HomeMy WebLinkAbout05 CLAIM STATE FARM 07-07-97 LAW OFFISE5 OF
YVOODRUFF, SPRADLIN & SMAR'~
PROFESSIONAL CORPORATION
MEMORANDUM
NO. 5
7-7-97
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE: June 30, 1997
RE:
Claim of State Farm Insurance; Claim No. 97-5
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 send notice, thereof to the
claimant and to the claimant's attorneys.
DISCUSSION:
This claim by an insurance company to collect funds the company has paid to their
insureds, Raymond and Barbara Bracy. Mr. and Mrs. Bracy previously filed a claim with
the City of Tustin and the City Council previously denied that claim. We are not aware of
any new information that would cause us to believe that this claim should be granted. As
you may recall, the City's Claims Administrator requested the right to review the sewer line
when it was excavated. The property owners failed to provide that opportunity to the City;
we can only surmise that this was because there was no evidence of a problem with the
City's tree.
· Y-lWI"~-~. '-%
LOIS E. JEFFRE'¢ ~/~ 0
Enclosure
cc: William A. Huston, City Manager
1102-9705
48505_1
Office of the City Clerk
June 3, 1997
Carl Warren & Co.
· P. O. Box 25]80
Santa Ana, CA 92799-5180
Re:
Transmittal of Document(s)
Claimant:
Claim No.:
Filed With City:
ity of Tu.stin
/~"~<2~ 300 Centennial Way
'~"< % '/~//~<:~ (714) 573-3026
Tustin, CA 92680
%
~.~:; % F~,~X (714)832-0825
State Farm subrogee for R'ay~nd/Barbara Bracy
97-25 %,..
6-2-97
Receipt of Claim/Summons and Complaint by the City Clerk's Office on:
Date: 6-2-97
Time: 3:40 p.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 Rourke,
Woodruff & Spradlin, 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.
X Other:
Raymond & Barbara Brac¥ filed claim 2-10-97, Claim No. 97-5
'A copy of this letter and enclosures were sent on 6-4-97 to the City Attorney
and Department Head, and the original was forwarded to the Finance~epartment.
S/}~.) erel y,
Beverley Whi t~ ]
Deputy City C1-Crk
Er.: t osures '
State Farm I surance
May 13, 1997
Mayor & City Council
City of Tustin
300 Centennial Way
Tustin, CA 92780
Companies
Subrogation Department
Fire and Casualty
P.O. Box 5032
Thousand Oaks, CA 91359
(818) 707-6616
RE:
Our Claim No.:
Our Insureds :
Date of Loss :
75-B249-379
Raymond and Barbara Bracy
November 20, 1996
Dear Mayor and City Council:
On November 10, 1996, our insureds suffered a break on their
sewage line. Our insureds' plumber investigated the break, and
found that tree roots from a tree owned by the City of Tustin
encroached into the line, and caused it to break.
State Farm Fire and Casualty Company is seeking reimbursement
from the City of Tustin for the loss that has occurred. The
amount we are requesting is $2,775.
Please aCcept this letter as notice of our subrogation rights,
and respond with regards to the City's position in this matter
within 30 days.
Sincerely,
Jennifer Parades
Claim Representative
Fire Subrogation
Westlake Village Office
State Farm Fire and Casualty Company
016/0513029/WL
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