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Home My WebLink About09 CLAIM L. LUJAN 09-20-99 LAW OFFICES OF WOODRUFF~ SPRADLIN & SMART A PROFESSIONAL CORPORATION NO. 9 9-20-99 MEMORANDUM 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 September 14, 1999 Claim of Lorraine Lujan; Claim No. 99-31 RECOMMENDATION After investigation and review by this office and the City's Claims Administrators, it is recommended that the City Council deny the claim and send notice thereof to the claimant and the claimant's attorneys. DISCUSSION This is a property damage claim for $166.58. Claimant suffered damage to a front tire of her car while driving on Jamboree Road near Warner. This claim appears to relate to construction in the area that is under the control of Silverado Constructors. There is no liability or responsibility for the City. The claimant has been provided with the telephone number and contact person at Silverado Constructors. Enclosure cc: William A. Huston, City Manager LOIS E. J EFFRE~'~/~,'" ~'~ 110305\1 Carl Warren 8, 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: Lorraine A. Lujan ' Claim No.' 99-31 Filed With City: 8-16-99 Receipt of Claim/Summons and Complaint by the City Clerk's Office on: Date: 8-16-99 Time: 9:55 a.m. Personal Service upon the undersigned By: ____ Regular Mail --~-~ Certified/Registered ' Mail· .- 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 &nd 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 8-16-99 ~tOi':th~'~ City~'Attorney'and Department Head, and the original was forwarded to the Rnance Department. Sincerely, AUG 1999 Valerie Crabill Chief Deputy City Clerk Endosures CITY OF TUSTIN :. CLAIM AGAINST THE CITY OF-Tb- TIN (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 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 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: I · 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:. e Name, telephone, and post office address to which claimant desires notices to be sent (if other than'above)' _~,~,~- __ · This claim is submitted against' a. ~/ The City of Tustin only. b. The following employee(s) of the City of Tustin only: Gl 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' o'7/o~/~ c) b. Time: /o:oo ~ c. Place (Exact and Specific Location)'-'~-~i~--.~ ~c)~t> ~ ~Jo?.~4 i~Olq~?-- ~-~ - 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 e. paper if necessary', l~c~ 'b~,~,~4C- ~ oM -'3--~6~-~g ~jb, What particular action by the City, or its employees, caused the alleged damage or injury? . SI e 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". Give the name(s) of Zhe City-emplOyee(s) causing the damage or injury' . Name and address of any other person injured: . Name and address ofthe oWner of any damaged property: . Damages Claimed: a. b. C. d. Amountclaimedasofthisdat~: /~,~o..¢-8 ~",,~ / ~oo'r~T/ Estimated amount of future costs: GD. ~'[~ /4u_~ Total amount claimed' ,~Z,7./~, 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. 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. ! certify under penalty of perjury that the foregoing is true and correct. Claimant's Signature: / Executed this I ;~, day of ~ U~~-C- , 19 c)~ . Date Filed: 2:CLAIM (7/96) M :PHERSON TO YO TA 44 AUTO CENTER DRIVE TUSTIN, CALIFORNIA 92782 PHONE (714) 832-3355 MONDAY THRU FRIDAY 7:00 A.M.-7:00 P.M. SATURDAY 7:30 A.M.-5:00 P.M. ALL PARTS INSTALLED ARE NEW UNLESS SPECIFIED OTHERWISE. ALL NEW REp!.ACEMENT PARTS AND LABOR HAVE A LIMIT. ED WARRANTY FOR 12 ~ }d MONTHS REGARDLESS OF MILEAGE. h ALL ADJUSTMENTS ARE WARRANTED FOR 3 MONTHS OR 4.000 MILES B.A.R. # E.P.A. A J-105305 #CA0000195206 (SIGNATUpE (~R INIT!~.L_S) 'By law you may choose another facility to perform any needed repairs or adjustments which the smog Check test indicates are necessary.' CUSTOMER ACKNOWLEDGES RECEIPT OF COPY HEREOF SIGNED AND RECEIPTED X LUJAli,, LOI~INE AEIOIL-DEI)KA ( IIf~OICE TO WORK: ( DRIVER/OWNER INFOi~'4ATION -- II~,~IICE: C72140 FOR OFFICE USE TAG: 1235 Al)V: 523 TROSS, DA INVOICE: PRELIM CUS C PS TAX ~: ICft~N INVOICED AT: 07/06199 17:14:27 ~ IN: 78548 OUT: 78548 DATES BEGIN: 07/06/99 IX)I~: 07/06/5~ LLk~, LORRAI~ AEIO1L-~ I-N)'JE-' ( EXT: ~: ( EXT: VEHICLE INFORMATI~ VIN LICE]'~SE NLRqBER; 93 TOYOTA ~ 413R S~ I~.IITE -_. :DIST:' TOY DATES - PRODUCTIOII: z C~3~JCE. P,H O4 COP, RECTI~ FACTORY X~LLSEOIL FIL'rEi~ ~LUBEOIL FILTER~ , LI. IBE(3~E~ FLUID LEYELS,~TS ~ ~ ~ OIL & FILTER P~T ~ ~ ~ ~SC~IPTION TOY KITA OILOWYq(~ TOY '~915-YZZA2 FILTER S/A, OIL TOY 9O43O-12028 G~ TOY OIL GO8 iO/4OUt~ TYPE: C LI~ FI.A~: HAZ OPERATI~ TECH AMOIJlf[ 04 179 , 8.81 QTY 1 I 1 4 7.~ 7,3O 1,43. 1,43 2,53 10,12 SLI~TOTAL, -- TOTA .14 ZOO 8.81 17.~5 CONCER 1~4F~_ ION ALISN 4. WHmS FACTORY TECH: 179 - HELMICK,~IAN OPERATION TECH 081 179 SLIBTO'T~ TOTAL. ~ FOR CI]I'ICE~I AI~ , 5~.~5 59,95 5~.~5 t::;~::I~CER~{ 51 ~ 1 RIM t ~ TIE CORRECTION SUi~LET TO' JOE HAC ~ ~ AND TIRE PART ~ O~ NOTE 2&lI-1A140-O [ESORIPTION DISC CU R COPY Joe M'acPHERSON TO YO TA 44 AUTO CENTER DRIVE TUSTIN, CALIFORNIA 92782 PHONE (714) 832-3355 MONDAY THRU FRIDAY 7':00 A.M.-7:00 P.M. SATURDAY 7:30 A.M.-5:00 P.M. ALL PARTS INSTALLED ARE NEW UNLESS SPECIFIED OTHERWISE. ALL NEW REPLACEMENT PARTS AND LABOR HAVE A LIMITED WARRANTY FOR 12 MONTHS REGARDLESS OF MILEAGE. ALL ADJUSTMENTS ARE WARRANTED FOR 3 MONTHS OR 4,000 MILES B.A.R..# E.P.A. A J-105305 #CA0000195206 "1 ACKNOWLEDGE NOTICE AND ORAL APPROVAL OF AN INCREASE IN THE ORIGINAL ESTIMATED PRICE," (SIGNATURE OR INITIALS) 'By law you may choose another facility to perform any needed repairs or adjustments which the smog check test indicates are necessary.' . CUSTOMER ACKNOWLEDGES RECEIPT OF COPY HEREOF SIGNED AND RECEIPTED INVOICE TO LUdAN, LORRAI~ FOR OFFICE USE TAG: 1235 AITJ: 523 TR1]SS, D INVOICE]3 AT: 07/06/99 17:14:27 PS ~IVER/~ Ihq:&~qTION- INVOICE: C72140 LU,.~N, LORRAIbE VEHICLE I~ORliATION <)3 CDR13LLA I~iITE LIOENSE ~: ~<) TOY MOLItT~/71~7 0?8955 TECH: 150 - SUBLET TYPE: C lB 15.00 15.00 SUBTOTAL PARTS 85 SUBLET REPAIRS 15.00 TOTAL CHARI3E FOR CONCIE~ 100.0~ · CO(~ 52 ~ FOR'LE~K AT ~ PAN CUSTO~ ~CLIME]) REPAIRS FACTORY TECH: 17<) - HELIIICK, BRINi OPERATI~ TECH N~ 179 ~ .00 SUBTOTAL TOTAL CHAI:U)E FOR ~ . O0 ~31~ 53 I KEf-~(~ PART ft.~'iB~ TOY ~1 F~TORY TECH: i79 - i.[lYII~,,BRIAN 13I~E: C StaY OF CHARGES Fl)'( INVOICE C72140 PARTS 100.13 SUBLET REPAIRS 15.00 WASTE CHG 2.00 iL~0, ~.7~ 185.89 SALES TAX 7.7~ TOTAL CHARGE 193.~5 RO ~8MI'E~S. DESCRIPTION IZY ~ PAID JUL 0 6 1999 ,tOE MAC PFIERSON TOYOTA OPERATI~ TECH A,MOUNT NC 179 B .00 QTY SELL 1S 5.95 5.~5 SUI)TOTAL PARTS 5. ~ TOTAL CHARGE FOR CONCEt:Mq 5.95 PAYI~'T DISTRIBI.ITIOIt FOR INVOICE C7214.0 TOTAL CHARGE l~.b5 1~3.65 RT SIDE AXLE SEAL IS LEAKING PAGE 2 CUSTOMER COPY MacPHERSON 'TOYOTA 44 AUTO CENTER DRIVE HOURS TUSTIN, CALIFORNIA 92782 MONDAY- FRIDAY (714) 832-3111 7:00 AM - 7:00 PM SATURDAY 7:30 AM - 5:00 PM NO REFUNDS WITHOUT THIS INVOICE RECEIVED BY: IMPORTANT WARRANTY INFORMATION Please Read and Sign Before Purchase You should look to the material Drovicled by the manufacturer of the automotive pa~t(s) or accessory(ias) described on reverse side to determine your warranty rights, if any, The manufacturer's warranty, if any, represents a contract between you and the 'manufacturer only and Joe MacPherson Toyota assumes no responsibility or liability under it. Any service provided by Joe MacPherson Toyota unoer such warranty is performed only as agent for the manufacturer, SOLD TO: -- Qi_IF~TE ONLY !7':AL I FORN I A ?268(') S E 6!:14: F) 0 (') 1 I NV~ 6!O00F)O CASH NAD-~ 002001'502 76 CF' O0 M F' 021 / (]) 35 134 07 / 17 / '.-]~'F..' 1:_--~'.--~ 14: 33:45 .. ~.:iTY PART NUMBER DESC L!ST :--;ELL TOTAL i 4";..',"-,,'",'.-.'- 1.,_._ ._..... 224,:") CAP ~.'-:; / A, ._,=,'._-, ...... ......._,._,,:, ......~ ..... ~A_ _, 2'T.-',.. :E; U B T 0 T A L 5 6.2 '2 TAX 4. '--'/- ~ ,.~.1 _1 TOTAL LINE:_'-; 1 1.T.!!_IOTE ONLY 60· 58. THANK YOU FOR CHOOSING JOE MACPHERSON TOYt3TA! WE ARE YOLIR TRD HEADIT.!I_IARTERS! PARTS & APPAREL IN STIEUE:K! ! F'AGE 001 OF 00]. YOUR uRDER WAS FILLED BY f'IAVID A, ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL 20% HANDUNG CHARGE ON ALL RETURNS, PARTS NOT RETURNABLE AFTER 10 DAYS. NO CASH REFUNDS. ELECTRICAL AND SPECIAL ORDER PARTS ARE NOT RETURNABLE. ALL ACCOUNTS DUE lOTH OF MONTH FOLLOWING PURCHASE, 346264 .,