HomeMy WebLinkAbout14 CLAIM F. ZULOAGA 09-08-98 LAW OFFICES OF
WOODRUFF, SPRADLIN & SMAR~I
GROFESSIONALCORPORATION
A ENDA
MEMORANDUM
NO. 14
9-8-98
TO: '
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
RE'
September 2, 1. 998
Claim of Felix Zuloaga; Claim No. 98-19
RECOMMENDATION:
After review by this office and the City's Claims Administrator, it is recommended
that the City Council deny the claim and direct the City Clerk to send notice thereof to the
claimant and the claimant's attorneys.
DISCUSSION:
The claimant alleges in excess of $10,000 in damages for injuries he sustained
while walking in a landscape strip on the south side of Industrial Way. The claimant
alleges he tripped and fell in a hole. It is not clear that the location is City property, but
even if it is, we do not have evidence of a dangerous condition of public property. We have
not been able to locate the "hole." In any event, pedestrians are not invited to walk in
landscaped areas, and if they do, they need to use due care.
~OIS E. JEi~F~ ~
Enclosure (copy of claim)
cc: William A. Huston, City Manager
1102-9819
67795_1
Office of the City Clerk
May 19, 1998
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799,5180
Re: Transmittal of Document(s)
Claimant: Felix Zuloaga
Claim No.: 98-19
Filed With City: 5-18-98
I
City of TL stin
300 Centennial Way
Tustin, CA 92680
(714) 573-3026
FAX (714) 832-0825
Receipt of Claim/Summons and Complaint by the City Clerk's Office on:
Date: 5-18-98
Time: 10:50 a.m.
By:
Personal Service upon the undersigned
Regular Nail
Certified/Registered Mail
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 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 5-19-98 to the City Attorney and
Department Head, and the original was forwarded to the Finance Department.
Sincerely,
/! I
Beverley White: )
Deputy City ClerlF,'
Enclosures
301 East Ocean Boulevard, Suite 460
Long Beach, California 90802
(562) 624-1177
Facsimile (.562) 624-1178
Refer to file:
City Clerk
City of Tustin
300 Centennial Way
Tustin, CA 92680
Re: Government Claim
Felix Zuloaga
DOL: 12/02/97
May 12, 1998
Dear City Clerk:
The following letter shall serve as formal notice of a Government
Claim in accordance with Government Code, Section 911 et seq.
The Claimant: Felix Zuloaga
Age of Claimant: DOB
Home Address:
Home Telephone Number: .
Legal Representative: Alexis Galindo 562-624-1177
301 E. Ocean Blvd., Ste 460
Long Beach, CA 90802
How Did Injury Occur: I fell in a hole which was left uncovered
and exposed. Right ankle fracture
When Did Injury Occur: 12/02/97 9:00 P.M.
Where Did Injury Occur: In the sidewalk area of
1302 Industrial Dr., Tustin, CA
What Act or Omission Caused the Injury: The City public works
department failed to cover the open hole and/or failed to warn of
the exposed hole in the ground.
Amount Claimed: The amount exceeds $10,000.00 and the action will
be filed in superior court.
Insurance Payments Received: This information is not available at
this time.
-Expenditures Made on Account of Injury: Ail of the medical billing
has been processed by Kaiser Permanente.
Name and Address of Doctors:
Kaiser Permanente
9400 Rosecrans Blvd., Bellflower, CA 90706
9449 Imperial Hwy., Downey, Ca /.9.~-24~/
/ ? C~I~T
Sincerer?, /"
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