HomeMy WebLinkAbout17 CLAIM K. DOWNEY 07-07-98 LAW OFFICES OF
WOODRUFF~ SPRADLIN & SMAR.
A PROFESSIONAL CORPORATION
AGENDA
MEMORANDUM
NO. 17
7-7'98
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
RE:
July 1, 1998
Claim of Kelly Downey; Claim No. 98-13
RECOMMENDATION:
After investigation and review by this office and the City's Claims Administrators 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 ·
The claimant is a neighbbr of Frank Hunter, claimant for City Claim No. 97-48. The
claimant alleges $494.00 in damages due to cleaning out her sewer lateral in September
of 1997. Claimant does not provide any evidence that the City either owns the lateral or
that a City tree caused' the problem. Evidence from the Sanitation Districts that clean out
the local sewer manholes is that the problem was due to a weakened sewer lateral' and
roots from the claimant's or other private property. ?
LOiS E. JEFFREY/
~J
Enclosure
cc: William A. Huston, City Manager
1102-9813
65030_1
Office of the City Clerk
I I
March 10, 1998
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5180
C
ity of Tu'stin
300 Centennial Way
Tustin, CA 92680
(714) 573-3026
FAX (714) 832-0825
Re:
Transmittal of Document(s).
Claimant: Kelly Downey
Claim No.: 98-13
Filed With City: 3-10-98
Receipt of Claim/Summons and Complaint by the City Clerk's Office on:
Date: 3-10-98
Time: 1:15 p.m.
By:
Personal Service upon the undersigned
Regular Mail
Certified/Registered Mail
Interdepa.rtment Mail
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 3-10-98 to the City Attorney
and Department Head, and the original was forwarded to the Finance Department.
S,~cerely, ,,
Valerie Cranial 1
Chief Depu~-y/City Clerk
Enclosures
CITY OF TUSTIN
CLA "-'GAINST THE'CITY OF - TIN ,
(For Damo 's to Persons or Personal r'roperty)
·
.
The law provides generally that a claim must be filed with the City Clerk of the City of Tustin within
~ix (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:
i
a. Name of Claimant:
b. Address of Claimant:
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 clai,~is submitted against:
a. F' The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
Gl
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. Place (,Exact and Specific Location)-
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.~. Wh~a.t part~-'i-c.~ction b~ the City,/or its employees, caused t. he, alleged damage, or injury?
5. G~ve 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 of any other person injured'
.
Name and address ofthe owner of any damaged property' ~///~
.
10.
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 (include copies of all bills, invoices,
estimates, etc.)
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 inf°rmation 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 {7/96J
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