HomeMy WebLinkAbout18 CLAIM DENNIS BROOKS 11-15-99 LAW OFFICES OF
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NO. 18
11-15-99
MEMORANDUM
TO'
FROM'
DATE:
RE:
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
November 9, 1999
Claim of Dennis Brooks; Claim No. 99-38
RECOMMENDATION
After investigation and review, it is recommended that the City Council deny the
claim and direct the City Clerk to send notice thereof to the Claimant and to the
Claimant's attorneys.
DISCUSSION
This is a claim in the amount of $101.29 for a broken window that occurred when
a car parked on Irvine Boulevard was hit by a foul ball from Columbus/Tustin Park.
There is no evidence of a dangerous condition of public property or any other statutory
reason for City liability in this instance. Accordingly, we recommend rejection of the
claim.
LOIS E. JE
Enclosure
cc: William A. Huston, City Manager
112734\1
Office of the City Clerk
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5180
City of Tustin
300 Centennial Way
Tustin, CA 92780
(714) 573-3026
FAX (714) 832-0825
Re: Transmittal of Document(s)
Claimant: Dennis Brooks
Claim No.: 99-38
Filed With City: 10-4-99
X
Receipt of Claim/summons and Complaint by the City Clerk's Office on'
Date' 1_0-4-99
Time: 10:00 a.m.
By:
Personal Service upon the undersigned
Regular Hail
Certified/Registered Hail
Interdepartment 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.
.]effrey, 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 ali
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 10-4-99 to the City Attorney and
Department Head, and the original was forwarded to the Finance Department.
Sincerely,
Valerie Crabill
Chief Deputy City Clerk
CITY OF TUSTIN
RECEIPT OF CLAIM
Receipt of Claim/Summons and Complaint by the City
Clerk's office:
Date:
Time: /~----) "~ ~'. /'~
By:
Personal Service Upon the Undersigned
Regular Mail
Certified/Registered Mail
Valerie Crabill, Chief Deputy City Clerk
CITY OF TUSTIN
CLAIM AGAINST THE CITY OF TUSTIN
(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
six (6) months after the incident or event occurred. Be sure your claim is against the City. of Tustin,
not another public entity. Where space Ls 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 Council, City of Tustin, California'
The undersigned respectfully submits the following claim and information relative to damage to
person and/or property'
1. a. Name of Claimant:
b. Address of Claimant'
c. City/Zip Code: ~ ~
d. Telephone Number: ( ''-'~ :"~-
e. Date of Birth' ~-
f. Social Security Number'
g. Driver License Number:
.
Name, telephone, and post office address to which claimant desires notices to be sent (if other
·
than above)'
o
This claim is submitted against'
a. ~, 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:
.
Occurrence or event from which the claim arises'
a. Date: ~ ~- '~ ~
b. Time: A.efr~ v,. "~ C'~'
c. Place (Exa~an~Specific Location!:
~ '-- ''~" ,., F ' ~V~.-,
o'c. ~V~ ~,~.~:,~. ~.'..-~ ,~ ~,.~-
d. How and under what circumstances, did damage orinjury occur? Specify the ~articular
occurrence, event, act or omission you claim caused the injury or damage (use additional
,
.
e,
~hat particular ac¢o~ by the C~y, o¢ its employees,,caused ~he alleged .damage or injury
I
Girve 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".
-- ExO --
Give the name(s) of the City employee(s) causing the damage or injury:
1
Name and address of any other person injured'
,
,
Name and address of~he owner~of. , damaged~, , property
Damages Claimed' ~;
a. Amount claimed as ofthis date: ~ 0 \ ...~.c~ _~
b.
C.
d.
Estimated amount of future costs·
Total amount claimed: ~ ~0\.
Attach basis for computation of amounts claimed (include copies of all bills, invoic-~s,
estimates, etc.)
10.
Names and addresses of all witnesses, hospitals, doctors, etc.
_..
I
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, except as to those matters stated to be upon information or belief and as to
such matters I believe the same to be true. i ce,r,t, ify under penalty of perjury that the foregoing is true
and correct.
Claimant's Signature:
Executed this
day of ~ b'~[-/.4/'¢f~¢-~¢-
I
;
Date Filed'
2:CLAIM (7196)
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aLL. g'T'a ~
9~4.7
ENTERPRIgE CAR ;~
~':~e7 ~zDr.~
I
9g I !
DE AND INSTAL.,'.
W207IgGBNN Wind,hi,Ia
1.5 [J~-etnane? Dam.
=GF7~9 MouldS. nD ¢Chr~me) (Reveal;
I.Jhl];'l' ~lql..7.~d 1
~ p,~t~ urovided
!
2'75.
/ /
M(]B ! L.[~:
AMOUNT
I~URED