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Home My WebLink About16 CLAIM WANDER SUN 04-20-98 LAW OFFICES OF WOODRUFF, SPRADLIN & SMARI A PROFESSIONAL CORPORATION AGENDA MEMORANDUM NO. 16 4-20-98 TO: Honorable Mayor and Members of the City Council City of Tustin -FROM' City Attorney DATE: April 15, 1998 RE: Claim of Wander Sun; Claim No. 97-13 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 send notice thereof to the claimant and the claimant's attorneys. DISCUSSION: The claimant was the driver of a car that struck and killed Charles Amarosa just outside City boundaries in the unincorporated County. The City's Claims Administrators have 'informed the claimant that the accident took place outside the jurisdiction of the City, and that the City could, therefore, have no liability for the claim. Denial of the claim will start the statute of limitations for the filing of any litigation on the claim by the claimant. Enclosure cc: William A. Huston, City Manager LOIS E. JEFFI~Y/,/ 7 ~ 1102-9738 61445_1 Office of the City Clerk '"' City of Tustin · September 15, 1997 ~/~ Carl Warren & Co. ~6L ~'~) P . o . ~ o ~ ~ ~ ~ ~ o f ~ 1997 Santa Ana, CA 92799-5180, ~..~' Re: Transmittal of Document (s) 0~,~.~:,,.~ ...... Cla~ant: Wander Sun Cla~ No.: 97-38 Filed With City: 9-12-97 300 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: 9-12-97 "' Time: 10:30 a.m. By: Personal Service upon the undersigned Regular Mail Certified/Registered Mail Interdepartment Mail - City Attorney 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 Qill 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 9-16-97 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. S~,erely, - ~'~-~alerie Crabi~./ ~' Chief Deputy ~ty Clerk Enclosures THOMAS J. VIOLA FRANCINE R. KELLY ROBERT W. RAU JAMES F.' LINDSAY MICHAEL J. MALONEY JEFFREY S. BAICERINK PATRICK A. MESISCAo JR.REBECCA J. SMITH CLAYTON E. COOPER KIRK A. LAUBY STEPHEN M. MOLONEY MAUREEN O'GRADY NIX JEFFREY L. CRAFTS M. CATHERINE REID . ARTHUR J. M'KEON III THOMAS J. JENNETT JOHN J. RUSSO GEOFFREY S. MORRIS JON H. TISDALE JEFFREY I. BRAUN PETER J. GODFREY CATHERINE F. LUKEHART STEPHEN S. GRANDE SCOTT L. MACDONALD MICHAEL 8. DONNER $ONIA M. LEE PAUL A. BIGLEY flONALD MAWHINNEY EDWARD A. FERNANDEZ ERIC W. THORSON EUGENE J. LANDAU 'GERALDINE J. PUTNAM ROONEY L. TERRAZONE OWEN E. GIRARD RANDALL W. KALER LISA R. GERAURD ALBERT P. OI ROCCO. JR.R. TIMOTHY O'CONNOR ANDREW C. HUBERT RODGER A. MAYNES JENNIFER M. DAMON LISA M. FERRENDELLI JAMES J. PERKINS DEREK A. SIMPSON SCO1-T E. BRAYBROOKE SHELLY L. BLACK MICHAEL R. DUNLEVlE TIMOTHY J. BROUSSARD GILBERT, KELLY, CROWLEY & JEN2~TETT LAWYERS 333 CITY BOULEVARD WEST. SUITE 1600 ORANGE, CALIFORNIA 92868 (714) 541-5000 FAX: (714) 541-0670 September 8, 1997 City Clerk city of Tustin 300 Centennial Way Tustin, CA 92780 Re: AMOROSA v. SUN Date of Loss: November 20, 1996 W. I. GILBERT. JR. 1906- t 972 JOHN D. ST. PIERRE lg30-1981 OF COUNSEL ROGER E. KI~LLY JAMES 8. CROWLEY WILLIAM D. JENNETT LISA A. SATTER LOS ANGELES O;I::ICE 1200 WILSHIRE BOULEVARD SIXTH FLOOR LOS ANGELES, CALIFORNIA 90017-1gOB (213) 580-7000 (213) 580-7100 RIVERSIDE COUNTY OFFICE :3801 UNIVERSITY AVENUE. SUITE 700 RIVERSIDE. CALIFORNIA g2501-3245 1909) 276.4000 FAX: (909) 276-4100 SAN DIEGO OFFICE 4.01 'B' STREET. SUITE 1150 SAN DIEGO. CALIFORNIA g2101 (61 g! 087-3000 FAX: (61g} 687-3100 WRITER'S DIRECT NUMBER: (714) 285-2114 PLEASE REFER TO FILE: 26085-00333 JLC - - 'DOCUMENT ID:. LZ010033.30 GOVERNMENT CLAIM Dear City Clerk: Please take notice.that a proposed claim is hereby presented by'Defendant Wander Sun pursuant to Section 910 et. seq. of the Government Code. Defendant Wander Sun resides at 13731 Belle Rive, Santa Ana, California 92705. Ail future notices should be sent to counsel for Defendant Wander Sun, to wit: GILBERT, KELLY, CROWLEY & JENNETT, 333 City Boulevard West~ Suite 1600, Orange, California 92868. The claim arises out' of an' automobile versus pedestrian accident that occurred on November 20. 1996 at approximately'5:20 p.m. at the intersection.of Kenwood Lane and La Colina Drive in the County of Orange, State of California. The accident occurred when a vehicle operated by Defendant Wander Sun stuck and killed Charles Amorosa. The claim is for indemnity, declaratory relief and apportionment of fault under principles of comparative equitable indemnity and arose on August 11, 1997 when Defendant Wander Sun was served with a Complaint for damages in the case of Amorosa vo Sun. The Orange County Superior Court Case was filed on July 30, 1997 and bears Case Number 782359. Defendant Wander Sun contends that the City of Tustin was responsible for causing the accident and the injuries and damages claimed by Plaintiffs because it failed to. properly design, maintain, construct, inspect, operate, supervise and/or repair City Clerk Re: AMOROSA v. SUN September 8, 1997 Page 2 the intersection of La Colina Road and Kenwood Lane and that the intersection.was dangerous to drivers and pedestrians using the roadways. The dangerous condition created a substantial risk of the type of injury alleged in that Defendants failed to proVide appropriate traffic control 'devices or other safeguards at the subject intersection; failed to warn of pedestrian activity; failed to provide~adequate lighting in and around the area of the intersection; and failed to provide adequate crosswalks and crossing lanes. Defendant Wander Sun contends that the City of Tustin had knowledge of the existence of the dangerous conditions hereinabove described a sufficient amount of time prior to November 20, 1996 to have protected against the risk Of injury alleged. The estimated amount of Defendant Wander Sun's prospective injury is that portion of any settlement or judgment paid on his behalf to Plaintiffs which would be attributable to the negligence of the City of Tustin or its employees. Very truly yours, GILBERT, KELLY, CROWLEY & JENNETT JLC:wsf By: