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HomeMy WebLinkAbout11 CLAIM ERIC HUANG 02-16-99 LAW OFFICES OF ~X~ZOODRUFF, SPRADLIN & SMART AGE'NI ' . MEMORANDUM NO. 11 2-16-99 TO: Honorable Mayor & Members of the City Council City of Tustin FROM: City Attorney DATE: RE: February 10, 1999 Claim of Eric Huang; Claim No. 99-2 RECOMMENDATION' After investigation and review by the City's claim administrator and by this office, it is recommended that the claim be denied and that the City Clerk be directed to provide notice thereof to the claimant and to the claimant's attorneys. DISCUSSION: The claimant alleges $383.27 in property damage that occurred to his car on Jamboree Road near Edinger. The claimant alleges that a construction worker was directing traffic to the right lane and a sign fell over and broke his car antenna. He also alleges that the wind blew a rock into his headlight. The construction site at Jamboree and Edinger is under the control of the County pursuant to an agreement with the City of Tustin and also pursuant to resolutions adopted by both the County and the City. The County's contractors or subcontractors would have placed any signs there and would be responsible for any damage due to a sign falling over. As to the rock, the City does not have control of the construction site and cannot assure that rocks or other wind driven debris will not cross the roadway. This is a case of no liability for the City of Tustin. ~1:~)1S E. JEFFREY(/ Enclosure cc: William A. Huston, City Manager 1102-9902 75117_1 Office of the City Clerk Carl Warren & Co. P. O. Box 25180 Santa Ana, CA 92799-5180 Re: X City of Tutti 300 Centennial Way · Tustin, CA 92780 (714) 573-3026 FAX (714) 832-0825 Transmittal of Document(s) ~ ~ ¢ Claimant: Eric Huang :~ [/'' I_~ ~ /~ Claim No.' 99-2 J4N .~ 5 Filed With City: 1-13-99 ~;'~,,,,,,,.,, ,, 1999 Receipt of Claim/Summons and Complaint by the City Clerk's Office on: Date' 1-13-99 Time: 4:00 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-Z4-99 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. S?)cerely, : DEndePUo~ur~ City Clef City of Tustin CLAIM AGAINST THE CITY OF TUS~'£N (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: 1. a. NAME OF CLAIMANT: ~ b. ADDRESS OF CLAI _M~NT: 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 claim is submitted against: a. ~ 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: 4. Occurrence or event from which the. claim arises: c. P~CE (Exact and specific location):~k% d. HOW ~nd under what circ~stances did damage or injur-y occur? Specif~ the particular occurrence, event, act or Omission you claim caused the injury or damage (Use additional paper if necessa~) e. WHAT particula ction by the City, or alleged damage - injury? employees, caused the 5. 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". 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 of the owner or any damaged property: 9. Damages claimed: ' a. Amount claimed as of the date: b. Estimated amount of future costs: c. Total amount claimed: d. Attach basis for computation of amoUhts 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. I certify under penalty or perjury that the foregoing is TRUE ~D CORRECT. Executed this '~.__day of ,19 ~ , at Tustin, California. DATE FILED: CLAIMANT ' S SIGNATURE B1: CLFORM R. evised 8/96 I N F I N ! T I 33 Auto Center Drive · Tustin, CA 92782-8402 · (714) 832-611 ~99~ - ~99~- ~99S- ~994- ~99.5- ~99~5 H;jAN0~ ' ,;ANG EF-:ZC 1073 ©aote 1/06t'§q Ik:25:3.9 Oay Pnone: , SOLD BY. ' SHIP VIA MESSAGE ~ i ,22 n i'"' .'",m ~, '~ 'i' · '1 ' PURCHASER I !7:""::%'?" (?"P;O:"NO:'~'i~r"'":':!!~i? ;":"Z~'I ' TAX NO. ~ · -- . ':¥. ,? 4? . .... '... 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