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HomeMy WebLinkAbout12 CLAIM JANET FLORA 01-07-02~. JAN-O~-~00~ 15' 39 WOODRUFF SPRADLIN SMART AOENDA R PLIR'I' F .... I ~_ _- -- I _ I[I IIIII MEETING DATE: JANUARY 7, 2002 '73.4 835 '7787 P. 02/0? NO. 12 01~07.02 180-10 TO: H'ONO~BLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: CLAIM OF JANET FLO~; CLAIM NO, 01-50 I I ....... _ ..... I II III __ '" Illll ........ I ..... l lll[lllll -~ SUMMARY: " The City Attorney is recommending that the City Council reject Claim No. 01-50, Jarret~ Flora. RECOMMENDATION' After investigation and review by this office and by the City's Claims Administrators, it is recommended that the City Council deny 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: Claimant's car was hit by a softball that was hit over the fence as the claimant drove past Columbus Tustin Middle School on Irvine Boulevard. The damage claimed is $79,12. While this was an unfortunate accident, there is no liability on behalf of the City. There is no evidence of a dangerous condition of public property or that the City h~fd any notice of such a danger. ATTACHMENTS: Claim JAN-02-2002 16'34 714 835 778? 97~. " P.02 ~ JRN-O~-~00~ 15:~ WOODRUFF SPRRDLIN SMART 714 835 CITY OF TUS'i-IN ' CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Persons or Personal Property) · · P. 03/0? The law provides generallY that a claim must be file. d w'rth the City CIerk of the City of Tustin w__..ithin six16] month._..__.~ after the incident or event occurred. Bo sure your claim is against the Ciht of Tustin, not another public entity, 'Where'space i~ 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 Coundi, City of Tustin, California: · The Undersigned respectfully submits the following, claim and inDrmat]on relative to damage to person and/or property: . 1. a. Name of Claimant ~"~ b. Address of Claimant: ~',~¢ . ' c. CitylZipCode: _~--~~~.- ..¢ ' d. Telephone Number._ __': ...... e. Date of Birth: __~. .~" , . f. g~ Social Security Number: Ddver License Number..~_-C ~._' ...... Name, tele, chone, and post office address to which claimant desires notices to be sent (if other than above):_ /~ ~ ~/~ .......... _ ........... .. e This claim is submitted against: ' a. ~ _ The City.of Tu.~n only. b. ~___ The following employee(s) of the City of Tustin only: Ce --- -ia u I -- _ ....... .1 _ _--: . _ j.~l_ . I I I · ~ - _ _ _ - _ _ _-_-_. -: _ ---- _ _ _ , The ~f~y of Tustin '~nd' the fol'l'~w~r~g-employee(s) ol~ the City of Tusti.n , Occurrence or'eVent from which the claim arise's: ' · a. Date: [0-2.0-O! ..... ' , ime:- C. How and under what circ njury occur? Specify-the" particular e, event, act or omission you claim caused the injury or damage (use additional , d. JAN-02-2002 16'35 714 835 ?787 987. P.03 ~ J~N-02-2002 15'40 LdOODRU~ SPR~DLIN SMART 714 8J5 7787 P.04/07 e. What paKicular action by the Ci~, or its employees, caused tho alleged = ......... .._~,~q i,_ _, . .... i.__ . 6~ 8~ Give a description of the injury, property damage or loss so far known at the tim.e of t. his claim. If th?re were no injuries, state "no injuri?". I,J.o _~:w ~~.~ :' ...... - ,_ o-: Give the name(s) of the City employee(s) ~using the damage or injury: ..... ., , Name and address of any other pets,on.injured'_. _13/* .... Name and address ofthe owner of any damaged property: ~"~"~~ ~'L.~ ~A 9~ Damages Claimed' Amount claimed as of this date: ~[ 'q_q · t ~- Estimated amount of future cost~: k,J_'i~ - __~_~-i_i~r-u~;~ .~-¢-~% ' Total amount claimed: ~ '"/q, ~,- .... Attach basis for computation of amounts daimed (i~clude- copies of all bills, invoices~, estimates, etc.) ' . 10. Names and addresses of ail witnesses, hospitals, doctors, etc. WARNING' IT IS A CRIMINAL OFFENSE TO. FILE A FALSE ~LAIM (Penal Code Section 72; Insurance Code Section 556.0) · · I have read the matters and statements made in the above claim, and I know the same to be true Of my own knowledge, except a~ to those matters statod to be upon infermation or belief and as to such matters believe the same to ~t~rue. 1 certify under ~en,lty of perju~ that ~he foregoin~ is true an~ correct. j _. ......... -_.. ___...,_ -: _. .... -.,_ _ _ ,. __ Executed this ¢~0~_ ........ dayof ~,~ ' ,20 I~ [ . , Date filed this, ¢7q'~)'j'~~' day of ~ 20 ~ jr 2:CLAIM (1100) .. .TRN-02-2002 :!.6'35 714 8:35 7787 97Z P'.04 15' 40 WI::IODRUFF ~SPI~I::::IDLIN SVII:::IRT ?:14 0:~5 ?787 · 17, 2001 CITY OF TUSTIN RE: Automobile homage Claim To Whom It May Concern: On (:!: believe) Saturday, Octobe~ 20th, (could have been the 19th or the 21st) I wes driving my car past Columbus Tustin Middle School on :l:rvine glvd., approaching Prospect at approximately 2'2§pm. At that time both baseball fields were occupied by girls softball groups, playing ball. While I wes driving past the school, e softball was hit over the fence end struck my car. The damage,, ..... was to my passenger side front blinker light--it wes completely smashed. [ hod to order the port from my mechanic--it was replaced on 10-23-~001 by Hi bine Automotive in Orange. The cost was $79.12. I hove already paid this amount to my mechanic in full. (If you need to talk to the mechanic Z have enclosed a copy of my bill ~hich ~1~o ha~ hi, phone number' on it). I om only seekin9 reimbursement for this damage to my vehicle. Please re. imbur~e me at your e~rliest opportunity. Zf you should need any further information please do not hesitate to cell me at Thank you! Sincerely, ,T~N-02-2082 16' 35 ?14 835 7787 J~N-0~-~00~ 15' 40 WOODRU~ SPR~DL. IN SMART 714 855 7787 Home address: JAN-02-2002 16'35 714 835 778? 97P. 'P.06 JAN-O~-~00~ 15' 40 WOODRUFF SPRRDL!N SMRRT , , P. 0?/0? 0 m 0 JAN-02-2002 FOR R;;Or~t~l~: V. KELEMEN ADV. Ph' 714/992-2813; FAX: 714/992-2879 16' 36 714 835 ??8? TOTAL P.O? P. 0?