HomeMy WebLinkAbout10 CLAIM OF OLIVA 02-07-00 LAW OFFICES Of
V~OODRUFF; SPRADLIN & S
A PROFESSIONAL CORPORATION
AGENDA
RT
MEMORANDUM
NO. 10
02-07-00
DIRECT DIAL: (714) 564-2607
DIRECT FAX: (714) 565-2507
E-MAIL: LEJ@WSS-LAW.COM
TO:
FROM:
DATE:
RE:
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
February 2, 2000
Claim of Michael Oliva; Claim No. 00-04
SUMMARY: Recommend denial of a claim filed by Michael Oliva alleging property
damage of approximately $3,500 due to a collision that occurred at Newport and
Walnut.
RECOMMENDATION'
After investigation and review by this office and by the City's Claims Administrator, it is
recommended that the City Council deny the claim and direct the City Clerk to provide
notice thereof to the claimant and to the claimant's attorneys.
FISCAL IMPACT:
None.
DISCUSSION:
Claimant is alleging approximately $3,500 in property damage due to a collision that
occurred.at Newport and Walnut. Claimant alleges that he had a green left-turn arrow
and the person who hit him' also had a green light to proceed straight ahead.
Protective/permissive left-turn phasing was installed at this intersection on June 16,
1999. City Council approval of such installation was based on the report provided by
the City Engineer. In evaluating each intersection, the City Engineer used current
Caltrans guidelines for the application of protective/permissive left-turn phasing and
guidelines prepared by the Orange County Traffic Engineers Council. At this point in
time, we have'no evidence that the installation constituted a dangerous condition of
public property. Accordingly, we are recommending denial of the claim.
LOIS E. JEFFREY/''? ~''' U
Enclosure
cc: William A. Huston, City Manager
116497\1
Office of the City Clerk
january b, 27Juu
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5180
Re: Transmittal of Document(s)
I! I
C
ity of Tustin
300 Centennial Way
Tustin, CA 92780
(714) 573-3026
FAX (714) 832-0825
Claimant: Michael Oliva
Claim No.' 00-4
Filed with City: 0:~-06-00
Receipt of Claim/Summons and Complaint by the City Clerk's Office on'
Date': 1-6-00
Time: 9:30 a.m.
By:
~Personal Service upon the undersigned
Regular Hail
Certified/Registered Nail
]:nterdepartment 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.
Jeffrey, 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, with a copy to the City 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 enclosures were sent on 0~_-06-00 to the City Attorney and
Department Head, and the original was forwarded to the Finance Department.
Sincere , 2'!J iL:/
Valerie CFa bil'l
Chief Deputy City Clerk
Enclosures
GEORGE C.
ATTORNEy AT LAW
865 S. Figueroa St., Suite 2308, Los Angeles, CA 90017
(213) 627-5098 Fax: (213) 627-5178
E-mail address: Georgelinlaw@earthlink.net
CITY OF TUSTIN
300 CENTENIAL WAY
TUSTIN, CA 92780
JANUARY 4, 2000
RE: CLAIM FORM
NAME OF CLAIMANT: MICHAEL OLIVA
ADDRESS OF CLAIMANT:
TO THE HONORABLE MAYOR AND CITY COUNCIL:
ENCLOSED' PLEASE FIND THE GOVERMENT CLAIM FORM FOR THE
CLAIMANT MENTIONED ABOVE.
· THANK YOU FOR YOUR COOPERATION.
S INCERELLY/¢~,OURS:
\.
~IDIa %2ENTENO
SECRETARY TO GEORGE.
ENCLOSURE:
714 739 6077; Ja,. J-00 3'05PM; Page 3/4
213027.5178 -> Elen:on & Zatee; ~age 9
GEORGE C. LiN
City of Tustin
The law provides generally that a claim must be filed with the city Clerk of
the City of Tu~tin ~itht~ 6 mont~ after the incident or event occurred. Be
sure your claim is against the city of Tustln, not another public entity.
Where space is insufficient, please use additional paper and iden:l£y
information by paragraph numbcr. Complete~ claim, must be mailed or
delivered to the City Clerk, City of Tustin, 300 Centennial way, Tustin,
california ~750
TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California:
The undersigned respectfully submit~ the following claim and tnfoz-mation
relative to damaga to person and/or property:
1. a. NAME OF CLAIM~T: Michael 01iYa
,
,
C. CITY/ZIP CODE:
e. DATE OF ~IRTH: ~ .....
f. SOCIAL SE~RITY NO: ..%~
2. Name, ~elephone and po~t office addresz to ~hich claimant desires notices
to be sent (if other than above):
The Law Offi_ge 0. f Ge_0_r~e C- T. in. A~.t.n: Jnhn Bp0~.:O_~ ._ , ......
3. This claim is submitte~ against:
a. _x_x The City o£ Tustin only.
D. The following employee(s) or t~e City of Tustln only:
The City of Tustin and the foll0wing em-ploy~e(s) of ihs city
of Tu~tin only:
..... iii . i i --- _ __. i IIIIIIL ..... r n ,
4~ occurrence or event from which :he claim arises:
a. DATE: 11-08-99
b. TI~: ___-O..;."~ 5 ~. m, ......
c, P~CE (Exact-and specific 106'~li0n): TnP_¢r.~P~ n~ n¢
Walnut and Newport Avenue
the particular ~ccurrence, event, act or Omission you claim caused
the inju~ or damage (Use additional paper if necessa~):
_I~.w~S ira_yelling No, th_Dh.Newport, ma.k~mg a lef~ on__~Q Walnuk.
~ .... eTM ~" ~'~'~ ' ~ ~ ~ ~ ~"
............. ~-~: - ~-:- -- ~':-~u~-.u~. :t~'~ k.
Sent 5~t· Benton & AssocLates]
714 739 6077~ Ja, 3'06PMi Page 4/4
Sunknown bodily injury
a. Amount claimed aS of the date: -~ ~O~_r~D. ~-_.~,,~,~- Ce?.
b Estimated amount of ~u~re costs. ~¢ p~ _~n~k~ h~~
c. Total amoun~ claime~: -- - .
d, Attach basis for computation of amounts claimod (include copi.s of
all bills, invoice~ estimates, etc.
10. Names and addressel of all witnesseG, hospitals, doctors, etc.
__Ja.n~. Gurv~_ra ~ r,~_her .:~,~ ~ .... ~..~ ~ .... cc~~
3Daheim ~ills,_ Cali~6~i~ 9~67 (5~.} _~74-37'~a .....
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIMI 1
(Penal Co~e Section 7~; Insurance Code Section 556.0)
I have read the matters and ~tate~ments made in the above claim and I know the
same ~o be true of my own knowledge, except as to those matters sta~o~ to be
u~on imformation or belief an~ as to such matters I believe the same to be
~rue. I certify under penalty or perjury that the foregoing i~ TRU~ AND
CORRECT.
~, 19 , at TuGtin, California.
DATE FILED; _./-'"~.
, ' mm _
CLAIMANT ' S SIGNATUR~
B1: CLFoRM