HomeMy WebLinkAboutAgenda Report - March 16, 2005 J-01AGENDA ITEM S"`
AIM CITY OF LODI
%W COUNCIL COMMUNICATION
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AGENDA TITLE: Denial of Verified Claim(s) againstthe City of Lodi
MEETING DATE:
PREPARED B Y
March 16,2005
Risk Management
RECOMMENDED ACTION: To approve by motion action, denial of the following verified
Claim filed against the City of Lodi.
(A) RobertA. Haro
DOL: August 20,2004
BACKGROUND INFORMATION: Following review of verified claims filed against the City of Lodi,
The City's contract administrator, DB Claims and Human Resources
Staff, recommend the City deny the subject claim(s).
FISCAL I M PACT N/A
FUNDING AVAILABLE: None Required
Attachmer+ts
ca City Attomey
DB Claims
Risk Manager
APPROVED:
Blair King, Ci y Manager
CITY COUNCIL
1014N BECKMAN, Mayor
SUSAN HITCHCOCK
Mayor Pro Tempore
LARRY HANSEN
JOANNE MOUNCE
BOBJOHNSON
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
March 17.2005
John P. Carry, David Allen & Associates
7400 Shoreline Drive., Suite 1
Stockton, CA 95219
RE: Claim aeainst the Citv of Lodi
Claimant: Robert A. Haro
Date of Loss: August 20,2004
Our Claim Number: 96805
Dear Claimant:
BLAIR KING
City Manager
SUSAN L BLACKSTON
City Clerk
STEPHEN SCHWABAUER
City Attorney
Notice is hereby given that the claim you presented to the City of Lodi on February 14,2005 was rejected
as of the date of this letter.
Notice
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
§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 § 128.7 and § 103 8 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.
7Sincerely,
Susan Blackston
City Clerk
cc: City Attorney
DB Claims
Risk Management
City Clerk