HomeMy WebLinkAbout09 CLAIM R. DEL PILAR 06-02-97 LAW OFFICES OF
~VOODRUFF, SPRADLIN & SMART
A PROFESSIONAL CORPORATION
MEMORANDUM
NO. 9
6-2-97
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM' City Attorney
DATE: May 28, 1997
RE'
Claim of Ruben Del Pilar; Claim No. 97-16
RECOMMENDATION'
After investigation and review by the City's Claims Administrators and this office, 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, if any.
DISCUSSION:
The claimant's vehicle was towed due to a suspended license. The claimant alleges
that the vehicle was towed without cause and claims damages of $2,799, which are
undocumented. According to our investigation, the vehicle was properly impounded within
the provisions of the VehiCle Code. Accordingly, we have concluded that there appears
to be no liability on the part of the City of Tustin.
LOIS E. JEFFRECY' /'"//' ~
Enclosure
cc: William A. Huston, City Manager.
1102-9716
46899_1
Office of the City Clerk
April 17, i997
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5]80
Re- Transmittal of Document(s)
Claimant-
Claim No.-
Filed With City'
Ruben Del Pilar
97-16
4-17-97
City of 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 O'~/rf~ce on-
Date- 4-17-97
Time' 9'00 a.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.
Other-
A copy of this letter and enclosures were senton 4-]7-97 to the City Attorney
and Department Head, and the original was forwarded to the Finance Department.
S/Jq~cerel y, . ..
Bev~rl ey Whiter' ,'
Deputy City Clerk
!
CITY OF TUSTIN
CLAIM AGAINST,THE CITY OF TIJ-STIN
(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 (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 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
person and/or property:
,
a. Name of Claimant: <~.L-~D~
b. Address of Claimant: ~:>~.~-
c. City/Zip Code: ~'-~
d. Telephone Numb_erA L~.\
e. Date of Birth: r-..?'t:y .
f. Social Security Number: ~'~/'
g. Driver License Number: ('-'/'/~-~
.
Name, telephone, and post office address to whi~:h claimant desir'es notices to be sent (if other
than'above): '~ ~ _~--~c~t,'~.~ ~._?> C~ Lt_%G ~ [ t .. ·
.
This claim is submitted against:
a. ~ The City of Tustin only.
b. The following employe,e(s) of th
e 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: .
c Place Exa t and Sec' ic L~cation)' '~~~¥~
d. How and under wha~ircumstances did dam~e or injury occur? Specify the partlcula,'
¢, ~ occurrence, event, act or, mission you claim caused the injury, or damage (use.additional
Paper if necessar,
e.
W,hat particular actio~n by, the City, or its employees, caused the all.e, ge,d da,m.a~e or injury?
.
.
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".
Give the name(s) of the City ~~yee(s) causing the damage or injury:
.
o
Name and address of any other person injured-
Name and address of the owner of any damaged property-
/ ?.
.
10.
Damages Claimed-
a. Amount claimed as of this date' %~~ ~ c'~[. (~(~)
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.)
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 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 ! believe the same to be true. I certify under penalty of perjury that the foregoing is true
and correct.
Executed this %0 dayof ~'[..a.~ , 19 °[~..
Date Filed'
2:CLAIM 171961