HomeMy WebLinkAbout10 CLAIM MARQUEZ 00-40 02-05-01'AGENDA RE RT '
/ 8'0
NO. 10
02-05-01
MEETING DATE'
TO'
FROM'
SUBJECT:
FEBRUARY 5, 2001
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
CLAIM OF NElL A. MARQUEZ; CLAIM NO. 00-40
SUMMARY:
The City Attorney is recommending that the City Council reject Claim No. 00-40, Neil A.
Marquez.
RECOMMENDATION'
After review and investigation by the City's Claims Administrators and by this office, it is
recommended that the City Council reject the claim and direct the City Clerk to send
notice thereof to the claimant and the claimant's attorneys.
FISCAL IMPACT:
There is no fiscal impact with this action.
BACKGROUND:
The claimant alleges that construction activity damaged his vehicle. He states that he
was northbound on Tustin Ranch Road between Auto Center Drive and El Camino
Real, when he ran over trenches cut in the roadway. According to the claimant, the
impact caused his car to shake so hard that it cracked the windshield and the front end
was knocked out of alignment. Total damages are estimated at $565.60. An Irvine
Ranch Water District contractor was working on a project on Tustin Ranch Road at the
accident scene on the date alleged. The City did not create the dangerous condition.
Any condition which existed was created by IRWD's contractor. In addition, the City did
not have notice of any adverse condition of the roadway. Under all these
circumstances, it is our opinion that the City is not liable for these damages. The
claimant has been advised to tender this claim to the Irvine Ranch Water District.
ATTACHMENTS'
Claim
31786\1
....... ~ CITY OF TUSTIN .......... '"
'C. .¢i AGAINST THE CITY O. ... .;TIN
(For Damages to Persons or Personal Property)
The law provides generally that a claim must be filed with the City Clerk of the City of Tustin within six (6)
months after th, e incident or event occurred. Be sure your claim is against the City of Tustin, not another
public entity. Where space is insufficient, please use additional paper and .identify information by
paragraph number. Completed claims must be mailed or delivered to.the City Clerk, City of Tustin, 300
· Centennial Way, Tustin, California 92780:
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK
To the Honorable Mayor and City Council, City of Tustin, California'
·
The undersigned respectfully submits the following claim and information relative to damage to person
and/or property: " .
a.
.
Name of Claimant: ~.¢_,'/' ~, /¢]A4'.~',~,,¢----'L- '
Address of Claimant:_ '~-~- ¢
CKY/ZipCode: ~ ~ ~ ......
Telephone Number: ~ ~
' DateofBi~h' ?'-~/' - -
...........
Social Security Number: ~/~-~
~.~¢[~ ..' ...................
·
·
,
·
~ame, telephone, and post office address to v~hich claimant desires notices to :be sent (if'othor than
above): .............................
..
.
This ~ is submitted against: . '
a. ;" The City.of Tu.stin onl~.
b. _. __ The following employee(s) of the City of Tustin only:
C.
Yhe.dity of Tuttin ~'ncl 'the folloWing ~ml:Jloye~'(s) of t~ ci~ of TL~sti.n °nlY:
4~
Occurrence or event from which the claim arises:
b.
O.
d. ·
Date: ~ ../I '" v -D..¢ .......................
Time: ~,_~ o ?/~..~..
Place (Exaci'and SpecifiC: LoCation):
~r,t~ ,,,,~... ~t .4;¢ ¢'f g,,,.,.,'.~
How and under what cirCumstances did dam~ge Or injury occur~ 'SpeCify the particular
occurrence, event, act or omission you claim caused the injury or damage (use additional
Se
e
.
e~
Give a description of the injury, property damage or loss so far known at the time of this claim.
'- .~.h~: ~
there were~no injuries, state "no injuries".¢kle ~n m~]¢~' v 2 ~' ,~ to~ [,,.vt t~._... ~t~
¢
Give the name~s) oflthe City employe~e(s) causing the damage or injury:
? r_: '
Name and address of any other pers.on injured'
·
:
Name and address of the owner of any damaged property: /~,'f/
--
Damages Claimed'
a. Amount claimed as of this date: ....... ...
b. Estimated amount of future costs'; ....... .
c. · Total amount claimed' . ....
d'i Attach basis for computation of amounts claimed (include copies of all bills,
estimates, etc.)
invs'i'ces,
Names and ad, d_resses of all witnesses, hospitals, doctors, etc, ~... . ·
WARNING' IT iS A CRIMINAL OFFENSE TO FILE A FALS-E C~LAIM.
(Penal Code Section 72; Insurance Code Section 556.0) '
,
! have read the matters and statements made'in the above claim, and I know the same to be true of my
own knowledge, except as to those maEers stated to be upon information or belief and as to such matters
believe the same to be true, I certify under penalty of perjury, that the foregoing, is true and correct..
Claimant's Signatu re' ~ ~_.~.
Executed this 2.0 day o . ~ ' ,, ------' '
,2O
Date filed this day of .......
2:CLAIM (1100) ' .
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