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Home My WebLink About10 CLAIM 08-49 - FLORES 01-06-09AGENDA REPORT MEETING DATE: JANUARY 6, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES SUBJECT: CONSIDERATION OF CLAIM OF ROSEMARY FLORES, CLAIM NO. 08-49 SUMMARY: The Claimant reported damage to her vehicle as a result of a Police search for contraband. RECOMMENDATION: That the City Council deny Claim Number 08-49, Rosemary Flores, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The City's Claims Administrator has found no fault attributable to the City of Tustin in this incident. The Officers involved were conducting a legal search and seizure where contraband was located in the vehicle. The contraband was booked as evidence and the vehicle was impounded pursuant to a lawful search and arrest. r Kristi Recchia Director of Human Resources Agenda Item 10 Reviewed: City Manager F~a~~o„~~, . Finance Director ATTACHMENT: Copy of Claim No. 08-49 CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) , Received via: CITY 0.= T U S T I N Time Stamp: ^ U.S. Mail ^ Inter-office Mail 108 I~OY 2 u A l l ~ 41 ^ Over the Counter Claim No: ~~'-~~_ PLEASE NOTE: A. Read entire claim before filing. B. 13e 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 occurre, (Govemment 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 answer F. A claim must be presented, as prescribed by the Govemment Code of the State of California, by the clalmant or a per. acting on his/her behalf and shall provide the information shown below and must be signed by the claimant or a person his behalf (Govemment Code § 910.2). G. This form Is for the convenience of those desiring to present daims against the dty. clalmant is advised to consult a prix attorney if legal advice is des(red. No employee of the Clty may give legal advice to any clalmant relating to private daims H. Completed daims must be mailed or dellyered to the City of Tustin, City Clork's Offlca~ 300 Cantsnntal Way, Tus1 Callfornis 92780, 1. Name and Post Office address of the Claimant: Name of Claimant: ~) Cb~Q,v~-f ~~ares Home Address: 2 3. 4. Home Telephone: Work Telephone: Post Office address to which the person presenting the claim desires notices to be sent: (If dtHerent from above) Telephone: Post Office Address: Name of Addressee: The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: ~ ] . a U - (~ ~ Location: ~ ~ ~ 8(~~' ~ ~ Circumstances giving rise to this claim: Gee al des rc ipt on oftthe lnde'bfedn~~ T _ . Time of Occurrence: m~ aoo ,a ~ - le _ Gf~E 1 `O t/ t cur .~- r ¢ 's rtes m.yS~~ . i, ink ,damage or loss incurred so far as you now kno . ~t e? rG- i n5 fit l q `v Cvs; ~6 , o Page 1 of 4 5. The name or names of the puolic employee or employees causing the in~~ yr, damage, or loss, if known. ~~. Soo 8. ff amount claimed totals less than 110,000: Provide the amount chimed fE it totals less than ten thousand dollars (510,000) as of the date of your daim, 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 daim, together with the basis of computation of the amount claimed (include copies of all bills, invoices, estimates, etc.) Amount Claimed and basis for computation: '-~ (p 3.o d K amount claimed exceeds 510,000: N the amount chimed exceeds ten thousand dollars (510,000), do not provide a dollar amount in the daim. However, your Balm must indicate whether 0 would be a limfted civil case. A limited dull case is one where the recovery sought, exdusNe of attorney fees, interest and court costs, does not exceed 526,000. An unlimited civil case is one in which the recovery sought Is more than 525,000. (See CCP § 138.) ^ Limited Civil Case ^ Unlimited Civil Case .You an squired to provide the information requested above In oroer to compry wan aav...~..~~.~.....~...• §910. Additionally, in order to conduct a timely Investipatlon and possible resolution of your claim, the Cttv of Tustin requests that you answer the tollowinp questions. 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the daim arises: i3. ff the daim involves medical treatment for a chimed injury, please provide the name, address .and telephone number of any doctors or hospitals providing treatment: ff applicable, please attach any medka/ bHls or reports or s/mNar documents supportfi-Q your claim. 9, ff the daim 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 repaJr bills, estimates or similar documents supporting your claim. Page 2 of 4 READ CAREFULLY For all accident claims, place on foibwing diagram name of streets, including North, East, South, and West; indicate place of acddent by "X" and by showing house numbers or distances to street comers. If City/Agency Vehide was involved, designate by letter 'A" location of City/Agency Vehide when you first saw it. and by "B" location of yourself or your vehicle when you first saw City/Agency Vehide; locatbn of City/Agency vehicle at tim accident by "A-1" and locatlon of yourself or your vehicle ai time of the accident by "B-1"and the point of impact by "X." NOTE: if diagrams below do not fit the situation, attach here proper diagram signed by claimant. SIDEWALK CURB CURB --Z PARKWAY SIDEWALK "'~'- Waminp: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may see to recover all costs of defense in the event an action is filed which is later determined not to have been brought in goo faith and with reasonable cause. Signature: Date: ~= ~U- Page 3 of 4 i; {, . t. 11/24/2008 at 10:15 AM ~~ ~~ Job Number• 29314 • HOBS P]1INT & BODY License #:AD153346 3421 EAST LA PALMA ANAHEIM, CA 92806 (714)630-3322 Fax: (714}630-1305 PRELIHII~T7IRY E3TIi~1TE Written By: IAN PUMMELL Adjuster: Insured: ROSEMARY FLORES Owner: ROSEMARY FLORES ]-ddresa Day: Evening: Inspect Location: Insurance Company: 2001 TOYO 4RUNNER 4X2 SR5 6-3.4L-FI 4D UTV Int: Days to Repair VIN: Lic: Prod Date: Odometer: Rear Defogger Tilt Wheel Cruise Control Intermittent Wipers Rear Window Wiper Dual Mirrors Privacy Glass Console/Storage Overhead Console Clear Coat Paint Power Steering Power Brakes Power Locks Power Mirrors Heated Mirrors AM Radio FM Radio Stereo Cassette Search/Seek CD Player Anti-Lock Brakes (4) Driver Air Bag Passenger Air Bag Traction Control Stability Control Cloth Seats Bucket Seats Recline/Lounge Seats Power Rear Window Automatic Transmission ----------------------- Overdrive -------------------------- Styled Steel Wheels NO. OP. ----------------------- ------------------------ DESCRIPTION QTY EXT. PRICE LABOR PA ---------------- ------ INT --------------- 1# INSTALL CENTER CONSOLE PARTS 1 -------------------------------------------------- ------------------- 1.5 ------ ---- Subtotals =_> ------------------- 0.00 1.5 ------ 0.0 Parts 0.00 Body Labor 1.5 -------------------------- hrs @ $ 42.00/hr 63.00 - SUBTOTAL -------------------------- ------------------- $ ------ 63.00 - GRAND TOTAL ------------------- $ ------ 63.00 Claim ~ Policy $ Deductible: Data of Loss: Type of Loss: Point of Impact: 1