290 Grey Fox Pl. Stockton, CA 95215 RE: Claim against the City of Lodi Date of Loss: 12/1/96 Claim Number: 96-100 Dear Ms. Abrams: H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney =E81 1 Notice is hereby given that the claim you presented to the City of Lodi on December 13, 1996, 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 1285 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, 4ty ifer P Clerk cc: Bill Benson CITY COUNCIL H. DIXON FLYNN City Manager PHILLIP A. PENNING, Mayor CITY OF L O D I JENNIFER M. P JACK A. SIECLOCK City Clerk Mayor Pro Tempore City C KEITH LAND CITY HALL, 221 WEST PINE STREET RANDALL A. HAYS P.O. BOX 3006 City Attorney STEPHEN J. MANN DAVID P. WARNER LOD1, CALIFORNIA 95241-1910 (209)333-6704 FAX (209) 333-6816 _ t' L Notice of Claim Resection February 5, 1997 Bill Manley, Jr. 415 W. Pine St. Lodi, CA 95240 RE: Claim against the City of Lodi Date of Loss: 12/1/96 Claim Number: 96-100 Dear Mr. Manley: Notice is hereby given that the claim you presented to the City of Lodi on December 13, 1996, 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, ifer Pe tty Clerk cc: Bill Benson