HomeMy WebLinkAboutAgenda Report - March 19, 1997 (69)4000UNCIL COMMUNICATION0
AGENDA TITLE: Denial of Verified Claim(s) Against the City of Lodi
MEETING DATE: March 19, 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) Bowen, Virginia
Date of Loss: 01/23/97
B) Huck, Brian
Date of Loss: 01/28/97
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.
Re ect Ily submitted,
Joan M. Narloch, Human Resources Director
cc: City Attorney
APPROVED:
.,,"H. bixon Flynn -- City Manager
CITY COUNCIL
PHILLIP A. PENNING, Mayor CITY OF L O D I
JACK A. SIECLOCK
Mayor Pro Tempore
CITY HALL, 221 WEST PINE STREET
KEITH LAND
P.O. BOX 3006
STEPHEN). MANN
DAVID P. WARNER LODI, CALIFORNIA 95241-1910
(209)333-6704
FAX (209) 333-6816
Notice of Claim Reiection
March 19, 1997
Virginia Bowen
c/o Michael F. Babitzke
6 So. El Dorado St., Suite 305
Stockton, CA 95202
RE: Claim against the City of Lodi
Date of Loss: 1/23/97
Claim Number: 97-04
Dear Mr. Babitzke:
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
SAMSON City Attorney
MAR 2 51997
77 7
MAR 2 4 1997
Notice is hereby given that the claim you presented to the City of Lodi on January 31, 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 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,
2Ji4fer Pe
A��4AA��I
Cerk
cc: Bill Benson
CITY COUNCIL
PHILLIP A. PENNINO, Mayor CITY O F L O D I
JACK A. SIECLOCK
Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET
KEITH LAND P.O. BOX 3006
STEPHEN J. MANN
DAVID P. WARNER LODI, CALIFORNIA 91241-1910
(2 09) 333-6704
FAX (209) 333-6816
Notice of Claim Reiection
March 19, 1997
Brian Huck
2933 Estate Dr.
Stockton, CA 95209
RE: Claim against the City of Lodi
Date of Loss: 1/28/97
Claim Number: 97-05
Dear Mr. Huck:
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
B- BENSON
MAR 2 51997
Notice is hereby given that the claim you presented to the City of Lodi on February 5, 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 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,
"" W -Ie
iter Perri
Clerk
cc: Bill Benson