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HomeMy WebLinkAboutAgenda Report - August 4, 2004 H-01AGENDAITEM 1404 4 b CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Denial of Verified Claim(s) against the City of Lodi MEETING DATE: PREPARED BY: August 4, 2004 Risk Management RECOMMENDED ACTION: To approve by motion action, denial of the following verified Claim filed against the City of Lodi. (A) Expon6nt, Inc. DOL-- July 03 -February 04 (13) G.R.A.P.E. Video Recording Company DOL: January 2004 BACKGROUND INFORMATION: Following review of verified claims filed against the City of Lodi, it is recommend the City deny the subject claim(s). FUNDING: None Required Attachments cc: City Attomey ns, Risk Manager APPROVED: -' H.—Di-x-Fn Flynn, Citq Manager 1% CITY COUNCIL LARRY HANSEN, Mayor JOHN BECKMAN Mayor Pro Teniporc KEITH LAND EMILY HOWARD SUSAN HITCHCOCK Exponent, Inc. c/o James J. Ficenec I I I I Civic Drive, Suite 300 Walnut Creek, CA 94598 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 August 5, 2004 RE: Claimagainst the Ci!y of Lodi Claimant: Exponent, Inc. Date of Loss: July 2003 -February 2004 Our Claim Number: 907-04 Dear Claimant: F-� - H. DIXON -FLYNN City Manager SUSANJ.BLACKSTOV City Clerk STEPHEN SCHWABAkJF_R Interim City Attorney Notice is hereby given that the claim you presented to the City of Lodi on June 23, 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 attomey 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 riot brought in good faith and with reasonable cause. cc: Interim City Attorney DB Claims Sincerely, Susan Blackston City Clerk CITY COUNCIL CITY OF LODI LARRY HANSEN, Mayor JOHN BECKMAN CITY HALL Mayor Pro Tempore 221 WEST PINE STREFT, P.O. BOX 3096 KEITH LAND LODI, CALIFORNIA 95241-1910 EMILY HOWARD HUMAN RESOURCES: (209) 333-6704 SUSAN HITCHCOCK PAX (209) 333-6816 Notice of Claim Rejecti August 5, 2004 G,R.A.P.E. Video Recording Company 89 W. Neal Street Pleasanton, CA 94566 RE: Claim agginst the Cily of Lodi Claimant: G.R.A.P.E. Video Recording Company Date of Loss: January, 2004 Our Claim Number: 908-04 Dear Claimant: H. DIXON FLYNN City Manager SUSANI.BLACKSTON City Clerk STEPHEN SCHWABAUER Interim City Attorney Notice is hereby given that the claim you presented to the City of Lodi on July 6, 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 attomey 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 & 129.7 and � 1019 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, City Clerk cc: Interim City Attorney DB Claims