HomeMy WebLinkAbout12 CLAIM R. MORALES 07-20-98LAW OFFICES OF
WOODRUFF~ SPRADLIN & SMA~
A PROFESSIONAL CORPORATION
AGENDA
TO:
MEMORANDUM
Honorable Mayor and Members of the City COuncil
City of Tustin
FROM: City Attorney
DATE:
RE:
July 15, 1998
Claim of Rogelio Morales; Claim No. 98-25
NO. 12
7-20-98
RECOMMENDATION:
After investigation and review by this office and by the City's Claims Administrators
it is recommended that the City Council deny the claim and send notice thereof to the
claimant and to the claimant's attorneys.
DISCUSSION.:
The claimant alleges that a burning tree on adjacent property damaged his car. The
claimant seeks $2,500 in damages. However, the tree in question is not on property within
the City of Tustin. It is either located in the City of Santa Ana or in the unincorporated
area. The City's Claims Administrators have sent a letter to the claimant notifying the
claimant that the tree is not within the jurisdiction of the City of Tustin. The notice of
rejection of this claim.will start the statute of limitations for the filing of any lawsuit. Please
be advised that we have been successful in the .past in discouraging claimants from
actually filing any lawsuits where we have evidence'that the incident occurred on property
outside the City of Tustin. We anticipate that we will be successful in this case as well.
However, should any lawsuit be filed, it is our practice to immediately send a letter to the
claimant's attorneys advising them again of their potential liability for the City's legal fees
should they proceed against the City in a case where the City is obviously not a proper
defendant.
LOIS E. JEFFREY P" '~
Enclosure
cc: William A. Huston, City Manager
1102-9825
65626_1
Office of the City Clerk
3une 16, 1998
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5180
City of Tustin
300 Centennial Way
Tustin, CA 92680
(714) 573-3026
FAX (714) 832-0825
Re'
X
Transmittal of Document(s)
Claimant: Rogelio Morales ~" ~.~/.~'
Claim No.: 98-25 '
Filed With City: 6-15-98
Receipt of Claim/Summons and Complaint by the City Clerk's ..........
Date' 6-15-98
Time: 12:20 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, Attn: Lois E.
3effrey, 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 6-16-98 to the City Attorney and
Department Head, and the original was forwarded to the Finance Department.
ncerely,
Beverley Whi[,.~
Depu~ Cig/Clerk
Endosures
CITY OF TUSTIN
CL /I AGAINST THE CITY C ,'USTIN
(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
sixf6) 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:
. a.
~f.
g.
Address of Claimant:
City/Zip Code:
Telephone Number: _ ~
Date of Birth'
Social SeCurity Number:
.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.
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:
a. Date:
b. Time:
c. P!a.ce (Exact and Specific Location):~c~?g/~
/ -
d.
How/and u~der 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. Wh_~_at, part~'cular action by ZtheTC'it¥, or its
~amage or injury7
I ' "' '~ ~' ' ~ /
T ~ .. , ', .' .,... . -. ~" /. , ~ , ._ , ~ ~ -c , '"~:., t
, e a descnpt~on of the ~nCury, property damage or ~oss so far know'at the time of
If therg were no injuries, state "no injuries". , ~ / . /
Give the name(s) of the City employe~s) causing the damage or injury:
~ ,
.
Name and address of any other person injured'
.
Name and address of.the owner of any damaged property:.. -~'~O -.-~-~,~
._ _~_~ ~./? ~, ~ ~- .~, ~,~ .~. . . ~ ~, '~'
.
Damages Claimed:
a. Amount claimed as ofthis date:
b. Estimated amount of future costs.
c. Total amount claimed:
d. Attach basis for computation"~---of amounts claimed ! !1 bills invoices,
estimates, etc.) .~ /,%p___~/~/ '~L,L~ '~D~/~ . (inc ude copies of a ,
10.
WARNING:
Names and/addresses of all witness'es, hospitals, doctors, etc.
IX," (~,
>q~,~, a,,;~,
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'
,19
2:CLAIM