HomeMy WebLinkAboutAgenda Report - April 6, 2005 J-01AGENDA ITEM 340 1
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CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Denial cf Verified Claim(s) against the City of Lodi
MEETING DATE: April 6,2005
PREPARED BY: Risk Management
RECOMMENDEDACTION: To approve by motion action, denial of the following verified
Claim filed against the City of Lodi.
(A) Augustine Dias
DOL: August 28,2004
BACKGROUND INFORMATION: Following review of verified claimsfiled againstthe City of Lodi,
The City's contract administrator, DB Claims and Human Resources
Staff, recommendthe City deny the subject claim(s).
FISCAL IMPACT:
FUNDING AVAILABLE:
Attachments
CC City Aftn 07
DB Claims
NIA
None Required
t-0
3, Risk Manager
APPROVED: ---)
Blair Ki*', Qty Manager
CITY COUNCIL
JOHN BECKMAN, Mayor
SUSAN HITCHCOCK
Mayor Pro Tempore
LARRY HANSEN
JOANNE MOUNCE
BOB JOHNSON
Bob Christison
c/o David Allen & Associates
7400 Shoreline Drive, Suite 1
Stockton, CA 95219
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
April 7,2005
RE: Claim against the City of Lodi
Claimant: Augustine Dias
Date of Loss: August 28,2004
Our Claim Number: 97105
Dear Claimant:
BLAIR KING
City Manager
SUSAN J.BLACKSTON
City Clerk
STEPHEN SCHWABAUER
City Attorney
Notice is hereby given that the claim you presented to the City of Lodi on March 2,2005 was rejected as
of the date of this letter,
Notice
Subject to certain exemptions, you have only six (6) months faun the dabs that this notice vis 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 9br't 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 § 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.
City Clerk
cc: City Attorney
DB Claim
Risk Management
City Clerk