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Home My WebLink About09 CLAIM J. GRAZIANO 05-04-98 LAW OFFICES OF WOODRUFF, SPRADLIN & SMARI A PROFESSIONAL CORPORATION AGENDA MEMORANDUM TO: Honorable Mayor and Members of the City Council City of Tustin FROM: City Attorney DATE: April 29, 1998 RE: Claim of Jamie Graziano; Claim No. 98-4 NO. 9._ 5-4-98 RECOMMENDATION' After investigation and review by this office and by the City's Claim's Administrators, 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 that his car was towed without cause. He seeks $165.00 as reimbursement for towing and impound fees. The City's investigation reveals that the vehicle was towed as an abandoned vehicle because it was parked more than 72 hours in one location. It is our opinion that the claimant's vehicle was properly towed under California Vehicle Code Section 22651(k). Accordingly, the City of Tustin is not liable to the claimant for reimbursement of the towing chargers. I . Enclosure cc: William A. Huston 1102-9804 62133_1 Office of the City Clerk danualry zz, 1~ Carl Warren & Co. P. O. Box 25180 Santa Ana, CA 92799-5180 Re' Transmittal of Document(s) JAN 2 ? 1998 '.WOODRUFF, SPR~u~ .... ~c,~Ah.' C ity of Tustin 300 Centennial Way Tustin, CA 92680 (714)' 573-3026 FAX (714) 832-0825 Claimant- Claim No.' Filed With City- Jamie Graziano 98-4 1-22-98 Receipt of Claim/Summons and Complaint by the City Clerk's Office on- Date- 1-22-98 Time- 10- 10 a.m. By' Personal Service upon the undersigned Regular Mail Certified/Registered Mail Interdepartment Del ivery 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 1-26-98 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. jbL.cerely' ,/ ..-'., ,'q / ?~' j' ;" B;verl ey W~l.' t~ Deputy City Clerk Er~: [osure$ City of Tustin M AGAINST THE CITY OF ~ IN (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 CLAIMANT: 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 cla'imant desires notices to be sent (if other than above): 3. This cla~ is submitted against: .a. ~/ The City of Tustin only. b. ' The following employee(s) of the City of Tustin only: Ce The City of Tustin and the following employee(s) of the City of Tustin only: 4. Occurrence or event from which the claim arises: a. DATE: ~.~-C%~ b. TIME: C~C~ ~ ~ \'7_00 ~ ~ c. PLACE (Exact and Specific location): ~C2f~ ~- ~)~c~-~' C. 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 paper if necessary): e. WHAT particul ~ction by the City, alleged damage ~r 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:. ~ \kD .~ d. Attach basis for computation of amounts~laimed (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 AND CORRECT. Executed this day of ~ ,19 ~, at Tustin, California. DATE FILED: ~.' \~' q S · Bi: CLFORM ' Revised 8/96 I ?JV(~ ! ~"!" Il 1 !(~(-~/.tlr 1') '; ;I · ,'.{1() I'~\1'11"1(;: ~ 1V.I'{ M('I ,\.Wl.'N Hi I 1 . I. · t . · R(). '/.~. ()0 ?..(~. ()() ~ ; ':" ' " '~:~ "i THIS VALIDP. TED REGISTRATION CARD OR A FAC._'_,I;IIL.F'_ COPY IS TO BE K['F'T I.'JIT~: TIIE VEHICLE FOR WHICH ISSUED. IT NEED NOT PEACE OFFICER UPON DEMAND. "W:IEN WRITING TO DM'J, ALWAYS GIVE ','OUR FULL NAME, PRESENT ADDRESS, AND THE VEHICLE'S MAKE: LICENSE, AND IDENTIFICAT!nN N!)MD. ERS. IF YOt! DO NOT RECEIVE A RENEWAl_ NOTICE, USE TI-IlS FORM TO PAY YOUR RENEWAL. FEES ['IR NOTIFY THE DEPARTMENT OF TFIE NON-OF':'Z.'-cATIOI',IAL STATUS OF A VEHICLE ($,_5). YOU MUST DO THIS ON OR BEFORE'_ THE VEI~ICLE EXF'IRATIOI',I DATE nR THE FOLLOWING F'ENALTIES WILl._ DE DU."-: * FUR A pERIOD OF ONE TO TEN DAYS LATE· 10" OF TIlE FEES DUE FOR THP. T YEAR. * FOR A PERIOD OF ELEVEN TO T~IIRTY DAYS LATE '"'"):' OF THE FEES DUE , OR THAT 'YEAR. * FOR A PERIOD OF THIRTY-ONE DAYS TO ONE YEAR LA]E, 60% OF THE FEES DI..IE FOR THAT YEAR. · . wl]R A PERIOD OF MORE THAN ONE YEAR· UF' TO AND INCLUDING TWO YEARS~ 00% OF THE FEES DUE FOR THAT YEAR. * FOR A PERIOD OF~ MORE THAN TWO YEARS~ 160% OF' Tt:E FEES DUE FOR ]'°HA]' YEAR. IF' YOLI ARE CITED FOR NOT REGI~-'rc'").ING A '"-' CL. ...... .~,", ~I ~- T:IE COURT MAY I~°n~'~ '~'-) '" · ~ ~' LJ--.),' A .,'..J% 'FO $]5F) FINE. ******,~'~**-**** DO NOT DETACH - REGI"";,_,TERE'-D OWNER INFORMATION *****.*..~.~.~-e.-x-,~ REGISTRATION CARD VALID F~'',,OM: -"",.-_ '..".- .., 9.', TO.' O1,"~'~'--'-.','70 ~ YR MODEL HOND 85 BODY TYPE MODB 2H TYPE V~NICLE [~ AUTOMOB I [.E G YR I ST SOLD VLF CLA~. -'~ TYPE '~H AA.. AD ~, ,..' 1 MO CH DATE I~SLED CC/ALCO DT FEE R[C',~ PIC A 1 ,' 1 ._'5-./97 ;'~,") ;" ! ," ~ ;'. ' '"-' -"- REGISTERED OW)ER GRAZIANO JAMIE D TYPE LIS LICD~]] NL~iBER 11 . ? VEHICLE ID Nt~R ~E TAX STICKDI ISSUED ~.'q'. W 1'"'-" 1 1-:') ,'.-- .q'2. / '--)' . PR EXP DhTE: '._')1/22/'?,6. AMOUNT PA I D $ 179.00 LID&4OLDER