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HomeMy WebLinkAbout11 CLAIM JAY D. BANKS 01-03-00LAW OFFICES OF kVOODRUFF, SPRADLIN & ;~MART A PROFESSIONAL CORPORATION NO. 11 01-03-00 DIRECT DIAL: (714) 564-2607 DIRECT FAX: (714) 565-2507 E-MAIL: LEJ@WSS-LAW. COM MEMORANDUM TO: FROM' DATE: RE: Honorable Mayor and Members of the City Council City of Tustin City Attorney December 22, 1999 Claim of Jay D. Banks; Claim No. 99-44 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. DISCUSSION This is a claim for $250.77 for property damage. The claimant alleges that the right rear wheel rim of his car was broken when he drove over a manhole cover that was left in the street at the intersection of Trevino and Jamboree. The manhole covers at this location are owned, maintained and controlled by the Irvine Ranch Water District. There is no evidence at the present time that the City had created a "dangerous condition of public property" as defined in California Tort law. This matter will be referred to the Irvine Ranch Water District. Enclosure cc: William A. Huston, City Manager 114521\1 Office of the City Clerk uecemoer J, .L¢9~ Carl Warren 8, Co. P. O. Box 251-80 Santa Ana, CA 92799-5!80 City of TUstin 300 Centennial Way Tustin, CA 92780 (714) 573-3026 FAX (714) 832-0825 Re: Transmittal of Document(s) Claimant: .lay D. Banks Claim No.: 99-44 Filed With City: 1-2-3-99 X Receipt of Claim/Summons and Complaint by the City Clerk's Office on: Date: 1_2-3-99 Time: 8:40 a.m. By: X ~Personai Service upon the undersigned ~Regular Hail Certified/Registered Hail lnterdepartment Delivery The enclosed Claim (or Application to File Late Claim) was presented to this office as indicated above and has been referred to the appropriate City department for its investigation and also to the offices of Woodruff, Spradlin and Smart, Attn: Lois E. .leffrey, City Attorney. By this letter, you are authorized to commence the necessary investigation of this claim on behalf of the City. We request that you give such notices as may be appropriate to the City's insurance carrier(s) and further request that you submit your preliminary and all subsequent reports to the City, wiLh a copy to the Cib/ Attorney and to the insurance carrier(s) if they so request. Upon receipt of advice from the City Attorney, we will plan to present this matter to the City Council and/or take such other steps as are directed by the City Attorney. Other: A copy of this letter and enclos0res were sent on 1-2-3-99 to the City rney and Department Head, and the original was forwarded to the Finance Department. Sincerely, Valerie CralSill Chief Deputy City Clerk Enclosures DEC 6 1999 city of Tu~tin CLAIM AGAINST THE CITY OF TU~N (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 6 months after the incident or event occurred. Be sure your claim is against~the Cit~ 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 IN~ TO THE HONORABLE MAYOR AND CITY COUNCIL, city of Tustin, California: The' undersigned respectfully submits the following claim and information relative to damage ~o person and/or property: . 1. a. NAME oF CLAIMANT: Jay D. Banks b. ADDRESS OF CLAIMANT: C. CITY/ZIP CODE: d. TELEPHONE NO: · e. DATE OF BIRTH: f. SOCIAL SECURITY NO: 2. Name, telephone and post office address to which claimant desires notices to be sent (if other than above): Work phone number ( 3. This claim is submitted against: a. x The City of Tustin only. b. -- The following employee(s) of the city of Tustin only: C, The. City of Tustin and the following employee(s) of the City of Tustin only: 4. Occurrence or event from which the claim arises: a. DATE: November 10, 1999 b. TIME: appro~ately 7:30 p.m. . c. PLACE (Exact and specific location):At the intersection of Trey!Do and Jamboree. d. HOW and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or Omission you claim caused the injury or damage (Use additional paper if necessary): The water access cover (manhole) was left in the street and was not re~urne to · s proper e rear a manner as to rea ~t ee WHAT particula~ ~tion by the City, or ~ employees, caused the alleged damage . ~injury? __ (1) Failure to replace the access cover, or (2) failure to ensure that the access cover was not removed by unauthorized persons, or (3) failure to properly supervise the replacement of the access cover by persons authorized to remove the. access cover. 5. Give a description of the injury, propertY damage or loss so far known at the time of this claim. If there were no injuries, state "no injuries". Property damage - right rear wheel rim broken. 6. Give the name(s) of the City employee(s) causing the damage or injury: unknown 7. Name and address of any other person injured:none S. Name and address of the owner or any damaged property: 9. Damages claimed: a. Amount claimed as of the date: $250.77 b. Estimated amount of future costs: none c. Total amount claimed: $250.77 d. Attach basis for computation of amounts claimed (include copies of all bills, invoices; estimates, etc. 10. Names and addresses of all witnesses, hospitals, doctors, etc. AAA tow truck driver -.name and address unknown at this time. WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM!! (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, ~xcept as to those matters stated to be upon information or belief and as to such matters I believe the same to be true. I certify under penalty or perjury that the foregoing is TRUE AND CORRECT. Executed this 30th day of November ,1999 , at Tustin, California. CLAIMANT ' S ~ IGNATURE B1: CLFORM Revised 8/96 SATLRN '" 1350 Auto Mall I' SATUHN OF SANTA ANA Santa Aha, CA 9~. (714) 648-2444 BAH ~ CAD 9836O7920 SERVICE INVOICE. SO~ 190263 DATE/TIME IN: 11/15/1999 TAG# 4373 SA: JOHN GOMEZ * JAY BANKS ( ( 16:5'5 DATE/TIME OUT: DOC COUNT: 1994 SATURN SL2 'ENGINE: LL0 1.9LL4 MILES IN/OUT 68215 / TOTAL EST.: 11/15/1999 17:31 1 PAGE: 1 GOLD W/TAN' 68215 SVC DATE: 250.77 2/16/1994 LINE 1 TECH COMM: CUSTOMER STATES RIGHT REAR RIM WAS DAMAGED BY DEBRIS INSTALL NEW RIM (SOP) REPLACE REAR RIM EST.: $233.81 REPAIR 1 OPCODE: E0420 PRIMARY TECH: WARR PARTS: PARTS SN WHEEL - REPLACE ONE JUAN OLAYO* 1 DESC 21011249 WHEEL-15X N SALE TYPE: CASH - GM FP QTY PRICE SALE TYPE 1 218'.810 CASH - GM LINE TOTAL $15.00 $218.81 $233.81 REMEMBER WE OFFER MAINTENANCE SERVICES IN YOUR DRIVEWAY !!! CUSTOMER SIGNATURE LABOR ............... PARTS ............... TAX (California Stat) CUSTOMER TOTAL ...... PAYMENT (CASH ) $15.00 $218.81. $16.96 $250.77 $250.77 5 199 ilily_NOV 1 ! fl RIGINAL EST. EVISED EST. NOTICE TO CONSUMER: PLEASE READ IMPORTANT INFORMATION ON BACK. By law. you may choose another Licensed Smog Check facility to per~orm any needed repairs or adjustments which the Smog Check Test indicates are necessary. I ACKNOWLEDGE NOTICE AND ORAL APPROVAL OF AN INCREASE IN THE ORIGINAL ESTIMATED PRICE.