HomeMy WebLinkAbout14 CLAIM LOFTUS 09-21-98 LAW OFFICES OF
WOODRUFF, SPRADLIN & SMART
A PROFESSIONAL CORPORATION
AGENDA
MEMORANDUM
No. 14
9-21-98
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
RE:
September 16, 1998
Claim of Caroline Loftus; Claim 98-28
RECOMMENDATION.:
After investigation and review, it is recommended that the City Council deny the
claim and direct the City Clerk to send notice thereof to the claimant and to the claimant's
attorneys.
DISCUSSION:
Claimant alleges approximately $300.00 in damages to her car from a paint spill at
the corner of Holt and irvine Avenue. City investigation shows that latex house paint was
spilled sometime on the road in question by an unknown party. The City was not
responsible for this spill and only found out about this spill after it had occurred. Under
these circumstances, the City is not liable for a dange~rous condition .of public property.
k-L-(~lS E. JEFFREY~J / I d
Enclosure
cc: William A. Huston, City Manager
1102-9828
68343_1
CiTY OF TUSTIN
C. ,IM AGAINST THE CiTY's.. 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 e~ent 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:
.
.
a. Name of Claimant: ~_~////~
b, Address of Claiman?-~/
c. City~ip 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. ~ The City of TUstin only.
bo 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:
a. Date' 7---/~/~--~>
b. Time: ~~~~~~.~..
c. Place (E.~ct _and Specific L---~-~tion):
'~,~ r ~ ./.~-..~. ......... .
d. How and under what circumstances did damage or injury occur? Specify the particular
occurrence, event, act or omission you claim caused the injury or damage (use additional
e.
paper if necessary.
.a~,~?,,~/~,particular action by the City, or its employees, caused 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 no injuries, state "no injuries"..
Give the name(s) of the City employee(s) causing the damage or injury:
.
Name and address o'f any other person injured'
.
.
-10.
Name and address ofthe owner of any damaged property:
Damages Claimed-
a. Amount claimed as of this date'
b. Estimated amount of futu~costs: ~..__..
c. Total amount claimed: _~~
d. Attach basis for computation of amounts claimed (include copies of all bills, invoices,
estimates,' etc.) ~-~ .-¢-~'¢~c~/
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)
! 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
Date Filed'
2:CLAIM
DAMAGE REPORT
07/15/98'at 12'14
AE 018363-028059954
LOFTUS
D.R. 31627-1076862
Est' 1. CHRIS
THEODORE ROB I NS
QUALITY IS JOB #1
2060 HARBOR BOULEVARD
COSTA MESA, CA 92628-5055
(949) 642-0010-252
Owner' CAROLINE LOFTUS
Address-
Day Phone- (
Other Ph- ( ) - -
Deductible: $ 0.00
Insurance Co.-
Claim No.-
Adj.·
Phone-
92 FORD EXPLORER 4X2 XLT 4D UTV PA-GREEN 6-4.0L-FI
Vin' License' CA Prod Date: 3/92 Odometer:
Automatic transmission
Power windows
Power mirrors
Dual mirrors
Tilt wheel
Am radio
Anti-lock brakes (2)
Recline/lounge seats
Metallic paint
NO.
1'
2*
3*
4*
5*
6*
Power steering
Power locks
Tinted glass
Air conditioning
Cruise control
Fm radio
Luggage/roof rack
Aluminum wheels
Rear step bumper
----
OP. DESCRIPTION OF DAMAGE QTY
------ mm
Repr CLEAN OFF PAINT OVER SPRAY
FROM LEFT & RIGHT 1/4 MLDG'S 1
Repr UNDERCOAT & PAINT ALL WHL WELL 1
Repr CLEAN OFF PAINTED SURFACE FROM 1
PAINT OVER SPRAY 1
Repr CLAEN ALL 4 TIRES 1
Power brakes
Power driver seat
Body side moldings
Rear. defogger
Rear window wiper
Stereo
Cloth seats
Clear coat paint
Trailering package
PART
COST LABOR PAINT
MISC
Subtotals ===>
1.0
4.0
3.0
2.0
0.00 10.0 0.0
0.00
Page: I
DAMAGE REPORT
07/15/98 at 12:14
AE 018363-028059954
THEODORE ROB I NS
QUALITY I$ JOB #1
2060 HARBOR BOULEVARD
COSTA MESA, CA 92628-5055
(949) 642-0010-252
LOFTUS
D.R. 31627-1076862
Est' 1. CHRIS
Parts 0.00
Body Labor 10.0 units @ $30.00 300.00
SUBTOTAL $ 300.00
Tax on $ 0.00 at 7. 7500% 0.00
GRAND TOTAL $ 300.00
Estimate based on MOTOR CRASH ESTIMATING GOIDE. Non-asterisk(*) items are derived from the Guide DR2MF91. Database Date 0/0
Double asterisk(**) items indicate part supplied by a supplier other than .the original equipment manufacturer.
CAPA items have been certified for fit and finish b~ the Certified Auto Parts Association.
NAGS Part Numbers,'Prices and Labor Times are provided from National Auto Glass Specifications, Inc.
EZEst - I product of CCC Information Services Inc.
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