HomeMy WebLinkAboutAgenda Report - June 16, 2004 H-01AGENDA ITEM K• t a 46
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Denial of Verified Claim(s) against the City of Lodi
MEETING DATE: June 16, 2004
PREPARED BY: Risk Management
RECOMMENDED ACTION: To approve by motion action, denial of the following verified
Claim(s) filed against the City of Lodi.
(A) Lehman Brothers by Helen Duncan, Esq. DOL: 2000-2004
(B) James L. Byard, Ph.D. DOL: November 2003
BACKGROUND INFORMATION: Following review of verified claims filed against the City of Lodi,
it is -recommended the City deny the subject claim(s).
FUNDING: None Required
Attachments
cc: Interim City Attorney
s, Risk Manager
APPROVED:
H. Dixon rlynn, City
CITY COUNCIL
LARRY HANSEN, Mayor
JOHN BECKMAN
Mayor Pro Tempore
KEITH LAND
EMILY HOWARD
SUSAN HITCHCOCK
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
June 17, 2004
Lehman Brothers, Inc. by Helen Duncan
Fulbright & Jaworski LLP
865 S. Figueroa Street, 29`j' Floor
Los Angeles, CA 90017
RE: Claim against the City of Lodi
Claimant: Lehman Brothers, Inc. by Helen Duncan
Date of Loss: 2000-2004
Our Claim Number: 903-04
Dear Claimant:
H. DIXON FLYNN
City Manager
SUSAN J. BLACKSTON
City Clerk
STEPHEN SCHWABAUER
Interim City Attorney
Notice is hereby given that the claim you presented to the City of Lodi on April 16, 2004 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 § 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,
Susan Blackston
City Clerk
cc: Interim City Attorney
Risk Manager
CITY COUNCIL
LARRY HANSEN, Mayor
JOHN BECKMAN
Mayor Pro Temporc
KEITH LAND
EMILY HOWARD
SUSAN HITCHCOCK
James L. Byard, Ph.D.
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 Rciection
June 17, 2004
RE: Claim against the Cit of Lodi
Claimant: James L. Byard, Ph.D.
Date of Loss: November 2003
Our Claim Number: 904-04 '
Dear Claimant:
H. DIXON FLYNN
City Manager
SUSAN J. BLACKSTON
City Clerk
STEPHEN SCHWARAUER
Interim City Attorney
Notice is hereby given that the claim you presented to the City of Lodi on April 16, 2004 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
5945.6. 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 § 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
detern-iined that the action was not brought in good faith and with reasonable cause.
Sincerely,
Susan Blackston
City Clerk
cc: Interim City Attorney
Risk Manager