HomeMy WebLinkAbout08 CLAIM 07-38, EDMUNDO DIAZ, JR. 02-05-08AGENDA REPORT
MEETING DATE: February 5, 2008
TO: William A. Huston, City Manager
FROM: Ronald A. Nault, Finance Director
SUBJECT: CONSIDERATION OF CLAIM OF EDMUNDO DIAZ, JR., CLAIM NO. 07-38
SUMMARY:
It was reported by the Claimant that a rotten City tree fell on top of his car. The resulting
damage included a broken windshield, dents on the hood, driver and passenger doors, and
gouges and scratches to the vehicle, with an estimated repair cost of $3,000 to $4,000.
RECOMMENDATION:
That the City Council deny Claim Number 07-38, Edmundo Diaz, Jr., and direct Staff to send
notice thereof to the Claimant.
FISCAL IMPACT:
None.
DISCUSSION:
The City's investigation has found that the tree involved in the above incident had been
inspected on a regular basis and was healthy. It was trimmed in December 2005 and the
three trimming dates prior to that were in 2004, 2002 and 1999. The Claimant and the City's
Claims Administrator have both stated that there was a windstorm in the area at the time the
damage occurred to the City tree and the Claimant's vehicle. Based on the absence of
liability against the City of Tustin, Staff is recommending denial of this claim.
ATTACHMENT: Copy of Claim No. 07-38
ConsiderationOfClaimOfEdmundoDiazJr. doc
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages to Person or Personal Property)
Received Via: CITY OF TUSTIN Time Stamp:
^ U.S. Mail
^ Inter-Office Mail
^ over the Counter 2007 NOV 2 I P 12: 2 9 Claim No: 07-38
PLEASE NOTE:
A. Read entire claim before filing.
B. Be sure your claim is against the Citv of Tustin, not another public entity.
C. Claims for death, injury to person or to personal property must. be filed no later than 6 months after the occurrence
(Government Code § 911.2).
D. Claims for damages to real property must be filed no later than one year after the occurrence (Govemment Code § 911.2).
E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered.
F. A claim must be presented, as prescribed by the Govemment Code of the State of Califomia, by the claimant or a person
acting on his/her behalf and shall provide the information shown below and must be signed by the claimant or a person on
his behalf (Govemment Code § 910.2).
G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private
attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims.
H. Completed claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin,
California 92780.
Name and Post Office address of the Claimant:
Name of Claimant: Edmundo Diaz Jr.
Home Address:
Home Telephone: Cell Telephone:
Post Office address to which the person presenting the claim desires notices to be sent:
(If different from above)
Name of Addressee: Telephone:
Post Office Address:
3. The date, place and other circumstances of the occurrence or transaction from which the claim arises.
Date of Occurrence:10/21/08
Location:
Time of Occurrence: 2200/1000
Circumstances giving rise fo this claim:
4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know.
Page 1 of 4
5. The name or names of the public employee or employees causing the injury, damage, or loss, if known.
6. If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand
dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury
damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation
the amount claimed (include copies of all bills, invoices, estimates, etc.)
Amount Claimed and basis for computation: Estimate between $3,000 to $4,000
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not
provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP
86.)
^ Limited Civil Case ^ Unlimited Civil Case
You are required to provide the information requested above in order to comply with Government C
§910. Additionally, in order to conduct a timely investigation and possible resolution of your claim,
Citv of Tustin requests that you answer the following questions.
7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim
arises.
8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephor
number of any doctors or hospitals providing treatment:
If applicable, please attach any medical bills or reports or similar documents supporting your claim.
9. If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: Telephone:
Address:
Insurance Policy No.:
Insurance Broker/Agent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle Make/Year:
Claimant's Drivers Lic. No.: Expiration:
If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
Page 2 of 4
READ CAREFULLY
For all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
accident by "X" and by showing house numbers or distances to
street comers. If City/Agency Vehicle was involved, designate by
letter "A" location of City/Agency Vehicle when you first saw it,
and by "B" location of yourself or your vehicle when you first saw
City/Agency Vehicle; location of City/Agency vehicle at time of
accident by "A-1" and location of yourself or your vehicle at the
time of the accident by "B-1"and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a
proper diagram signed by claimant.
SIDEWALK
CURB
CURB
PARKWAY
SIDEWALK
Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek
to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good
faith and with reasonable cause.
Signature:
Date: 11/2 /07
Page 3 of 4
IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION.
SIGN BOTH FORMS.
APPLICATION FOR LEAVE TO PRESENT A
LATE CLAIM TO THE CITY OF TUSTIN
The undersigned hereby applies for leave to present a late claim to the Ciry of Tustin. This application is being mad
within a reasonable time, not exceeding one (1) year, after the accrual of the cause of action. Under some circumstance:
leave to present a late claim will be granted (Government Code § 911.6). The reason for delay in presenting the claim is:
Date
Signature of Claimant
Revised 12/2004
Page 4 of 4
* 2 A ^ ACTNE s cR1
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^ SUSPECT INFO
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NO PROSECUTION DESIRED ~$;~E TUSTIN POLICE DEPARTMENT S^ SUSPENDED
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RECORDS 07 -
^ COURTESY REPORT TUSTIN, CA 92780 K^ COURTESY
^ DOMESTIC VIOLENCE
^ BIAS MOTIVATED '~~ CRIME/INCIDENT REPORT 3 ^FEL. S REFER OTHER REPORTS
O GANG RELATED TPD M100 (REV 4/06) ^ MISD.
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6 CODE SECTION 7 C
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19 OCCURRED 11 DATE 16 DAY 18 TIME
12 SPECIFIC LOCATION Of CRIME DN ORBETYVB3i ~ D- 20
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8 DATE RPTD 19 THE RPT• 20 AND 21 DATE 22 DAY 29 TIAAE
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25 OCCUPATION 26 D.09. 27 SEX ZO RACE O 1 YVLR p 2 MISP ^ 3 BLIP
@I NAME (LAST, FRST, MIDDLE) 0 1 M p 1 MD p 8 CIM p 8 JAPN ^ 7 RL
^ 1 F p B P.EA, p 9 VET ^ TO OTN
30 CITY STATE ZIP CODE 31 RES. PHONE 32 Ili:
29 RESIDENCE ADDRESS ( )
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33 BUSINESS ADDRESS ~ CRY STATE ZIP CODE 38 BUS. PHONE 38 V/1:
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37 E-MAIL
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` 81 RESIDENCE ADDRESS 82 CITY STATE ZIP CODE 83 RES. PHONE ~
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66 CITY STATE ZIP CODE 87 BUS. PHONE BS V/1`.
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78 CRY STATE ZIP CODE 79 RES. PHONE Jf0 IRt
77 RESIDENCE ADDRESS I
~ 82 CRY STATE ZIP CODE S3 BUS. PHONE M YY1:
81 BUSINESS ADDRESS
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~ 88 CELL PHONE
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98 D 1 THERE IS A WITNESS TO THE CRIME ~
p 2 A SUSPECT WAS ARRESTED 97 ^ 1 FINGERPRINTS V
~ ^ 2 TOOLS LLZ ~ 1. ORDER SERVED AT SCENE BY
PN
8 ^ 3 A SUSPECT WAS NAMED
^ 4 A SUSPECT CAN BE LOCATED ^ 3 TOOL MARKINGS J
^ 4 GLASS O
^ 5 PAINT S
2. ENTRY MADE BY: P!
3. NAME OF PERSON SERVED.
D 5 A SUSPECT CAN BE DESCRIBED
SPECT CAN BE IDENTIFIED D 6 BULLET CASING ~
^ T BULLET
^ 6 A SU
^ 7 A SUSPECT VEHICLE CAN BE IDENTIFIED lY
V D 8 RAPE KIT ~ 4. RESPONDENT SIGNATURE
O ^ B THERE IS IDENTIFIABLE STOLEN PROPERTY W ^ 9 SEMEN 8
V ^ 8 THERE IS A SIGNIFlCANT M.O. C O ~~ URINED
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13 FIREARMS
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^ 12 THERE IS A GOOD POSSIBILITY OF A SOLUTION 14 PHOTOGRAPHS ~ FI IA rt' c ~ i•Lt•36 a~TetM=r ~e+soT ~~tr-
~ D 13 FURTHER INVESTIGATION NEEDED ^ 15 OTHER (DESCRIBE) ~ ggryO~~rrPr~t~~~,~~„ri~n gyy ~..
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^ 16 REPRODUCTNE HEALTH CRIME K . e`'=~
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I l OI SUPERVISOR AT SCenc 1~^^. ~w,.c . ,...--.
PREMISES
BUSINESS L=
^ 1 BANK/SAV LOAN
FINANCE/CREDR UN
^ 2 BAR
^ 3 CLEANERS/LAUNDRY
p 4 CONSTRUCTION SITE
p 5 THEATER
O 6 FAST FOODS
^ 7 GAS STATION
^ 8 MOTEVMOTEL
^ 9 DEpTJDISCOUNT STORE
^ 10 GUN/SPORT GOODS
p 11 JEWELRY STORE
^ 12 LIOUOR STORE
^ 13 PHOTO STAND
^ 14 CONVENIENCE STORE
^ 15 RESTAURANT
p 16 SUPERMARKET
^ 17 7V/RADIO
^ 18 AUTO PARTS
^ 19 BICYCLE SALES '
^ 20 CAR/MOTORCYCLE SALES
^ 21 CLOTHING STORE
^ 22 HARDWARE
^ 23 MEDICAL ~ ~. ~ '
p 24 OFFICE BUILDING
^ 25 SHOE STORE
^ 26 WAREHOUSE
p' 27 OTHER~~-
^ 2S APARTMENT L.`
^ 29 CONDOMINIUM
^ 30 DUPLEX/FOURPLEX
D 91 GARAGE ATTACHED
^ 92 GARAGE DETACHED/
^ 93 HOUSE
^ 94 MOBILE HOME
^ 35 OTHER
^ 36 CHURCH L`
^ 37 HOSPRAI
^ 3S ppRK/pLAYGROUNO
^ 39 PARKING LOT
^ 40 PUBLIC BUILDING
p 41 SCHOOL
^ 42 SHOPPING MALL
43 STREETMWY/ALLEY
44 OTHERS--
^ 45 CAMPER 1=
^ 46 MOTOR HOME
^ 47 PASSENGER CAR
^ 48 PICK-UP
^ 49 TRAILER
50 TRUCK
61 VAN
^ 62 OTHER.~.~~--
7 I POINT OF ENTRY
^ 1 FRONT
^ 2 REAR
^ 9 SIDE
^ 4 DOOR
^ b WINDOW
p 6 SLIDING GLASS DOOR
^ 7 BASEMENT
p B ROOF
^ 9 FLOOR
^ 10 WALL
^ 11 DUCT/VENT
^ 12 GARAGE
^ 13 ADJ. BUIU)ING
^ 14 GROUND LEVEL
^ 1 b UPPER LEVEL
^ 16 UNKNOWN
^ 17 OTH~
p 1 NO FORCE USED
^ 2 WINDOW SMASHED
^ 3 ATTEMPT ONLY
^ 4 BODILY FORCE
^ b BOLT CUT /PLIERS
^ 6 CHANNEL LOCK/PIPE
WRENCHMCE GRIPS '
^ 7 SAW/DRILUBURN
^ BSCREWDRNER
p 9 TIRE IRON
^ 10 LINK PRY BAR
D 11 COAT WINGER WIRE
^ 12 KEY SUP SHIM
^ 13 PUNCH
^ 14 REMOVE LOUVERS
^ 75 BRICK/ROCIC
^ 16 HID IN BUILDING
^ 17 WALKED IN
^ 18 UNKNOWN
^ 19 OTI'IER
^ 1 pOOR/LOCK FORCED
^ 2 TRUNK FORCED
^ 9 WINDOW BROKEN
^ 4 WINDOW FORCED
p 6 WINDOW OPEN
^ 6 UNLOCKED
^ 7 UNKNOWN
^ 9 OTHER_
PHYSICAL CONDITION
^ 1 UNDER INFL ALCOHOV C
DRUGB
D 2 SK;KANJURED
p 3 SENIOR CITIZEN
p 4 BOND
^ b HANDICAPPED
D b DEAF '
^ 7 MUTE
^ 3 MENTALLY/EMOTIONALLY
IMPAIRED
D 8 OTHER
L o~ - ~ goo I 2
8 PROPERTY/ATTACKED 11 TRADEMARKS
^ 1 CASH NOTES
D 2 CLOTHES/FUR
^ 3 CONSUMABLE GOODS
D 4 FIREARMS
^ 5 HOUSEHOU) GOODS
^ 6 JEWEUiY METALS
D 7 LIVESTOCK
^ S OFFICE EOUIPM
^ 9 N/RADIO/CAMERA
^ 10 MISCELLANEOUS
^ 11 UNKNOWN
^ 12 OTHER
^ 1 SUSPECT CLIMAXED ) Q~
^ 2 UNKNOWN IF CLIMAXED
^ 3 VICTIM BOUND/TIED
^ 4 VICTIM INJURED
^ b COVERED VICTIM FACE
^ 6 PHOTOGRAPHED VICTIM
p 7 VIC ORALLY COPULATED SUSP
^ 8 SUSP ORALLY COPULATED VIC
^ 9 RAPE BY INSTRUMENT (FOREIGN
OBJECTS)
^ 10 SODOMY
^ 11SUGGESTED VIC MMR LEWD
PERVERTED A
^ 121NSERTED FINGER INTO VAGINA
^ 13 FORCED VIC TO FONDLE SUSP
p 14 SUSP FONDLED VICTIM
^ 15 MASTURBATED SELF
^ 16 OTHER ~
IS MEMBER OF NEIGH WATCHT L.
01 O YES 02 ^ NO
IS MEMBER OF OPERATION IDENTT
09 ^ YE8 04 ^ NO
INTERESTED IN NEIGH WAT
Ob ^ YES NO
HAD HOME BUSIN INSPECTIONT
07 ^ YE8 08 ^ NO
VJHENT
17 RELATK)NSHIP TO SUSPECT
13 ^ 1HUSBAND
^ 2 WIFE
D 9 MOTHER
^ 4 FATHER
^ 5 DAUGHTER
D b SON
^ 7 BROTHER
^ e sISTER
SUSPECT(S) ACT10N8 11
^ 1 DEMANDED MONEY O~0
^ 21NFLICTED INJURIES
^ 3 SELECTNE IN LOOT '
D 4 STRUCK VICTIM
^ 5 ALARM DISABLED
D 6 ARSON
^ 7 ATE/DRANK ON PREMOaES
^ 8 BLINDFOLDED VICTIM
BOUND/GAGGED
^ 9 CAT BURGLAR
^ 10 DEFECATEDNRINATEO
D 11 DISROBED VICTIM FULLY
^ 12 DISROBED VICTIM PARTULLIY
^ 13 flRED WEAPON
D 14 FORCED VK; TO M
^ 16 FORCED VIC INT KxE
D 16 HAD BEEN D KING
Q 171NDICATKNI MULTI SUSPECTB•
^ 1S KNEW LOC. OF HIDDEN REMS
^ 19 MADE THREKTS .
D 20 PLAC®PROPBiTY N S~G~POCIO:T
^ 21 PREPARED EXR
^ 22 RANSACKED
^ 23 RIPPED/CUT CLOTHING
D 24 SHUT OFF POWER
^ 2b SMOKED ON PREM03E8
^ 26 SEARCHED VICTIM
^ 27 SUSPECT ARMED
^ 28 THREATENED RETALIATKIN
^ 29 TOOK ONLY CONSUMABLES
D 30 TOOK VK:T1M/8 VEHICLE
D 91 TORTURED
^ 9Z UNDER INFLUENCE DRUOIB
^. 33 USED DEMAND NOTE
D 30 USED LOOKOUT
^ 95 USED DENER
^ 38 USED MATCH/CANOLE
D 37 USED VICTIM'S NAME
D se USED vIC77M'B
SURCASE/PILLOWCASE
^ 99 USED VICTIM'S TOOLS
^ 40 VEH NEEDED TO REMOVE
PROPERTY
^ 41 CUT/DISCONNECTED PHONE
^ 42 CASED LOCATION BEFORE CRRE
^ 43 FOLLOWED/STALKED VICTIM
D 44 OTHER
D 9 OTHER FAMILY 01
^ 10 ACQUAINTANCE
^ 11 FRIEND
^ 1280YFRIEND ~r~~CIAL
^ 1s GIRLFRIE~T ~t0 ~~ ~UPLI
^ 14 NEIC~IB6111HNISFi~j3 t0 ~;Iy
^ 15 BUS:/,t 3S D
^ 16 STRIt• the express ~>
^ 17 UNKNOWN ~vi~ce ^ve~a; Tr"
*etutraec] t0 the ~;eN~r
itaancl.
SUSP.PRET.TO BE
Ot
^ 1 CONDUCTING SURVEY
^ 2 CUSTJCUENT
D 3 DELNERY PERSON
^ 4 DISABLED MOTORIST
^ 5 DRUNK
O 6 EMPLOYEE/EMPLOYER
^ 7 FRIEND/RELATNE
^ 8 9.L/INJURED
^ 8 NEED PHONE
^ 10 POUCEMW
^ 11 RENTER
^ 12 REPAIR
^ 19 SALE OF IWCR GOOD8
^ 14 SALES PERSON
^ 1 b SEEK ASSISTANCE
^ 16 SEEK DIRECT10N8
^ 17 SEEKING SOMEONE
^ 18 SOUCR FUNOB
^ 79
^ 1 AUDIBLE ALARM
^ 2 SILENT ALARM
^ 3 PRNA7E SECURITY PATROL
^ 4D00
^ S STANDARD LOCKS
^ 6 AUXILIARY LOCKS
(DEADBOLT, WINDOWS. ETC)
O 7 WINDOW BARS/GRILLB
^ S OUTSIDE UGHTI
^ 9 INSIDE UG ON
^ 10 DOOR LOCKED
^ t1 URED INTERIOR VIEW
(COMM ERCU4 V BUSI NE13~
^ 12 SECURITY SIGNN4G
(N.W. ALARM ETCa
^ 13 UNKNOWN
^ 14 OTHER
1S MARRAL STATUE
4 ^, SINGLE
D~2 MARRIED
p 3 DNORCW
~~
C
~]~i71NRd0VNbe
~I ~"d~HE~O t>g
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Information Report
Tustin Police Department
CR 07-7600
Narrative: On 10-21-07, I was dispatched to 1531 Copperfield Dr. reference a fallen
tree. When I arrived I met with Edmundo Diaz and saw a large tree branch on the
sidewalk next to his vehicle. I also saw damage, i.e. dents, cracked windshield, and
scratches, on Diaz' truck. Diaz told me the following:
Diaz told me around 1000 hours he discovered a city tree branch broke and fell on his
Toyota 4Runner. Diaz does not know the exact time the branch fell but last saw his truck
yesterday night at 2200 hours. According to Diaz the tree branch fell due to strong Santa
Ana winds and possible rot.
Since the branch was on the sidewalk when I arrived I asked Diaz where he found it and
he told me on the front hood and windshield. Diaz then pointed out the various spots
where his truck incurred damage. Refer to photos for a detailed account of the damage.
Diaz said he removed the branch because the branch continued to scratch his vehicle in
the strong winds.
I photographed the damaged vehicle and tree and downloaded the photos into the TPD
photo database.
I told Diaz to contact his insurance company for assistance in fixing his vehicle.
I request this report be forwarded to a supervisor for review.
G. Schaller #1029
Police Officer
OFFIClAL COPY
NOT TO BE DUPLICATED, COPIED
or FURNISHED to any other person or
agency except as provided by law
without the express permission of the
Tustin Police Department and is to be
returned to the Department upon de-
mand.