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HomeMy WebLinkAbout11 CLAIM F. ROSADO 09-20-99 LAW OFFICES OF WOODRUFF, SPRADLIN & SMART A PROFESSIONAL CORPORATION NO. 11 9-20-99 AGENDA 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 Frances Rosado; Claim No. 99-33 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 claim for property damage in the amount of $270.00. Claimant alleges that her car was scratched by another vehicle in the Senior Center Parking Lot. She does not know who the driver was or the identity of the vehicle. As this incident did not involve a City employee or dangerous condition of public property there is no City liability. LOIS E. JEFFREY/" ~" Enclosure cc: William A. Huston, City Manager 110307\1 Office of the City Clerk August 5u, 1WWW 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: Frances Rosado Claim No.: 99-33 Filed With City: 8-30-99 X Receipt of Claim/Summons and Complaint by the City Clerk's Office on: Date: 8-30-99 Time: 3:00 p.m. By: X Personal Service upon the undersigned Regular Nail Certified/Registered .Nail .. 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. .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, 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 Attomey. Other: A copy of this letter and enclosures were sent on 8-31-99 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. Sincerely, ¢~L~ Valerie Crabill Chief Deputy City Clerk Enclosures CITY OF TUSTIN CLA~n/I AGAINST THE CITY OF TUoTIN (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 Tus'tin, 300 Cehtennial 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): ~ ~ Si This claim is submitted against: a. !//' The City of Tustin only. b. The folloWing employee(s) of the City of TUstin only: The City of T. ustin and the following employee(s) of the City of Tustin only' 4, Occurrence or event from which the claim arises: a. at,: b. Time: ~1/~ ,3'.'/~1~ P N c. Place (E]xact ah~Sp~_.cific Location)' d. -Row and u~der v~hat circumstances did damage or' injury occur? specify the particula,' occurrence, event, act or omission you claim caused the injury or damage (use additional e! Wheat particular action by the ~ity,' or its employu--~s, cauCsed the alleged damage or injury?' . . Give a description of the injury, property damage or loss so far known at the time of this claim. If there were noinjuries, state "no injuries". ~ / /~ Give, the nar~e(sJ of the City e .mploy~,e(s) causiQg the damage ~ injury: . . Name and address of the oWner of any damaged property' . .10, Damages Claimed' a, b. C, d. Amount claimed as of this date: Estimated amount of future costs: Total amount claimed: Attach basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.) 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. I certify under penalty of perjury that the foregoing is true and correct. Claimant's Signature: / Executed this day of -- , 19 2:CLAIM (7/96) Date: Estimate ID: Estimate Version: Preliminary Profile ID: 8/25199 11:24 AM 3327 0 SF CALIFORNIA CLASSICS PAINT & BODY 1650 E. EDINGER SANTA ANA, CA 92705 (714) 542a811 Fax: (714) 542.4210 Damage Assessed By: JOHN BARNA Deductible: UNKNOWN Owner FORD Description: 1986 Ford Tempo GL Body Style: 4D Sed Options: DIESEL ENGINE line Entry Labor Item Number Type Operation I O2512O BDY 2 AUTO REF 3 027700 BDY 4 AUTO REF 5 933012 REF 6 AUTO REPAIR REFINISH REMOVE/REPLACE ADD'L OPR ADD'L. OPR ADD'L COST Mitchell Service: 910615 Drive Train: 2.0L 4 Cyl Dsl 5M Une Item De_ ~c_~iption LUGGAGE UD PANEL LUGGAGE LID OUTSIDE R COMBINATION LAMP LENS CLEAR COAT STRIPE ' . -. ' ' pAINT/MATERIALS Part Type/ Part Number Existing E63Z 1345O A Dollar Labor Amount Units 3.0° 9 10.00 ' 0.0' 62.00 ' * - Judgement Item C - Included in Clear Coat Calc IlL Addl Labor Sublet Labor Subtotals Units Rate Amount Amount Totals Body 3.0 30.00 0.00 0.00 90.00 Refinish 3.1 30.00 10.00 0.00 103.00 Non-Taxable Labor Labor Sunvnary 6.1 193.00 193.00 Additional Costs Amount Taxable Costs 62.00 Sales Tax ~ 7.760% 4.81 Total Additional Costs 66.81 Part Replacement Summary Taxable Parts Sales Tax ~ Total Replacement Parts Amount IV. Adjustments Customer Responsibility 7.750% Amount 102.85 7.97 110.82 ~uTmunt 0.00 ESTIMATE RECALL NUMBER: 8/26/99 11:22:28 3327 UltraMate is a Trademark of Mitchell International Mitchell Data Version: AUG 99 A Copyright (C) 1994 - 1999 Mitchell International - - Ail Rights Reserved Page I of 2 Date: 8/26J99 11:24 AM Estimate ID: 3327 Estimate Version: 0 Preliminary Profile ID: SF I. Total Labor: 193.00 II. Total Replacement Parts: 110.82 III. Total Additional Costs: , 66.81 Gross Total: IV. Total Adjustments: Net Total: This is a preliminary estimate. Additional chanqes to the estimate may be required for the actual mr)air. ESTIMATE RECALL NUMBER: 8/26/99 11:22:28 3327 UltraMate is a Trademark of Mitchell International Mitchell Data Version: AUG_99_A Copyright (C) 1994 - 1999 Mitchell International All Rights Reserved Page 2 of 2 t