HomeMy WebLinkAbout11 CLAIM D. ALEJANDRO 05-05-97 LAW OFFICES OF
WOODRUFF, SPRADLIN & SMART
~', PROFESSIONAL CORPORATION
NO. 11
5-5-97
:'
TO: Honorable Mayor and Members of the City CounCil
City of Tustin
FROM: City Attorney
DATE: April 30, 1997
RE:
Claim of Daniel A. Alejandro; Claim No. 97-12
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 claimant and the claimant's attorneys.
DISCUSSION:
The claimant is alleging $150,000 in physical, mental and emotional injury stemming
from an alleged assault by an employee of the Tustin Unified School District at the
Columbus Middle School. The City's Claims Administrators have corresponded with the
claimant pointing out that the City of Tustin has no involvement in this claim as the claim
is based on an alleged assault by an employee of the Tustin Unified School District. As
explained by the City's Claims Administrator, the City of Tustin has no jurisdiction or control
over employees of the District and is a separate public and legal entity from the District.
The City's Claims Administrators have also reminded the claimant that in the event of
litigation filed against the City of Tustin, that the City will seek its remedies under Code of
Civil Procedure Section 1038.
LOIS E. JEFFREY 1,' k ¢¢
Enclosure
cc: William A. Huston, City Manager
1102-9712
45446_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' Daniel A1 ejandro
Claim No.' 97-12
Filed With City: 4-7-97
City of Tustin
.~ ~ ,, 300 Centennial Way
'? :¢/ ~ ~/~ Tustin, CA 92680
,A (714) 573-3026
"-'..... ~ ~ 0~ X (714) 832-0825
Receipt of Claim/Summons and Complaint by the City Clerk's Office on:
Date:. 4-7-97
Time: 3:30 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.
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.
Beverley Wh i t/e ? '
Deputy City C~l'erk
Enclosures
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DANIEL A. ALF_JANDRO
YS.
CITY OF TUSTIN, TUSTIN UNIFIED
SCHOOL DISTRICT AND COLUMBUS
MIDDLE SCHOOL.
GOVERNMENT CLAIM FOR
DAMAGES
TO THE CITY OF TUSTIN, TUST1N UNIFIED SCHOOL DISTRICT AND
COLUMBUS MIDDLE SCHOOL
YOU ARE HEREBY NOTIFIED that DANIEL A. AI~_JANDRO, whose address is.
claims
damages from the City' of TUSTIN, TUSTIN UNIFIED SCHOOL DISTRICT AND
COLUMBUS MIDDLE SCHOOL arising from an assault on his person causing
personal injury while at School.
i
~ The circumstance surrounding the claim are as follows:
1. On December 06th, 1996 the claimant was assaulted by an employee
of the district.
2. Claimant sustained substantial physical, mental and emotional injury.
·
!
3. As a result'thereof a claim is being submitted in the amount of one
hundred fifty thousand dollars ( $150,000.00 ).
Send official notices and correspondence to attorney, Marcus
McLaughlin, 1848 West 17th, Street, Santa Ana, California 92706.
. ( 714 ) 648-0755
with fax number of ( 714 ) 6480806.
Marcus McLaughlin, Attorney for
Claimant, Daniel A. Alejandro
PROOF OF SERVICE
..
STATE OF CALIFORNIA
COUNTY OF ORANGE
I am employed in the County of Orange, State of California, I am
over the age of 18 years and not a party to the within action; my
business address is 1848 W. 17th Street, Santa Ana, California
92706, Santa Ana, California..
/On April 4th, 199, I served the foregoing document described as:
GOVERNMENT CLAIM FOR DAMAGES
Said document was served on the interested party or parties in this
action by placing a true copy thereof, enclosed in a sealed
envelope, and addressed as noted below.
iCITY OF TUSTIN, .300 Centennial way, Tustin, CA 92680
!TUSTIN UNIFIED SCHOOL DISTRICT, 300 S. C st. Tustin, CA 92680
COLUMBUS TUSTIN MIDDLE SCHOOL, 17592 Beneta Way, Tustin, CA 92806
~I am familiar with our firm's practice of collectiOn and processing
:.icorrespondence for mailing. Under that practice it w6uld be
~:~deposited with the U.S. Postal Service. on that. same day with
· '!postage thereon fully prepaid at .Santa Ana, California in the
{ordinary course of business. I am aware that on motion of the party
'served, service is presumed invalid if the postal cancellation date
or postage meter date is more than one working day after the date
of deposit for mailing in this declaration.
' :l Executed on April 4th, 1997, at Santa Ana, California.
I declare, under penalty of perjury under the laws of the State of
California that the above is true and correct. I further declare
that I am emplOyed in the office of a member of the bar of this
court at .whose direction the service was made.
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