HomeMy WebLinkAbout09 CLAIM 07-31, BERNARDO LARIOS 02-05-08 AGENDA REPORT
MEETING DATE: February 5, 2008
TO: William A. Huston, City Manager
FROM: Ronald A. Nault, Finance Director
SUBJECT: CONSIDERATION OF CLAIM OF BERNARDO G. LARIOS, CLAIM NO. 07-31
SUMMARY:
The Claimant has reported that while his truck was parked on the street in Tustin, a tree fell
and scratched his vehicle and another car that was in front of it. The Claimant's cost for the
painting needed due to the scratches and dents on his vehicle was $1,367.44.
RECOMMENDATION:
That the City Council deny Claim ,Number 07-31, Bernardo G. Larios, and direct Staff to send
notice thereof to the Claimant.
FISCAL IMPACT:
None.
DISCUSSION:
Staff and the City's Claims Administrator have determined that there had been no prior
complaints regarding the City tree involved in the above incident -the tree was healthy and
had been trimmed in a timely fashion. It may have been that excessive winds at the time
caused the tree to fall. Staff recommends this claim be denied because the conditions which
caused the Claimant's damage were outside the control of the City.
Ronald Nault
Finance Director
ATTACHMENT: Copy of Claim No. 07-31
ConsiderationOfClaimOfl3ernardoLarios. 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 SEP 14 P 12:45 Claim No: 07-31
PLEASE NOTE:
A. Read entire claim before filing.
B. Be sure your claim is against the Citv of Tustin, not another public entity. t~. °~
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 California, 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.
1. Name and Post Office address of the Claimant:
Name of Claimant Bernardo G. Larios
Home Address 342 Pasadena Ave #A
Tustin,
Home Telephone 714 734-8618 Work Telephone: 714 743 4703
2. 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 9/7/07 Time of Occurrence: 8:00 p m
Location: 342 Pasadena Ave sidewalk
Circumsktances giving rise to 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 of
the amount claimed (include copies of all bills, invoices, estimates, etc.)
Amount Claimed and basis for computation:.Paint to the truck 1367.44
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 Code.
§910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, they
City 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.
Officer Neston badge #1147 City of Tustin/Police report 07-6592
8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone
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
Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim
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
PARKWAY
CURB
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:
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 City of Tustin. This application is being made
within a reasonable time, not exceeding one (1) year, after the accrual of the cause of action. Under some circumstances,
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
.ESTIMATE AND REPAIR ORDER
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~~~~ ~~ Anaheim, California; 9280E
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D at ^ 1 THERE IS A WITNESS TO THE CRIME
^ 2 A SUSPECT WAS ARRESTED /~ ~
~ 97 ^ 1 FlNGERPRINTS
^ 2 TOOLS
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= ~ 1. ORDER SERVED AT SCENE BY:
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O 3 A SUSPECT WAS NAMED / • /~ ^ 9 TOOL MARKINGS ~
^ 4 A SUSPECT CAN BE LOCATED O 4 OL.ASS +/ ~ 2. ENTRY MADE BV: PN
^ 5 A SUSPECT CAN BE DESCRIBED ^ 5 PAINT V 9. NAME OF PERSON SERVED:
^ 8 A SUSPECT CAN 8E IDENTIFIED ^ 8 BULLET CASING
^
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ET
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~ ^ 7 A SUSPECT VEHICLE CAN BE IDENTIFlED V 7
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^ 8 RAPE KIT ~ 4. RESPONDENT SIGNATURE
H ^ 8 THERE IS IDENTIFIABLE STOLEN PROPERTY W ^ !> SEMEN 0
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V ^ 9 THERE IS A SKiNIFICANi M.O. O ^ 10 BLOOD
LL p 10 SIGNIFICANT PHYSICAL EVIDENCE IS PRESENT ~jj ^ 11 URINE /DO CSI PERFORMED Y:
^ 12 HAIR ~
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^ 11 THERE IS A MAJOR INJURY/SD( CRIME INVOLVED
^ 13 FlREARMS NAME 8 PN
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^ 12 THERE IS A 600D POSSIBILITY OF A SOLUTION ~ 14 PHOTOGRAPHS
^ 13 FURTHER INVESTIGATION NEEDED
^ 15 OTHER (DESCRIBE) y
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^ 14 CRIME IS GANG RELATED
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O 16 HATE CRIME RELATED ~ TOTAL LOSS DOLLAR AMOUNT
^ 18 REPRODUCTNE HEALTH CRIME SOn Or
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PREML9ES
7 ~ POINT OF ENTRY
PROPERTY/ATTACKED 11
PAGE
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TRADEMARKS
SUSP . PRET. TO BE
O 1 CONDUCTING SURVEY
^ 2 CUSTJCUEN
^ 3 DELNERY PERSON
^ 4 dBABLED MOTORIST
^ S DRUNK
^ 8 EMPLOYEE/EMPLOYER
^ 7 FRIEND/RELATIVE
O S ILL/INJURED
O B NEED PHONE
^ IoPOLICFnAw
^ 11 RENTER
O 12 REPAIRMAN
^ , 3 SAtE OF ILLJCR GOODS
O 14 BALES PERSON
^ 16 SEEK ASSISTANCE
^ 18 SEEK pSiECT10NS
O 17 SEEKING SOMEONE
01a SOLICIT FuNDs
O 19 OTHER
i BUSINESS - ~-
^ 1 BANK/SAV LOAN
FINANCE/CREDIT UN
^ 2 BAR
^ 9ClEANERSAAUNDRY
^ 4 CONSTRUCTION SITE
^ 5 THEATER
^ 8 FAST FOODS
^ 7 GAS 8TATK)N
O S HOTEL/MOTEL
^ 9 DEPTJDISCOUNT STORE
^ 10 GUN/SPORT GOODS
O 11 JEWELRY STORE
0 12 u0uoa STORE
^ 13 PHOTO STAND
^ 11 CONVENIENCE STORE
^ 16 RESTAURANT
0 1esuPERMARKEr
^ 17 TVAiAD10
^ 18 AUTO PARTS
O 1 B BICYCLE SALES
^ 20 CARAYIOTORCYCLE SALES
O 21 CLOTHNG STORE
O 22 HARDWARE
^ 23 MEDICAL
^ 24 OFFICE BUILDING
^ 26 SHOE STORE
^ 2s WAREHOUSE
0 27 oTH~
^ ZO APARTMEM L.
D 2Y CONDOMINIUM
^ 90 DUPLEX/FOURPLEX
O 31 GARAGE ATTACHED
O 32 GARAGE DETACHED
O 33 HOUSE
O 34 MOBILE HOME
^ 36 OTHER
^ 1 FROM
^ 2 REAR
O 9 SIDE
^ 4DOOR
^ 5 WINDOW
^ 6 SLIDING GLASS DOOR
0.7 BASEMEN
O 8 ROOF
^ 9 FLOOR
^ 10 WALL
^ 11 DUCT/VENT
D 12 GARAGE
O 13 ADJ. BUILDING
^ 14 GROUND LEVEL
^ 18 UPPER LEVEL
^ 1e uNKNOwN
O 17 OTMEA
^ 1 NO FORCE USED
^ 2 WINDOW SMASHED
^ 3 ATTEMPT ONLY
^ 4 8ODK.Y FORCE
O 6 BOLT CUT /PLIERS
D S CHANNEL LOCKIPIPE
WRENCHAIICE GRIP8
^ 7 SAW/ORIUJBURN ~
o e scRElnrDRwER
^ 9 nRE IrION
^ 10 LINK PRY BAR
O 11 COAT MANGER WIRE
^ 12 KEY 8UP SHIM
^ 19 PIAYf~1
O 14 REMOVE LOUVERS
^ 16 BAICK/ROdC
^ 1 S HID IN BUILDMKi
^ 17 WALKED IN
^ 1SUNKN0WN
^ 19 OTHEF~
^ 1 DOORILOCK FORCED
^ 2 TALOVK FORCED
^ 9 WINDOW B(IDKEN
^ 4 WINDOW FORCED
^ 5 WINDOW OPEN
^ S UNLOCKED
^ 7 UNKNOWN
a e oTI1EI1
^ 3o CHURCH
^ 37 HOSPRAL
^ 3gpARWPLAYGROUND
^ 39 PARKNG LOT
O 40 PUBLIC BUS.DING
^ 41 SCHOOL
O 42 SHOPPING MALL
^ 43STREETMWY/ALLEY
^ 44 oTHER
^ 45 CAMPER L.
O 48 MOTOR NOME
O 47 PASSENGER CAR
^ OB PK~C-UP
^ 49 TRAILER
O 60 TRUCK
^ 51 VAN
^ s2 OTHER
PHYSICAL CONDITION 17
O i UNDER INFL ALCOMOV C
DRUfi8
D 2 SICKANJURED
^ 3 8ENKMi CRI2EN
D 4 BOND
D S WWDICAPPED
O 8 DEAF
^ 7 MUTE
^ B MEMALLY/EMOTIONALLY
IMPAIRED
^ 9 OTHER
^ 1 CASH NOTES
^ 2 CLOTHES/FUR
O 3 CONSUMABLE GOODS
^ 4 FIREARMS
^ SHOUSEH0LD 60003
O 6JEWELRYMETALS
^ 7 LTiIESTOCK
^ S OFFK:E EOUIPMEN
^ 9 NA7ADI0/CAMERA
^ 10 MISCELLANEOUS
D 11 UNKNOWN
^ 12 DTIIEA
^ 1 suSP~E11C~~r~~~c~LIMAXEo
^ 2 UNKryOwn IF CUMI)i
7 VIC.OFiALLY CAPUtJrIED SUSP
4 RAPE BY I~TRUM~NT (FOREKIIN
10 SODOMY
118U(iOEBTEO VK: COMMR LEWD
PERVERTED ACT
12 INSERTED FINGER INTO VAGINA
13 FORCED VIC TO FONDLE SUSP
14 BUSP FONDLED VICTIM
16 MASTURBATED SELF
16 OTI}EII
IS MEMBER OF NEKiM WATCH7 L
01 D YES 02 ^ NO
18 MEMBER OF OPERATION IDENT7
09 ^ YES 04 O NO
INTERESTED IN NEIGH WATCH7
06 ^ YES as O NO
NAD HOME BUSINESS MISPECTI0N7
07 ^ YES 08 ^ NO
RELATIONSHIP TO SUSPECT
^ 1HUSBAND
^ 2 WIFE
O 9 MOTHER
O 4 FATHER
^ 6 DAUGMrEA /V
^ 6 BON
^ 7 BROTHER
^ B SISTER
SUSPECTIS) ACTIONS
^ t DEMANDED MONEY
^ 21NFLK;TEDINJURIES
O 3 SELECTAIE IN LOOT
^ 4 STRUCK VICTIM
^ b ALARM dSABLED
^ e ARSON
^ 7 ATE/DRANK ON PREMISES
^ 8 BLINDFOLDED VICTIM
BOUNDAiA(iGED
^ 9 GT BURGLAR
^ 10 DEFEGTED/URNATED
O 11 dSROBED VICTIM FULLY
O 12 dBROBED VICTIM PARTULLlY
^ 19 FlRED WEAPON
^ 14 FORCED VIC TO MOVE
O 16 FORCED NC INTO VEMK:LE
^ 16 HAD BEEN DRINKING
^ 17 N/DICATION MULTI BUSPECT9
O 1S KNEW LOC. OF HIDDEN TIEMS
^ 19 MADE THREATS
^ 20 PU1CJ~ PROPEITIY N SACKIPOCIO:T
^ 21 PREPARED E%R
^ 22 RANSACKED
^ 23 RIPPED/CUT CLOTHING
^ 24 SHUT OFF POWER
^ 25 SMOKED ON PREMISES
^ 28 SEARCHED VICTIM
^ 27 SUSPECT ARMED
O 28 THREATENED RETALMTKNI
^ Zo TOOK ONLY CONSUMIIBLES
^ 30 TOOK VICTIM'S VEHICLE
^ 31T0RTURED
D 92 LINGER INFLUENCE DRUOB
O 39 USED DEMAND NOTE
^ 94 USED LOOKOUT
^ 36 USED DRIVER
O 30 USED MATCW(:ANOLE
O 37 USED VICTIM'S NAME
^ 98 USED VICTIM'S
SUtTCABE/PILL0ViICASE
O ~ USED VICTIM'S TOOLS
^ 40 VEH NEEDED TO REMOVE
PROPERLY
^ 41 CUi/OISCONNECTED PHONE
D <Z CASED LOGTKIN BEFORE CRIhE
^ 43 FOLLOWED/STALKED VICTIM
^ 44 OTHER
^ 1 AUdBLE ALARM
^ 2 81LEM AU1RM
^ S PRNATE SECURITY PATROL
^ 4 DOO
^ 6 STANDARD LOCKS
^ e AUXILIARY LOCKS
(DF.AOBOLT, WINDOWS. ETC)
^ 7 WINDOW BARB/GRILLS
^ 8 OUTSIDE LM311TB1O ON
O 9 MSIDE IKiHTMifi ON
^ 10 GIIRIIOE DOOR LOCKED
^ 11 OBSCUFED NITEIIIOR VIEW
(COMMERCWJBUSINESB)
^ 12 8ECURRY SKiNIN0
(N.W. ALARM ETC.)
^ 13UNKN0WN
^ 14 OTHER
O 9 OTHER FAMLY L~
^ 10 ACOUAMITANCE
^ 1/ FRIEND
D 12 BOYFRIEND
^ 13 GIRLFRIEND
^ 14 NEIGHBOR
^ 15 BUSINESS ASSOCIATE ®1
^ 1S STRANGER t
^ 17 UNKNOWN NOT TO
or FUfiNiSN
agency Bxc
without the
MAAITAL STATUS
^ 1 SINGLE
^ 2 MARRIED
^ 3 DNORCED
^ 1 SEPARATED
O 6 ANNUL I Ff1
^ s coMMON LAw
D, COPIED
Tess perrtliSSiO(1 Of the
TE'tUrred tO tTl@ U8~18iTITi811i U~V11 ua-
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Tustin Police Department
Information Report
CR# 07-6592
On 09-07-07 at approximately 2018 hours, I was dispatched to the area of 350
Pasadena Ave. reference a fallen tree which had damaged two vehicles. I arrived
on scene and located the tree which was determined to be City of Tustin property.
The tree (identified as a Pittosporum Undulatum) had fallen towards the street and
landed on two parked vehicles. The trunk of the tree landed on the back of a 2003
silver Honda Civic (SCUA047). The limbs of the tree landed on the hood of a
2001 black Chevy Silverado (7Y18193). Both vehicles received scratches and
minor dents.
I spoke with the owner of the Honda (Jamie Stoffel) and she said she had parked
her vehicle approximately one hour prior. She said she came out to her vehicle at
2015 hours and saw the tree on her vehicle.
I spoke with the owner of the Chevy (Bernardo Larios) and he told me he parked
his vehicle at unknown time earlier in the evening and he at approximately 2015 he
came out to his vehicle to find the tree on top of it.
Tustin City Yard and West Coast Arborist responded to the scene and removed the
tree from the roadway. Multiple photographs were taken and downloaded into
property at TPD.
Newton #1147
OFFICIAL COPY
NOT T BE DUPLlCATED, COPIED
or FURNISHED to any other person of
agency except as provided by law
without the express permission of the
Tustin Police Departrnent and is to be
returned to the Department upon de-
mand.