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HomeMy WebLinkAboutAgenda Report - October 1, 1997 (55)yOF� UCITY OF LODI •UNCIL COMMUNICATION Q<<FO¢ AGENDA TITLE: Denial of Verified Claim(s) Against the City of Lodi MEETING DATE: October 1, 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) Hilscher, Debbie DOL: 08/07/97 B) Sotelo, Shawna DOL: 07/28/97 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. Respectfully submitted, loaf oa a M. Narloch, Human Resources Director cc: City Attomey APPROVED: G� H. Dixon Flynn -- City Manager CITY COUNCIL PHILLIP A. PENNING, Mayor JACK A. SIEGLOCK, Mayor Pro Tempore DAVID P. WARNER STEPHEN J. MANN KEITH LAND Ms. Debbie Hilscher P.O. Box 2223 Lodi, CA 95241 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 October 1, 1997 RE: Claim against the City of Lodi Date of Loss: August 7, 1997 Claim Number: 970813-18-970807-110 Dear Claimant: H, DIXON FLYNN City Manager ALICE M. REIMCHE City Clerk RANDALL A. HAYS City Attorney Notice is hereby given that the claim you presented to the City on Lodi on August 13, 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, Alice M. Reimche City Clerk cc: City Attorney Risk Manager Bill Benson, ICA 4-LTR-RJ.D0C CITY COUNCIL PHILLIP A. PENNINO, Mayor JACK A. SIEGLOCK, Mayor Pro Tempore DAVID P. WARNER STEPHEN J. MANN KEITH LAND Ms. Shawna Sotelo 719 South Washington Street #2 I.:,di, CA 95240 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 Rejection October 1, 1997 RE: Claim against the City of Lodi Date of Loss: July 27, 1997 Claim Number: 970728-12-970728-210 Dear Claimant: H. DIXON FLYNN City Manager ALICE M. REIMCHE City Clerk RANDALL A. HAYS City Attorney Notice is hereby given that the claim you presented to the City on Lodi on July 27, 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, Alice M. Reimche City Clerk cc: City Attorney Risk Manager Bill Benson, ICA 4-LTR-RJ.DOC