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HomeMy WebLinkAbout06 CLAIM J. HERRON 06-07-99 LAW OFFICES OF '~¥OODRUFF~ SPRADLIN & A PROFESSIONAL CORPORATION AGENDA .ART MEMORANDUM NO. 6 6-7-99 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 May 18, 1999 Claim of Julie Herron; Claim No. 99-4 RECOMMENDATION: After investigation and review it is recommended that City Council deny the claim and direct the City Clerk to send notice thereof to the claimant and to the claimant's attorneys. DISCUSSION' An unknown party allegedly broke into the claimant's vehicle while it was parked in the library parking lot adjacent to City hall. The claimant alleges $386.29 in property damage to repair her car window. While it is unfortunate that this incident occurred, the City is not responsible for the acts of third parties in such a situation. The Police Department is aware of the incident. LOI,~ E. JEFFREY Enclosure cc: William A. Huston, City Manager 104968\1 Office of the City Clerk January/_'~ .L~'~' Carl Warren & Co. P. O. Box 25180 Santa Ana, CA 92799-5180 Re: Transmittal of Document, s) Claimant: .lulie Herron Claim No.: 99-4 Filed With City: 1-28-99 C ity of Tustin 300 Centennial Way Tustin, CA 92780 (714) 573-3026 FAX (714) 832-0825 X Receipt of Claim/Summons and Complaint by the City Clerk's Office. on' Date: 1-28-99 Time' 12:35 p.m. By: X PersOnal Service upon the undersigned Regular Mail Certified/Registered Mail :[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, 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 1-29-99 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. Sincerely, Beverley White Deputy City Cler-" -' Endosures CITY OF TUSTIN Cl_ IM 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 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 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: ~rl~[ i ~, b. Address of Claimar~t:.|~¢Ct~ 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): . This claim is submitted against: a. v"' 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: b. Time: ~)~:/.,L)e~) .~/0_,~ 4 r~ ~ ~f2~ c. Place (Ex&ct and Specific Location): ~¢~ E. d. How and under wha~ circumstan(Jes did damage or injUry occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional e~ What particular action by the City, or its employees,, caused, the alleged damage or injury? o/- r ; - ' I Se 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". 0 . ,~ 6. 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 ofthe owner of any damaged property: . 10. Damages Claimed: a. Amount claimed as of this date- b. Estimated amount of fut,,ure costs: c. Total amount claimed: ~'.,~'b-~ ~/ d. Attach basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.) Names and addresses of all witnes.ses, 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 Date Filed- 2:CLAIM (7/96)