HomeMy WebLinkAboutAgenda Report - May 7, 1997 (79)AGENDA TITLE: Denial of Verified Claim(s) Against the City of Lodi
MEETING DATE: MA lq� i
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) Talaro, Trinidad and Catalina
B) Gerties Place
C) French, Linda/Crank, Brian
TA D) Campa, Richard
E) Moore, David
DOL: 05/25/96
DOL: 02/11/97
DOL: 08/26/96
DOL: 03/01/97
DOL: 03/03/97
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.
cc: City Attorney
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APPROVED:
H. Dixon Flynn -- City Ma ager
CITY COUNC'L
PHILLIP A. P=.NNINO. Mayor
JACK A. SIEGLOCK
Mayor Pro Tempore
KEITH LAND
STEPHEN J. MANN
DAVID P. WARNER
March 03, 1997
CITY OF LODI.
CITY HALL. 221 WEST PINE STREET
P.Q. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702
FAX (209) 333-6307
Ted Laguatan, Esq.
595 Market Street
Suite 2840
San Francisco, California 94106
Re:
Claim for Damages of Trinidad and Catalina Talaro and Siblings
DOL: 05-27-96
City of Lodi Claim No: 97-07
Dear Mr. Laguatan:
H_ DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
NOTICE IS HEREBY GIVEN that the claim which you presented to the governing body
of the City of Lodi is being returned because it was not presented within six (6) months
after the event or occurrence, as required by law. [ See Government Code §§ 901 and
911.2 J. Because the claim was not presented within the time allowed, no action was taken
on the claim.
Your only recourse at this time is to apply without delay to the governing body of the City
of Lodi for leave to present a late claim. [ See Government Code §§ 911.4 to 912.2
inclusive, and § 946.6 J. Under some circumstances leave to present a late claim will be
granted. [ See Government Code § 911.6 J.
Sincerely. `4
•
Marion Robbins
Risk Manager
cc: City Attorney
Bill Benson, ICA
CITY COUNCIL
PHILLIP A. PENNINO, Mayor
JACK A. SIEGLOCK,
Mayor Pro Tempore
DAVID P. WARNER
STEPHEN J. MANN
KEITH LAND
CITY OF LODI
CITY HALL
221 WEST PINE STREET, P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
HUMAN RESOURCES: (209) 333-6704
FAX (209) 333-6816
Notice of Claim Reiection
May 7, 1997
Genies Place
105 W. Pine St.
Lodi, CA 95240
RE: Claim against the City of Lodi
Date of Loss: 02/11/97
Claim Number: 97-13
Dear Claimant:
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
B. BENSON
L.
121997
Notice is hereby given that the claim you presented to the City on Lodi on March 04, 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,
cc: City Attorney
Bill Benson, ICA -
nifer Pb`rrin
y Cler
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