HomeMy WebLinkAbout11 CLAIM DEBRA BAIN 07-06-99 LAW OFFICES OF
~OODRUFF~ SPRADLIN & .... ART
A PROFESSIONAL CORPORATION
AGE DA
MEMORANDUM
NO. 11
7-6-99
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
June 29, 1999
Claim of Debra Bain; Claim No. 99-21
RECOMMENDATION'
After investigation and review by this office and 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, if any.
DISCUSSION:
This claim stems from a traffic accident that occurred at Warner near Jamboree
in the City of Irvine. The Claimant is not yet represented by an attorney and it is
presumed 'that the Claimant simply did not understand where the jurisdictional
boundaries lay. The City's Claims Administrator is preparing a letter to the Claimant
notifying her that the incident occurred outside the City of Tustin so the City of Tustin
has no responsibility.
/, i
LOIS E. JEFFREY" ,,, /,.,' , ~
Enclosure
cc: William A. Huston, City Manager
106928\1
dune 23, ]999
Woodruff, Spradlin & Smart
Attn.: Lois Jeffrey, City Attorney
Claim : 98-21
Principal :City of Tustin
D/Event :5/26/99
Rec'd Y/Office : 6/16/99
Claimant : Debra Bain
Our File : S 104948 PC
JUN 3 4 1999
We have reviewed the above referenced claim and request that you take the action
indicated below:
· CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please provide us with a copy of the rejection letter. If you have any questions, please
contact the undersigned.
Very truly yours,
CARL WARREN & CO.
Paul Curran
P.S. - This incident happened in Irvine, hence the rejection request.
Cc: City of Tustin, Attn.: Ronald Nault, Finance Director
CARL WARREN & C O.
CLAIMS MANAGEMENT. CLAIMS ADJUSTERS
750 The City Drive · Suite 400 · Orange, CA 92868
Mail: P.O. Box 25180 · Santa Ana, CA 92799-5180
Phone: (714) 740-7999 · (800) 572-6900 · Fax: (714) 740-7992
Office of the City Clerk
JBne 1/, ±~J~J~
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5:180
ity of Tustin
300 Centennial Way
Tustin, CA 92780
(714) 573-3026
FAX (714) 832-0825
Re: Transmittal of Document(s)
Claimant: Debra Bain
Claim No.' 99-2:1
Filed With City: 6-16-99
X
Receipt of Claim/Summons and Complaint by the City Clerk's Office on'
Date: 6-:16-99
Time: :[2:30 p.m.
By:
Personal Service upon the undersigned
Regular Hail
Certified/Registered Hail
]: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, At-tn: Lois E.
.leffrey, City Attorney. By this letter, you are authorized to comm~ence 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 6-:17-99 to the City Attorney and
Department Head, and the original was forwarded to the Finance Department.
,Si?cerely, ,?
· ' , ,,. : .' ',. )
EDnedoPsuU~ City clerk .
City of Tustin '
CLAIM AGAINST T~E 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 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:
b. ADDRESS OF CLAI~T:
c. CITY/ZIP CODE:
d. TELEPHONE NO: (
e. DATE OF BIRTH: ,,
f. SOCIAL SECURITY NO:
g. DRIVERS LICENSE NO:
2. Name, telephone and post office address to which claimant desires notices
to be sent (if other than above):
3. This cl)~im is submitted against:
a. 'v~' The City of Tustin only.
b. The following employee(s) of the City of Tustin 6nly:
C.
The City of Tustin and the following employee(s) of the City
of Tustin only:
4. Occurrence or event from which the claim arises:
a.
b.
c.
TIME: ~: LSO'lgmq , ,
P~CE (Exa~t~d specific location) :: ~~~ K~nO ~0~ ]Q%~5
HOW and under what circ~stances did damage or inju~ occur? Specify
d.
the particular occurrence, event, act or Omission you claim caused
the. injury or damage (Use additional paper if ~ecess, ary): _
e. ts employees, caused the
WHAT particu!, action by the City, o.
alleged damage or injury?
Give a description of the injury, property damage or loss so far known at
the time of AthJ~s claim. If there were no injuries, state "no injuries".
Give the name(s) of the City employee(s) causing 'the damage or injury:
7. Name and address of any other person injured:
8. Name and address of the owner or any'damaged property:
9. Damages claimed: ~
a. Amount claimed as of the date: I~
b. Estimated amount of future costs: ~
c. Total amount claimed: ~/AqDc-~
d. Attach basis for computation of amounts claimed (include copies of
all bills, invoices; estimates, etc.
i0. Names and addresses of all witnesses, hospitals, doctors, etc.
WARNING:
IT IS A CRIMINAL OFFENSE TO FII,R 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
t~e. I certify under penalty or perjury that the foregoing is' TRUE ~_ND
CORRECT.
Executed this Z~ day of ~ ,19~ , at Tustin, California.
DATE FILED:
CLAIMANT ' S SIGNATURE
Bi: CLFORM
Revised 8/96
TiliE: 07:55
.¢.,UTH '"'"
l~ L-" ':~' :' "'-: ¢ -'
T.~::..N TYPE '.-":'~ =
ACCOUNT ~
42B??28808253?'.-T'8
TOTAL ~0 ~
~AF'
Be, IN /
· " '~:-n:,- ~pD.--t-. ~DUT .......
.....
-- .
· .
:(-.-.-........'.':. _..-. ;'.....-.- . ....' .....-.
·
.
. .
!-
.
i45~ AUTO .HLL
CLERK
REF NO i874i002
AUTH NO
ACCOUNT ~
· i .-":A .........
i.64
I ~,G?£E TO ='"":
· Vn, A~VE TOTALn~'n'"'-'~:uu.~:
Ar-r-nonTua TO '-':'?':'
;.lu,-,.'b,,~,,, TF u..-,,..,,.,.,
O0
O0
-1,1-1.1
~,~0
.~z
"Dr"
ri.ir-
om
:':
)>r-
o~
~ m
0
~ c
..
~--
.-.
0 Z
"...