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Home My WebLink About10 CLAIM FELDMAN 06-02-97 LAw' OF F~(::F_.S OF ~OODRUFF~ SPRADLIN ~.~ SMART A PROFESSIONAL CORPORATION NO. 10 6-2-97 MEMORANDUM TO: Honorable Mayor and Members of the City Council City of Tustin FROM' City Attorney DATE: May 28, 1997 RE: Claim of Martin and Betty Feldman; Claim No. 97-17 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 claimants and to their attorneys, if any. DISCUSSION: The claimants are alleging $666.01 in property damage due to a plumbing bill for the clean out of their lines. The City crew voluntarily repaired the claimant's line. The City repaired a water main on the City side of the water meter. When the water was turned back on, the line on the claimants' side of the meter broke, due to a rusty elbow connection. Dirt and rocks got into the line on the claimants' side of the meter due to this break. Our review indicates that the City was not negligent in the repair work they did on the City's main line. While the City did change the pressure in the line, the actual damage to the claimants' plumbing was due to the rusty pipe owned, maintained and controlled by the claimants and not to action by City employees. Enclosure cc: William A. Huston, City Manager 1102-9717 46902_1 Office of the City Clerk ............. City of Tustin April ]7, 1997 ~~ 300 Centennial Way Carl Warren & Co. ~¢~,'~' ./¢,,..~ Tustin, CA 92680 P. 0. Box 25180 "''?,- (714) 573-3026 ~, / ,-~. -'E-AX (714) 832-0825 Santa Ana, CA 92799-5180 Re' Transmittal of Document(s) '"~ · Claimant- Martin & Betsy Feldman -.,. C1 aim No. - 97-17 ~,, Filed With City: 4-17-97 Receipt of Claim/Summons and Complaint by the' City Clerk's Office on.' Date: 4-17-97 Time: 9:00 a.m. By: Personal Service upon the undersigned Regular Mail Certified/Registered Mail Interdepartment Delivery 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 thi& claim on behalf of the City. We request that you give suc~ 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 4-]7-97 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. Sincerely, , Beverley Wh it¢/ Deputy City Cl~rk city of Tustin CLAIH AGAINST THE CITY OF TUS'~XN (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 wit____hin 6 month~ 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 92680 Wq{EN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK TO THE HONORABLE PZAYOR 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 c~i~r:_kkB%~ ~ 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 claim is submitted against: a. _hq 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: V~VD. \~ b. TIME: %~ ~~- ~ c. PIECE (Exact and specific location):~ d. HOW and under what circumstances did damage or injury occur? Specify the particular odcurrence, event, act or omission you claim caused the injury or damage (Use additional paper if necessary): e. W}{AT partic,' action by the City, alleged damg or injury? s employees, caused ~he 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, ~ /oo ~' , '~ __? . ~k ~ ~ ~_~_ 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:~/~¢~\vl ~\~ 9. Damages claimed: a. Amount claimed as of the date: ~k~%~ b. Estimated amount of future costs: kk~t~uo~ '~ ~.~ c. Total amount claimed: ~~_k d. Attach basis for Computation of amounts claimed (include copies of all bills, invoices, estimates, etc. 10. Names and addresses of all witnesses, hospit~, 1, S, 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 ~ ¢ % · _,19~..% , at Tustin, California. '-S SIGNATURE Bi: CLFORM Revised 4/29/91 Martin and Betsy Feldman STATEMENT OF EVENTS: On February 16th, We noticed water coming out from where the water meter is located. We opened the lid and found it was full of water. We placed an emergency call to the Tustin Water district. Due to the weekend and Holiday on Monday, the gentleman informed us he would return first thing Tuesday morning. He arrived Tuesday the 18th around 8:00 am and began to work. He told me he would inform me as soon ag I could use the water in the house. Around 10:00 am or later he told me I could turn the water on. Apparently he did not clear the pipes prior to my using the~water. This caused all my pipes and faucets to become clogged with dirt and small rocks. We also had a problem with the sprinkler system outside, which had to be cleared. Tal Hazard and several other employees from the Tustin Water District came out to inspect the PrOblem. kMS AND HELM PL1 [ IG -215 El Camino Real · Tustin - CA - 92680 · (714) 54-~--6260 · .-INVOICE TO:BETSY FELDMAN 10B: BETSY FELDMAN 7943 I 2-25-97 I 2-18-97 AND 2-21-97 ] INVOICE NO, INVOICE DATE Job Description DATE WORK PERF08MED iDOMESTIC HOT AND COLD WATER SYSTEMS OBSTRUCTED WITH DIRT, SAND, STONES !ETC. CAUSED BY CARELESSNESS WHEN THE WATER SYSTEM WAS APART AT THE [METER. HAD TO TAKE APART AND FLUSH EVERY FIXTURE IN THE HOUSE. MA TER/AL $ QUANTITY iDESCRIPTION I UNIT PRICE I TOTAL 2.00 iMOEN 1225 CORES i 19.00 38.00 ' , 2.00 [AMERICAN STANDARD BALLCOCK I 9.75 19.50 I iREPAIR KITS J 1.00 IP20 CO2 CYLINDER ! 20.00 20.00 ! I I I I I I I I Materials total: 77.50 SERVICE HOURS tDESCRIPTION 5.25 5.25 SERVICE TIME SERVICE TIME 60.00 30.00 Service total: 315.00 ' TEF~S: iON ACCOUNT TOT~ MEMO M~TE~[J~J, 77.50 THANKS FOR YOUR BUSINESS SEra, CE 472.50 SERItlCE CALL 30.00 0TliEll 0.00 PLEILSE MAKE CHECKS PAYABLE TO: SUBTOTAl. 580.00 Adams & Helm Plumbing TJ~XR~TE~.. 7.75% 6.01 215 El Camino Real Tustint CA 92680 TOTAl. 586.0'1 472.50 INVOICE: EL LOPEZ LANDSCAPING CUSTOMER NAME ADDRESS // : DATE ~/.,a ? ~' ,:~ DESCRIPTION CHARGES · .o ...~ ~., . _,/~.~-,,.:,. , oo :.. '.'¢.,; ,,2./.';,-~,,~ r. C .~ r-,... _.;/~ .r~ c ./--;'/- I-,-- _ ~,./,?~'" ,., ,. '/ LI~ ' cc /- ~." C-. ~ ~,2 ,/,.', ¢ ..... ,I ~. '~- ' ~ ' ./. ;i C.r' '~ ' ' ..... ~ LAWNS - SHRUBS - FLOWERS - TREE TRIMMING TOTRL DUE ~,..- / 0' ~-'"' -,jr- FR(;6 ESTIMFITE$ ON REOU6ST -k- _ 'Jr PAYMENT TO BE MADE WITHIN (5) FIVE WORKING DAYS