HomeMy WebLinkAbout11 CLAIM G & L REALTY 01-19-98 LAW OFFICES OF
WOODRUFF~ SPRADLIN & SMAR'~
A PROFESSIONAL CORPORATION
N.A MEMORANDUM
TO: Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
RE:
January 14, 1998
Claim of G & L Realty Corporation; Claim No: 97-28
NO. 11
'1-19-98
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 give notice
thereof to the claimant and to the claimant's attorneys.
DISCUSSION,:
The claimant's commercial property is loCated at 1095 Irvine Boulevard. The tenant is
St. Joseph Medical Group. The claimant alleges that. roots from a city-owned tree grew
into their sewer line and broke the line causing $7,900.00 in damage. No documentation
for the damage has been submitted. The claimant's representatives have promised the
City that they would send the documentation, including a video tape of the root blockage,
but none has been provided as of the date hereof. In addition, it highly unlikely that a tree
root would break a sewer line. VVhat usually happens in these cases is that there is a
break or crack in the line and then a root will intrude into the line. The actual cause of the
failure of the line is the crack or break and not the tree root. At this point in time, we have
no evidence of City liability so we are recommending denial of the claim.
LOIS E. JEFF~,/E~ 0
Enclosure
cc: William A. Huston, City Manager
1102-9728
57478_1
City of Tustin
AIM AGAINST THE CITY C £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 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:
b. ADDRESS OF CLAIMANT: ~%~ N0~+% ~0~u,, D~.~
c. CITY/ZIP CODE: ~au~W ~,'fl~., ~^ 9oZ~
d. TELEPHONE NO: {~ 7,W ) G&~-r~
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 'city
of Tustin only:
4. Occurrence or event from which the claim arises:
a. DATE: ~,"~c~ ~ /~'7 -
b. TIME: ~
c. PLACE (Exa. ct and spec!fic~location): ;0%>- J/~,~ ~L~O
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 particula. .ction by the city,
alleged damage or 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: ~t- ~ e~.~+¥ C.,.,';f
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, hospit~~ 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 ~Ot~
DATE FILED: ~///~ '7
CLAIMANT ' S SIGNATURE
,19 ~7, at Tustin, California.
B1: CLFORM
Revised 8/96