The URL can be used to link to this page

Home My WebLink About10 CLAIM D. MCCAUSLAND 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 Claim of Drew McCausland; Claim No. 98-11 RE: RECOMMENDATION: After review and investigation by this office and the City's Claim's Administrators, it is recommended that the claim be denied and that the City Clerk be directed to give notice thereof to the claimant and to the claimant's attorneys. DISCUSSION' The claimant is alleging $1,132.78 in damages when a room in his home was flooded. It appears that when a City contractor was working on the sidewalk, the contractor replaced a portion of the claimant's drain line with a smaller drain. This claim has been tendered to the City's contractor. The City has replaced the drain section with a larger drain section. Because of the contractor involvement, we are recommending denial of the claim by the City Council.' ~:~/~ ~'--~.~_/~/~ · "' ~ ' . '.~,, ,~, /,.,,,,_.-r' Enclosure cc: William A. Huston, City Manager 1102-9811 62139_1 Office of the City Clerk ~arcn =, i~o Carl Warren & Co. P. O. Box 25180 Santa Ana, CA 92799-5180 Re- Transmittal of Document(s) .... City of Tust ~; · '~OOD~!JF~'. ,.~i-,, ............. 300 Centennial Way Tustin, CA 92680 (7'14) 573-3026 FAX (714) 832-0825 Claimant' Drew McCausl and Claim No.' 98-11 Filed With City' 3-5-98 Receipt of Claim/Summons and Complaint by the City Clerk's Office on' Date' 3-5-98 Time' 8-55 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 3-5-98 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. S~illcerely, e;'er e Deputy C~ty~erk Eric t osures city of Tustin C~IM AGAINST THE CITY OF (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 92680 . 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: 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 claimant desires notices to be sent (if other than above): 3. This claim 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 Cit~ of Tustin only: 4. Occurrence or event from which the claim arises.: b. TiME: ~:~ ~ c. PLACE (Exact and specific location): d. HOW and under what circumstances did damage or injury occur? Specifk t~te particular occurrence, event, act or omission you claim caused t~.e injury or damage (Use additional paper if-necessary): WHAT particul~ ction by the City, or ; employees, caused the all Y~ ~A$ ~) '~d{!iL/..~4~ i,u;"--,~ ~,z~_ ~i'~ ~'fLk ~l~'~.t,~£~'z',~.'-'~' eged damag,e i_njUry? 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: 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&F~o~T c. Total amount claimed: d. Attach basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc. 10. Names and addresses of all witnesses, hospitals, d°ctors, 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 knowle.dge, 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 2'~ day of F'~,~. ,19 ~ , at Tustin, California. DATE FILED: CLAIMANT' S SIGNATURE B 1 ' CLFORM Revised 4/29/91 LETER ! 5S Drew McCausland WATER ist damage during rain storm c,n 12-20-97 and !'2-2i-97. The back yard ~il!ed up and leaked into our ~a~i-,,e room. My wi~ue · ~ontracted with S=rvpro o~ Tust~n who cleaned up water and le~t blowers to dry out the room. 2nd damage durin~ storm on 1-?~-~8. The back va~-d i 1 led up and leaked into the our game room again, but not as bad as before. ~ ~ieaned up the -~ a~.~ used a house ~a.n to dryout. A~ter the 2nd damage, i started !nnkin9 at my yard drains and ~ound that there was a blockage at the sidewalk. ! contacted Public Works, and they investigated and ~ound that they replaced some side~-Jalk. They installed a smaller pipe under the sidewalk thatdoes not drain very well. They have done a temporary ~ix and ~ _ ~i:-: it manentiy, when ar~ goin~ to remove ~he si de~-¢a]k and per weather is good. n,.= to +he =-,+=nt o~ the damage to the carpet, i ~eel that it needs to c,e .-ep~a~e~ REW MCCAUSLAND Room: MCCAUSLAND,D ; SERVPRO OF TUSTLN ... ~o _- . .. . .. · ~ s~ ~_," 2?o s~'@. z z g^@ ~o s¥@ · · : ]/211998 ' ... · - 125.00 i . 027 ~'" 0.I4 { 0.12 ' · .o , .-.$.s..O0., , .30.47 -' , .. -' . ...4'.90 ' :.. · -: ! !. · I' · : ' ', ..~ i .!.' :~.' .. . ! · : . , ~. I , · :, ,' -:~'i.:. · :. · . . . . .... · .. . . : ..2 · . . I. -. I - ., ., . .. :i '. .I DREW MCCAUSL.~,'qD . . N~t Cl~m SERVPRO .OF 'r tJSTIN ,, ,~11oun[ ~ % 412.7II ' ' 100.00% · 412.78 " ' lr311'00% . · ' 4i2.7~ . ~.. 412.71t · · . . ... . · ,. · Grand Total '. ..... ? &r'-: ..... . '- OO. oe,, 412.78 :' · .! -":"' ~).0~'i" __ 412.78 -"' ; . .i .: .';'. : . . · " · . · · ~ :.... . · -.. . · -. .....-.: ':.; · ... , · · .,' .. · . . · t '' ." , , . . .~ .,.. , i '1. · . , .... -! : · . · i .. ! · · ... [ . '..· .. ~ · . · . . '.~ . . .' ; .~ , . . , . a.. · -.. ,-: . .. .; ..: .... -. . . . , . '~ , . : · ' 4 ; . · ~, · . I · '.;.) .~ . ,, .-. , [ . -. . . i ., . ALDE Proposal Page No. of Pages 1663 Ptscentia Avenue Costa Mesa, California 92627 Building a reputation for quelity and service since 7957 State Contractor's License No. 721d03 Phone (714) 646-~ Fax (714) 646-3951 ,& __ ! PHONE JOB P~-ION£ Wt I~r~:/~ubmi! tpecilicationt end estimates for: _ 'ri II _ _ i I!-I* ..... ] , ~ I i -~ ' - - We Propose hereby to furnish_material and labor --complete* in accordance with at~ove specifications, for the sum of:. _ '- - donors S ) - Payment tO be ~ as follows: Authorized Signature w;lhdrawfl by US ff not dccepIc~l w,tf~in Note: This I~00o~i may be ~-~~ cJa~. Aceeptance of Proposal -The ahoy= pricml, specification,., ,tfld uoflcht.onb are tdtisfactory a~ Ire ~rI~ KCIpI~. YOU are ,uthoriz~ ~ ~ t~ ~rk a~ s~ificd. ~lmnt will ~ mae as ~/lin~ a~e.