HomeMy WebLinkAboutAgenda Report - September 17, 2003 H-01aa F.
COUNCIL COMMUNICATION
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AGENDA TITLE-. Denial of Petition to File Late Tort Claire Against the City of Lodi
MEETING DATE- September 17, 2003
SU I` T Y: Human Resources Director
RECOMMENDED ACTION: To approve by motion action, denial of the following petition. to file
a late toil claim against the City of Lodi:
A) Peggy Ann Marquart, DOL: 9/04/02
Doig R. K.ouns,
The Estate of Leta Neveu, and
The Estate of Elise Neveu
BACKGP,OUND INFORMATION: Following review of the petition to file a late tort claim., the
City Attorney's Office, Human Resources sniff and the
City's contract claims administrator, recommend tide City
deny the petition. Denial of the tort claim per se should not
tape place. A tort claim does not actually exist if a petition
to file it late is denied.
FUNDING® Note required,
ce: City Attorney
APPROVED:
Respectfully submitted,
Evans, Risk Manager
H-. Dixon Flynn -- City Manager
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PEGGY ANN MARQUART, DON R. KOUNS,
the ESTATE OF LEO NEVEU and ELISE
NEVEU
Claimant(s),
VS.
I CITY OF LODI
Public Entity
NOTICE OF ACTION ON APPLICATION
FOR LATE CLAIM RELIEF (GOVT CODE
§911.4)
TO: Peggy Ann Marquart, Don R. Kouns and their attorney:
NOTICE IS HEREBY GIVEN that your application, which you presented on September 3,
2003, for leave to present a claim after expiration of the time allowed by law for doing so was denied
on September 17th, 2003.
If you wish to file a court action in this matter, you must first petition the appropriate court
for an order relieving you from the provisions of Government Code §945.4 (the claims -presentation
requirement). See Government Code §946.6. Your petition must be filed with the court within 6
months after the date, set forth above, on which your application for leave to present a late claim was
denied.
You may seek the advice of an attorney of your choice in connection with this matter. If you
wish to consult an attorney, you should do so immediately.
CITY OF LODI, a municipal corporation
DATED: s-4et� 1� ,��3 By:
SUSAN BLAC TON
City Clerk
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NOTICE OF ACTION ON APPLICATION
FOR LATE CLAIM RELIEF
C:\Documents and Settings\pochoa\Local Settings\Temporary Internet Fi1es\0LK4\LateC1aim.doc
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DECLARATION OF SERVICE BY MAIL
(CCP 1013a, 2015.5)
I am a citizen of the United States, over the age of 18 years, and not a party to or interested
this action. I am an employee of the City of Lodi and my business address is 221 West Pine Street,
Lodi, California 95241-1910. On this date, I served the following document:
NOTICE OF ACTION ON APPLICATION FOR LATE CLAIM RELIEF {GOVT
CODE 4911.4� .... _ .,. ,. , ,
® by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully
prepaid, in the United States Post Office mail at Lodi, California, addressed as set forth below.
❑ by personally delivering, or causing to be delivered a true copy thereof to the person and the
address set forth below.
❑ by causing a true copy thereof to be delivered to the party or parties at then address(es) listed
below, by and\or through the services of:
❑ Federal Express
❑ Express Mail
❑ FAX ( Followed by First Class Mail }
Gregory A. Silva, Esq.
Law Offices of Stonehouse and Silva
512 Westiine Drive, Suite 300
Alameda, CA 94501
I declare under penalty of perjury that the foregoing is true and correct and this declaration
was executed at Lodi, California on
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NOTICE OF ACTION ON APPLICATION
'FOR LATE CLAIM RELIEF
Peggy Nicolini
IIC:\Documents and Settings\pochoa\Local Settings\Temporary Internet Fi1es\0LK4\LateC1aim.doc
F LODI
21 W. PINE ST.
OX 3006
INIA 95241-1910
RECEIVED
DB Claims
8700 Grizzly Flat Road SEP 2 6 2003
Somerset, CA 95684
Attn: Jerry Mahaffey City Lpa
City i
'5F --7Z='4 F :~ J-5
5 JLFfY. 1.,, 101140111111, 11 I, I I I I Is, 1 /1111111 Ili$111111111101.11111111 Flo lll�l11ll7tf!
i Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
R Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
a �J�s he Yel ,t� C 3av
mawillp,► �A 9 4 -SD t
A. SignatureLLL
X Agent
A ❑ Addressee
B. Received by (Prfnted Name) Cl Date of Delivery
fbt,G r —i --
D. Is delivery address different from item 1? ❑ Yes
if YES, enter delivery address below: ❑ No
3. Servtce Type 4X ICE&k.- MP.rp7"'
16 Certified Mail ❑ Exxpress Mail U
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 0700.5 1 tw O 0= 1.5 +75 7p/5
{Transfer from service label)
PS Form 3811, August 2001 Domestic Return Receipt
ZACPRI-W-P-4081