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Home My WebLink About15 CLAIM X. LOPEZ 03-16-98 LAw OFFICES OF WOODRUFF~ SPRADLIN & SMART A PROFESSIONAL CORPORATION AGE'NDA MEMORANDUM NO 15 3-16-98 TO: FROM: DATE: RE' Honorable Mayor and Members of the City Council City of Tustin City Attorney March 11, 1998 Claim of Xavier Lopez; Claim No. 97-45 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 the claimant's attorneys. DISCUSSION: The claimant alleges $662.20 in. property damage, due to a tree limb that fell off a City tree and hit his truck. The City's investigation reveals that the tree involved was last trimmed in May of 1995 which is within the normal maintenance schedule. The City had not received any complaints from citizens about the tree prior to this incident. There was nO evidence to suggest that the tree would drop the branch and that the City had any notice of such a likelihood. Based on the information available, it is our opinion that this is a case of questionable liability for. the City of Tustin. LOIS E. JEFFREY Enclosure CC: 1100-01 59941_1 William A. Huston City Manager Office of the City Clerk November 12, 1997 Carl Warren & Co. P. O. Box 25180 Santa Ana, CA 92799-5180 Re: Transmittal of Document(s) Claimant: Xavier Lopez Claim No.: 97-45 Filed With City: 11-12-97 City o f Tustin 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: 11-12-97 Time: 1:00 p.m. By: X 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 11-13-97 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. S/i!~, cerel y, /~ Beverley Whi t[e} Deputy C i ty Cl'e~rk Eric t osure$ City of Tustin c_.-~ AGAINST THE CITY OF TU~_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. Comp%eted claims must be mailed or delivered to the City Clerk, City of Tustin, 300 Centennial Way, Tustin, california 92680 WttEN 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: ~ 2. Name, telephone and post office address to which claimant desires notices to be sent (if other than above): 3. This ~la~m is submitted against: a. _~~ The City of Tustin only. b. The following employee(s) of the City of Tustin only' C. 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' ~~0~ : /~Q6 ,3Q~, I~ Q b. TIKE: :O vl~O~ ' c. P~CE (Exact and specific location): d. HOW and under what circumstances did damage or inju~ occur? Specify ~.e particular occurrence, event, act or omission you claim caused ~e %nju~ or damage (Use additional p~er if necessa~)~~' e. WHAT particul ~ction by the City, or employees, caused the 1 c~amage · inj urn? a.1 eged ---i-~-z t__ -~ ,' o t::_ t ~ ,.~ ~.' c~ ~4~ ~of -~ ~ ~ o ~ 'f-,- ~ , c J < 5. Give a description of the injury, property damage or loss so far known at~ t~ time of this, claim. .If there were no injuries, state ."n.o injuries". _ ~ /:~,..k../f'/~.t ~J~j-~ c,"~,,~.-.,l_~ ,~ P"~C/ L~f-,~--~'/--,~ ,~ £ . 6. Give the name(s) of the City employee(s) causing the damage or inju.ry- 7. Name and address of any other person injured: 8. Name and address, of~ the owne~ o~r any damaged DroD~rty: ~dlt21 ~.~ ~~.~- 9. Damages claimed: a. Amount claimed as of the 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. 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 Cod~ 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 ~s 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/~OV~t$,'$b~ ,19 ~ , at Tustin, California. DATE FILED- CLAIMANT ' S S I~ATU~E B1-CLFORM Revised 4/29/91 -IMAGE REPORT t/12/97 at i0:27 q062~89 LOP'EZ D.R. ~736¢-00~}0589 Est: B. COLLINS TI- I E R DODGE I [-~IC- THE OTHER MAGIC STORE 16114 E. WHITTIER BLVD WHITTIER, CA 90602- (310) 943-7161-2~6 ~net': XAVIER LOPEZ ddress: Day Phone: ( ) Other Ph: ( ) Deductible: $ N/A ~surance Co. : Claim No. : Adj. : Phone: ~ CHEV Ci500 4X2 SiLVERADO'EXT CAB 2D LONG BEIG/MET 8-5.7L-FI ~, License: CA Prod Date: 3445i ~wer st ee'rin~ ~dy side moldings 1 oth seat s Power brakes Dual mirrors Recline/lounge seats Tinted glass Anti-lock brakes (2) Split bench seats 3. OP. DESCRIPTION OF DAMAGE QTY PART COST LABOR PAINT MISC 2* 3 4* 5* 6* 7* PICK UP BOX Refin RT Side panel w/o dual wheel CAB / EXTENDED 'CAB Repr Panel CLEAR COAT COLOR MATCH CAR COVER 10.00 50 9.0 1.5 0.5 Subtotals ===> i0.00 5.0 8.5 0.00 · Page: 1 ~MAGE REPORT ./12/97 at 10:27 ~00268.9 6-~HITTIER DODGE THE OTHER MAGIC STORE 16114 E. WHITTIER BLVD WHITTIER, CA 90602- (310) 943-7161-226 I i~4C- LOPEZ D.R. 27367-0000589 Est: B. COLLINS Part s 10.00 Body Labor 5.0 units I} $28.00 140.00 Body Suppli-s- ~,.0 units I~ $ ~'='.50 12.50 Paint Labor 8.5 units I} $28.00 '=,'38.00 paint/Materials 8.=, units I_~ $18.00 153.00 SUBTOTAL $ ~ ~.50 . .~00% 14 48 Tax on $ 175 50 at 8 '='~ . GRAND TOTAL $ ¢0~"7.98 INSURANCE PAYS $ 567.98 iS ESTIMATE IS BASED ON OUR INSPECTION ~ DOES NOT COVER ADDITIONAL PARTS OR LABOR WHI~ ~qY BE DISCOVERD~ NATURALLY, THIS ESTIMA CANNOT COVER SUCH B]NTIN6ENCIES. Estimate based on MOTOR CRA~ ESTIMATING GUIDE. Non-asterisk(*) items are derived fro~ the Buide DR1GH88. Database Date 7/97 Double asterisk(**~ items indicate part supplied by a supplier other than the original equipment manufacturer. ~¢-~ items have bee~ certified for fit and finish by the Certified Auto Parts Association. EZEst - A product of CCC Information Services Inc. Page ~- · -' ' ' ~.- - ~. i '.. ' "PHONE~,': ' - . · · .'", . : ,.: '- . -."~,'.:-~-'.~ L v,, .. ~ · '.' i' ,- . - ' · :": ."~- , ' ' ' . . .... -, ' · OWNER - - ' ~ . :~: . .':,,_ · .............. . . . INEuRI::LI I"t-~_- : .- ;_ ;.- ~:-,,-- ., · . ,: ,. . . . I ' ":--' : .- ., - ;: ': I . ~l.' _ ~'"~" .... · ...... . - .'----:-'. ~~i:-I. ? ' ' ~'--'-...,'. "- .:-?,'- · . · ..... ~ ,-:. :.~ .:';...".'--~. ':...~'-. ,: .' -- :-. .. .' , .... ,'" -'.. .' [ .~:' "_:.'.',:'~,.: -~.-2.;-'~,,;'~.-:4.'~.-~-,~'~(':..~:. :::: .-.: .:- -'.:-- :", ~". ' ." · ..... ' .... · i : .... :-..?.,c$..-.- ~ '~: .~.~?--~:-:-J:'"': ~; ...... . '" .... ' .... ' "' '::' ':';"' :' "-':':' ' ..... '" ........ ' ............. - ......... .................. -,,;,z,~.q;r~-~'e.~,,~.~.';:~::~;:--""--::':~.?';' ~-:~~'; .... ~:. .~:.. ' --~. · ~, Storage w~ be cha~j .. .... .. ..... : .., -- .[_,,~._:.'---c..'C,',:4~' re their accident o~ any other cause -. . - .