HomeMy WebLinkAbout19 CLAIM A. SKALLERUD 08-02-99 LAW OFFICES OF
WOODRUFF~ SPRADLIN &
A PROFESSIONAL CORPORATION
AGENDA
.RT
NO. 19
8-2-99
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
July 19, 1999
Claim of Alyce Skallerud; Claim No. 99-12
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 send notice
thereof to the claimant and to the claimant's attorneys.
DISCUSSION
The claimant alleges damages due to City negligence in the amount of
$1,000,000. Claimant alleges that the City was negligent and improperly monitored the
renovation of a residence adjacent to her home, specifically 13472 Epping Way. She
contends that the City negligently issued building permits that allowed "over building"
and issued an "unreasonable additional extension request" and otherwise failed to
follow the Tustin City Code in terms of design and construction. This claim stems from
a dispute between neighbors. Ms. Skallerud is unhappy about the addition being
lawfully constructed next door to her home. Contrary to her allegations, the City has not
acted negligently or improperly. Ms. Skallerud has telephoned City staff repeatedly and
has sent numerous letters to City staff, all of which have been responded to in a timely
manner. Ms. Skallerud is simply unhappy that somebody is building a larger home
beside her. She has no legal remedy against the City and this is, in our opinion, a
frivolous claim.
Enclosure
cc: William A. Huston, City Manager
107672\1
Office of the City Clerk
~4arcn z~, 1~
City of Tustin
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5180
Re: Transmittal of Document(s)
Claimant: Alyce Skallerud
Claim No.: 99-12
Filed With City: 3-26-99
300 Centennial Way
Tustin, CA 92780
(714) 573-3026
FAX (714) 832-0825
Receipt of Claim/Summons and Complaint by the City Clerk's Office on:
Date: 3-26-99
Time: 2:32 p.m.
By: X
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.
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 carder(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 3-29-99 to the City Attorney and
Department Head, and the original was forwarded to the Finance Department.
$/i~cerely,
II Chief Deputy Cit
~,! Enoosures
Clerk
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ANDREW J. PRENDIVILLE (#93003)
Law Offices of Andrew J. Prendiville
702 Iris Avenue
Corona Del Mar, California 92625-2227
(714) 721-9396; FAX (949) 721-9398
Attorney for Alyee Skallerud
ALYCE SKALLERUD,
Plainti~
VS.
CITY OF TUSTIN,
Defendant.
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Case No.
CLAIM AGAINST PUBLIC ENTITY
[Oov C §§ 905]
TO: The City of Tusfin:
Alyce Skallemd hereby makes claim against the Cityt~f Tustin for the sum of
$1,000,000 and makes the following statements in support of the claim:
o
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Claimant's post office address is
Notices concerning this claim should be sent to Law Offices of Andrew J.
Prendiville, 702 Iris Avenue, Corona del Mar, California 92625-2227.
3. Alyce Skallemd hereby makes this claim based upon negligent conduct, failure
to adhere to proper building practices, and other errors and omissions by various City of Tustin
employees related to construction activity at ' Plaintiff
Alyce Skallemd makes this claim based upon negligent and improper monitoring of the
renovation of an adjacent residence, spedfic~y
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4. Alyee Skailerud alleges further that the City of Tustin was negligent by the
improper issuance ofbuilding permits for allowance of over-building at
the aforementioned residence, and the issuance of an unreasonable additional extention request
on October 8, 1998, failing to mahdate adherence to the Tustin City Code in terms of design
and construction, and failing to act reasonably as to Building Code enibrcement.
5. As a proximate result of the negligence, plaintiff has been damaged in terms of
the value of her home, enjoyment of her residence, and emotional distress damages.
6. Plaimiff Alyee Skallerud alleges that certain public employees of the'City of
Tustin, including Elizabeth Binsae, were negligent and remiss in allowing the continuance of
the addition at the adjacent residence located at Additionally, permits and
ex-tensions were granted on October 8, 1998.
7. As a proximate result of the negligence, plaintiff has been damaged in the
devaluation of her home, enjoyment of her residence, and has sustained emotional distress in
the amount of J~[,000,000.
Dated · March ~,, 1999
LAW OFFICES OF ANDREW J. PRENDIVILLE
By:
Andrew J. Prendiville
Attorney for Plaintiff Alyce Skallerud
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