HomeMy WebLinkAbout10 CLAIM DIEMERT 05-05-97 L~w OFFmCES OF
~VOODRUFF~ SPRADLIN &
A PROFESSIONAL CORPOI:~ATION
TO:
MEMORANDUM
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE: April 30, 1997
RE:
Claim of Joseph & Heather Diemert; Claim No. 97-10
NO'. 10
5-5-97
RECOMMENDATION:
After review by this office and investigation by 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 claimants and their attorneys.
DISCUSSION'
Claimants allege that the steering and alignment of their Honda Civic was damaged
due to street reconstruction on San Juan Street. There is no evidence that such
construction created a dangerous condition of public property, or that City employees
breached a duty to the claimants,
/" ' "", "/;:
LOIS E.'JEFFRE. Y ;"'/.,"'
Enclosure
cc: William A. Huston, City Manager
1102-9710
45449_1
Office of the City Clerk
April 8, 1997
Carl Warren & Co.
P. O. Box 25180
Santa Ana, CA 92799-5180
Re:
Transmittal of Document(s)
Claimant:
Cl aim No.:
Filed With City:
..ity of Tustin
' :-7 :,;' .,'! :/...1-_ 300 Centennial Way
4rOJ~ '~ 0 '/'~~i /~" Tustin, CA 92680
......(714)'573-3026
FAX (714) 832-0825
Joseph & Heather Diemert
97-10
4-3-97
Receipt of Claim/Summons and Complaint by the City Clerk's Office'on:
Date: 4-3-97
Time: 4:50 p.m.
By: X
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 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 4-8-97 to the City Attorney
and Department Head, and the original was forwarded to the Finance Department.
S/~cerel y, . /,' ,/fl /'.
Beverley Wh i t~{~..,I
Deputy City Cl°erk
Eno [ osures
__ CITY OF TUSTIN
CLI i'AGAINST THE CITY OF 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 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:
ao
Address of Claimant'
City/Zip Code' ~~
Telephone Number:
Date of Birth: /~- ~-
Social Security Number:
Driver License Number:
~rn ~F 'LL
.
Name, telephone, and post office address to which claimant desires notices to be sent (if other
than'above)'
.
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:
Occurrence or event from which the claim arises'
a. D ate: ~z~ -/~' ~'x..-- /z?/~/./// ~_~
b. Time'
c. Place (Exact and Specific Location)'
zu p r/ 1/ .
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 particular action by the City,.or its employees, caused the alleged damage or injury?
o
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 employee(s) causing the damage or injury:
7. Name and address of any other person injured'
.
.
10,'
Name and address of~he owner of any damaged property, d~5~P E_
Damages Claimed' .
a. Amount claimed as ofthis date: ~'/~",~" ~/
b. Estimated amount of future costs' ,~¢
C.
d.
Total amount claimed'
Attach basis for computation of amounts claimed (include copies of all bills, invoices,
estimates, etc.)
Names and addresses of all witnesses, hospitals, doctors etc
WA~RNING-
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. ! cer,~ify under penalty of perjury that the foregoing is true
Claimant's Signature' . _
Executed this ~'3~~ day of /~/~ , 19 ?Y.
Date Filed' ~' 3-9 7'
2:CLAIM {7196)
CITY OF TUSTIN
300 Centenrdal War Turf_m CaBfornta 92 780
CLAZM AGA~SI ~ CiTY OF TUSILN
(for damages to personal property.)
JOSEPH AND H'KATI:~R DIE5~RT
We live on San Juan St. in Tustin, and have so for the past six years. In the beginning of the
month of February conm'ucfion of the street began, and was not completed until the second of
Apnl. We own a very small Honda Civic Car and because of the street construction taking so long
we have acquired car damage throu~out different areas of the steering. W'hen construction first
started in February and it was done very sloppily. Traffic was not properly directed and was a
h~ard for a probable acddent_ The street was ail broken up for about three, weeks, and it was ~e
living out in the country on broken up dirt roads. Al%r the Street was filled big Holes and gaps
were still left that were unavoidable to hit, because of on coming traffic in the other direction.
(These gaps seem to be were they needed to continue working under the street, and were not able
to cover them.) A short time for construction is understandable, but this went on for so long and
we have no other access to our house but from this street, and because ofthis, damage to our
steering part5 and aligunent were unavoidable.
CLAIM: We are asking for the reimbursement of work that had to be done, and for the
fntuxe work that needs to be done now, because of the flxeet construction being done from
Feb. 107- April 2, 1997, on San Juan St. in Tustin.
You will/-md attached copy of receipts and esements. We would appredate your
cooperation in this matter. If we can provide any more information please contact us at the
above address or Phone ntrmber.
Thank You,
$oseph and Heather Diemert
[ Custom~ ~ervice Records~As Of 0~ ~/97
Page 1
Year :
DIEMERT, JOE/HEATHER Make :
Model:
3ENB071 Size :
VINW :
11/85
HONDA
CIVIC
Inv. ~: 499~
Inv. ~te: 83/B4/97 Inv. total: $5-;9.35 W~ittim By: BP Inv. Status: C Balance Q~i~:
Qt7' Part ID
2.88
Service Requested
Part Number
K9593/5
Manufacturer Description
MOOG LOWER RADIUS Pm~9 W/'~PLL JOINT
Work Completed
List price
143.55
Selling price E:t. price
143.55 287. IB
Labor price
TO-L
REPLJq(]ED BOTH ;~qI)I~ A~U~S WITH tIMER ]~qu. JOINTS
TO-~R 4 ~ T!~E~JST ~IGh~E]~T UEF'F RIGHT
C.A~BER ~.1 B.B
CASllER 1.B 1.2
TOE ~.83 ~.B3
I 195. B0
1 75. B8
Inv. #: 49~3
Inv. Da~e: 88_/19/~7' Inv. Total:
$19.58 69'itte~ By: BP Inv. Status: C Balar~'e Owing:
Service Requested
Work Completed
Labor Price
(714) 997-2311
WRITTEN BY: BP
DIE)~I',
Ice Diemert
T TAN AUTOMOTI~,
939 . CHAPMAN AVE. ORANGE, CF .,2868
* Bi 4: AM 1439PO-EPA CAL:00E 3985 *
* SkRVING ORANGE COUNTY SINCE 1976 *
Phi: ( W/H
PhS: (714) - H
·
INVOICE t:~ : 49984
r Uehicle Information ] [ Page 1 ]_-
Year: 11/85 Lic#: llnvoice Da~ : B3/B4/97
)~ke :~NI)A Color:BLUE IDate Static) : B3/B4/97
~bdel:CNIC Size: I'Ori§in~l Est.
Od~: L~oiB Last In: B.tYBi/l)71Additional Cost :$ I~-7.1B
VIHN: IRevised Estimate:$ 557.18
[t~TS] a.l. Parts Hew Unless Indicat~ 1)7 Code: [RI=Rebuilt [U]=Used
Oty Part Il) Part limber ~amfa~urer l)escripti~
P.88 Kg593Y~
RADIUS ARM ~ JOINT
List Price Selling Price Ezt. Price
143.5~ 143.9 287. IB
[LABO~]
Service R~u~si~ Work Ccmpletz~d
Labor Price
CrECK NOISE IN FRONT END W~rEN DRIVING REPL.qCE~ ~ RROIUS ~ WITH LO~ER ~qLL JOINTS
PLIGN ~ ~ CS-L CS-R TO-L TOg 4 ~ T1-Rt.GT ALISa'Elf[ LEFT RIGHT
1 IH. B0
1 7s.
CA~ -8.1 B.B
C~ 1.B 1.8
TOE -8.83 -8.83
.r C:F~:~qGE AUTHORI~TI~ F'RO~ ORIGINal. ESTI~TE ]
DATE:83/84/97 I~ITIAIED BY: [SI CO~T~ BY:[BP] HO~ ~]NT~L~:[T] P~: C~l~ IN
TI~E: 8:38 ~ DESCriPTIOn: LO~ BALL JOINTS & ALIG~
I ackno~led§e notice of and oral approval of an INcREqSE in the original estimated price:
AUTH BY: ~_ilPEB DIE]'ERT
55-7.18
A buret of this product in California has the right to have this product serviced or repaired during the
,arranty period. The .arrant), period will be extended for the number of Sole dars that the product has
been out of the ~rer's hands for .arranty repair. If a defect exists within the warranty period, the
.arranty will not expire until the defect has been fixed. The .arranty period will be extended if the
.arranty repairs did not ~medy the defect and the burer notifies the manufacturer or seller of the
failure of the repairs eithin ~1 days after they ~ere completed. If, after a reasonable number of
attempts the defect has not been fi~ed, the buret ma), return the product for a replacement or a refund:
subject, in either case, to deduction of a reasonable charge for usage. This time extonsion does not:
affect the protection or remedies the buret has under other lams. All P~T5 LISTED ~l~ ~E ~L:lt, :
LIt JESS OTHE~ISE INDICATEO. INTBEST gill BE ~ liT THE R~TE OF 1~: PER ~ (~LqL PERCENT~:
~qTE OF 18~90lt THE LI~ID ~ OF ~LL INVOICI[5 OVER 38 DRYS. If revised estimate is greater than:
original estimate. I acknowledge notice and oral approval of an increase in the original estimate price. :
S~ C~CK: ,By lam, ~u .ay choose another facility to perform any needed repairs or adjustments that:
the saog test indicates are necessary.' :
Customer's Siinature: Date: / /: ·
: [PA~ TEI~]
: C.O.D. '
:
: TRXRBLE P~TS:
:NON-T~ P~TS:
I.A]]~R:
;'87. lB
·
·
·
·
·
·
5U~TOT~: 557. lB
THANK YOU FOR YOUR BUSINESS MAY GOD BLESS YOU AND YOUR FAMILY
TAN A-1L3TOI~IO-F
CHAPMAN AVE. ORANGE, CA .~86.B
: AM 143920-~PA CAL'~0~ 965
JiNG ORANGE COUNTY S'£RCE $76 *
-'RiTT£N
ST: DY
Ph2: (7:4) - H
I Nb:O I CE -b.~ :
---=:[ V.=hide Ir. fos=ation ]= ..................... ==[ .%oe ! ]:=
; l'sar : I!/~5 tic~: ilpvoise Date :
I ~ke :~i~ Coior:FuUE ,~-'
,~e 5t~rt~ :
~ ~el:C!ViC Size: . ~0rzginm! Est. :$ 33.88
~ Od~: 81B~8 Last in: ~4/83/97~Afditional ~t :$ 8.~
~ Vi~: ;Re~is~ 5stioate:$ 33.~
Se. rv.~ce Requested kbrk Completed
L~b.-r Pr'~ ce
3 3. '3 ~.
A bJyer of t~9is product in California has the ri§ht to hzve tS, is pnTJuct serviced or repaired during the:
~arrant7 period. The warranty period will be e~terJed for the number of whole days that the product has:
been out of the b~yer'.s hands for warranty re'mir. If a defect e:ists within ~e warranty period, the
marranty ~ill not e-'pire until the defect has been fized, li',e warranty period will be exte~ed if the
~arranty repairs did ~t remedy the defes, t and the buyer notifies the manufacturer or seller of the
failure of ~e repairs within 9B days afar 5ex were c~pleted, if, afar a reasonable number of
a~eapts the defect has not bee. n ~'-
,l~ed, t.'~,e hexer max re~rn the pr~uct for a replacement ~r a refund :
s.':bject, in either case, to d~uction of a ~asonable charge for usage. This time e:tension does not:
aff~t the p~t~tion or remedies the buyer has under other la~s. All ~RTS LISTED At)[7~E APsE tE'W, :
bt4.ESS DTi, f_~,WI~ i~!CAT'~. INTDUEST WiLL BE CE~C~_~ AT T',rE-_ ~TE DF l~J ~R MGNTH (Ai(tU~_ PF_R, CEHTA~:
RATE OF. I~.~) ~ li~ L~IPAID ~LA/ICE Dr' ~.L lrt~J1~S ~ 38 ')A. YS. if red~~--te is greater than:
origir.~l estimate, i ack,~!ed~e notice and
o,a~ a~rowl .f ~n l~rea=e.~'~ rte orTglna,_ estimate price. :
~, · . ~ ~ . .
S,~qG OESK: "By. law, y~ ~ay ~se anosho,, )~,ac~~~ per,formm anan~p~'dedded re~se ~s or aoj'~u.~ents that:
the smog test indicates are ,,e~ssarX. ~~_~ :
Cus~?~er'$ Si~na~dre: ~. ~__?_, _~..~
~a:n:.., ah~k: ~: Card: ( "-~'~'~ ~-'/??_.-E~p Date:
[PATENT TERJiS]
C.O.D.
:
: TAXAt~_E PARTS:
:NC~4-TAXAB~ P~TS:
:
:
:
SUBTDT~:
SN_ES TAX:
33.88
: TDTAJ. TICKET $$: 33.0~
:
0£~3
~.'! ,'?::