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Home My WebLink About17 CLAIM K. GOLDSBERRY 04-20-98 ,/ LAW OFFICES OF WOODRUFF, SPRADLIN & SMART -' A PROFESSIONAL CORPORATION AGENDA MEMORANDUM TO: Honorable Mayor and Members of the City Council City of Tustin FROM: City Attorney DATE: April 14, 1998 RE: Claim of Karen Goldsberry; Claim No. 98-2 NO. 17 4-20-98 RECOMMENDATION' After investigation and review by this office and the City's Claims Administrator, it is recommended that the City Council deny the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys. DISCUSSION: Claimant seeks damages of $1,280 for replacement of an entry door at her condominium. The door was damaged when Tustin Police had to force entry to the condominium. By way of background, the police responded to call from claimant's complex about a man screaming and bleeding in the parking lot. Investigation determined the man was the boy friend of claimant's niece. Police followed a trail of blood to claimant's door, and concerned about other injured people'inside, knocked and requested entry. The door was forced after there was no response. In our opinion, the police acted reasonably and the City has no potential liability for the damage. Enclosure cc: William A. Huston, City Manager kOl~ fi. JEFFREY' //// ~ 1102-9802 61442_1 . _ CITY OF TUSTIN t"CL"AIM AGAINST THE CITY oF'- ':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 six:o) 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 oerson and/or property: 1. a. Name of Clai~ant: L~C~~ b. Address of Claimant: '\! c. City/Zip Code' ~_~ d. 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 claim is submitted against: a.- The City of Tustin only. b. V' The following emplo, yee(s)'of the City of Tustin only' Co 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: \ - .'-&--Ct (~ ' b. Time: ~~j~-~ o.~,"~, t ¢'~; ~ C3.'~LV~ dr '~: 0 tb ~) ~ c. Place (Ex~ct and Specific Locati°n)i tk~-~. _~.,%.~,~-v-,~ ~LY~'t., d. How and under what circumstances did damage or injury occur? Specify the particula,' occurrence, event, act or omission you claim caused the injury or damage (use additiOnal eo What p. aqicular action'by the City, orits employees, caus.gd,the alleged:damage or injury? , Give a description of the injury, property damage or loss so far known at the time of this ciaim. If there were no injuries, state "no injuries". . . '8. Give~.. the~_D ~_ '~ 0 v~c~name(s) of the~City~.x.~employee(s!o_~~~causing theLo.~damage ~°r injury:,0.,~. ~)- Name and a~dress of any other person injured' ~ ~L~ ~C,~~ Name and address of the owner of any damaged property?\ . 10. Damages Claimed: a. Amount claimed as oft. hisdate: · \, b. EStimated amount offuture costs' c. Total amount claimed: \ x ~ r..~ , d. Attach basis for comp~Jta'tibn c;f ~mou~ts claimed (include copies of all bills, invoices, estimates, etc.) Names and addresses 9f 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 of perjury that the foregoing is true and correct. Claimant's Signature: ~_'~ ~~ ~xecutedthis \ -[[.~'~. day of t Date Filed: 2:CI_AIM {7,~61 Police Depar;men! ,' ~City Of Tustin 300 Centennial Way Tustin, CA 92780 (714) 573-3200 FAX (714) 730-5134 Valerie Crabiii Chie! Deputy City Clerk - -- City Of. Tustin .- 300 Centennial W2.y Tustin, cA 92780 (714) 573-3025 FAX (714) 832-0825 o, . C:-'UAL)TY SERV : ,TEMS S~neral C. .... ' 252 ~ v,:~,~,~ GARDEN GROVE, CA (7Z4) ~97-222g F~ (7~4) 373-2783 BILL TO: Gc:,~dsberrT. K~r~n DATE ~,/'7/98 8604 INVOICE # 8L~04 ..~ · DESCRIPTION ,~plaue e;~tfy ,3oor, jgm, 6~s~ng, oea.a r~ol[, aoor KPO0, reps~r ~:ne ~4"; : AMOUNT repair the d,'¥,v~il,c;oor,' bo,,cm*+ v,'''-'*~'°'..¢,,.,.., strip, paitn as needed .. 1,280.00 .. o . ';. 280.0G TOTAL QUAL!TY SERVICE SYSTL 5 General Contractor License #535434 ]2821 Western Ave,~ue Suite D GARDEN GROVE, CALIFORNIA 9264]-4027 (7!4) g97-2223 Fax (7:[4) 373-2783 Paoe PROPOS;,L SUEMITTED TO ~""'>' --" 2,-. /o STREET ~ \ '- ~ . '"'-..'.. -' iDATE OF PLANS I i PHONE , ~ -~-,-~ ~ JOB NAME C:TY. STATE and ZIP CODE ARC. H~TECT JO~ LOCATION DATE IJOB FHCNE We hereby suDmit specifications and est!mates for:.. / Y~.'.,. t'.,,e bt,?:, may cancel tMs tran.~ac~ion at any time orior :o miiJni~t ol~ The third business d~y a~er the =i~.:e uf this transaction. Or if .'.his is a c~n~r~'.~ f:,r the repair of ~-am~Z~s rcsuiting from an ea~::q:'ake, fie~. fi;e, hurri:ane, Hot, stc,,m',, tidal wave, or similar catastrophic you ti'.e buyer m~7 cancel this tr;:nsa~ion at an), ti:me rricr :o ,'n, ide,g:t of t,',e se~,:nt~, buc;.r~e~ day a.ff~ .'he d=te cf 't~.is tr.:,[z:-~ction. See tt.e attached notice of cancellation, form for an explznation of t~.is ri[hL :[~.~ ~.-~rapOS." hereb'y to furnish material and-labor -- complete in accordance with abc;ve specifications, for the sum of: dollars ($ \ ~..~CZ~i) ). Fayment to be made as follows: All material is guaranteed to be as specified. A~t ~,~A to'be completed in a workmanlike manner according to standard practices. Any a.~eratic~-, cr deviation from above speci~cations involwng ex~ra costs wi~! be executed only upon v.....~en orders, and wa become an e~ra charge over and above /.he estimate. All a,~reeme~.s contingent upon strikes, acci~en',s or delays Oeyond our control. Owner to c~rry fire, !o."'..a~o and other necessary insurance. Our ~rkers are fully covered by Workma,'¥s Cc,.'.'.'~e:'.saSon Insurance. Authorized Signature Note: This proposal may be withdrawn by us if not accepted within days. R. ptance [ r p salZThe above prices pecifications and conditions are saJs[actory and ere here~y accepted. You are authorized to do the work as specified. Payment wiil be. made as outlined above. 1 Date of Acceptance: ~' g,! / "l Signature .. 2q!b Ibl~ 8603 A.S'S S A :~ .)5/'~'7 .~l.~. · SIGN HERE LU~, ~ K , (r)o.-..,- L i I,,,:~,,!',- · .1REG'/DEFT' I CL~FIK · I J/ ' SUB () , o .O.- TOTAL '7 "' ' ,,: i 1 I;' TAX ,, ·