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HomeMy WebLinkAboutAgenda Report - March 5, 1997 (66)4 i 4 f 4 CITY OF L0DI COUNCIL COMMITNICATION � Y r AGENDA TITLE: Denial of Verified Claim(s) Against the City of Lodi MEETING DATE: March 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) Fullmer, Queena and Travis Date of Loss: 06/14/96 B) Mindt, Steven A. Date of Loss: 01/13/97 C) White, Frank V. Date of Loss: 08/10/96 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, sti Joaine M. Narloch, Human Resources Director cc: City Attorney / /%J APPROVED: G7 �G. /AS Y �4/ / H. Dixon Flynn -- City Manager r CITY COUNCIL PHILLIP A. PENNINO, Mayor JACK A. SIEGLOCK Mayor Pro Tempore KEITH LAND STEPHEN J. MANN DAVID P. WARNER 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 Rejection March 5, 1997 Queena and Travis Fullmer c/o Jeffrey A. Silva, Esq. 3031 W. March Lane, Suite 334 East Stockton, CA 95219 RE: Claim against the City of Lodi Date of Loss: 6/14/96 Claim Number: 96-97 Dear Mr. Silva: H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney RECEIVED - MAK 1 0 1997 Notice is hereby given that the claim you presented to the City of Lodi on December 12, 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. cc: Bill Benson Sincerely, ifer P City Clerk CITY COUNCIL PHILLIP A. PENNINO, Mayor JACK A. SIEGLOCK Mayor Pro Tempore KEITH LAND STEPHEN J. MANN DAVID P. WARNER CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1 91 0 (209) 333-6704 FAX (209) 333-6816 Notice of Claim Reiection March 5, 1997 Steven A. Mindt 606 Carlo Way Lodi, CA 95240 RE: Claim against the City of Lodi Date of Loss: 1/13/97 Claim Number: 97-03 Dear Mr. Mindt: H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RECEIVED - i-1RANDALL A. HAYS City Attorney MAR 1 0 1997 Notice is hereby given that the claim you presented to the City of Lodi on January 30, 1997, 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 Califomia 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. cc: Bill Benson Sincerely, 'fer P ity Clerk CITY COUNCIL PHILLIP A. PENNINO, Mayor JACK A. SIEGLOCK Mayor Pro Tempore KEITH LAND STEPHEN J. MANN DAVID P. WARNER CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95 241-1 91 0 (209) 333-6704 FAX (209) 333-6816 Notice of Claim Rejection March 5, 1997 Frank V. White 324 ;; Eden St. Lodi, CA 95240 RE: Claim against the City of Lodi Date of Loss: 8/10/96 Claim Number: 97-02 Dear Mr. White: H. DIXON FLYNN City Manager JENNIFER M. PERRIN , City Clerk C.t', r� _ i RANDALL .HAYS 1 0 is97 City Attorney Notice is hereby given that the claim you presented to the City of Lodi on January 24, 1997, 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 Califomia 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, 4.)(1-11•LaA. fifer Pe Ity Clerk cc: Bill Benson