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Home My WebLink About14 CLAIM ALLURE INC. 04-07-97 LAw OFFICES OF X, VOODRUFF, SPRADLIN &' SMAtx 1; A PROFESSIONAL CORPORATION NO..l 4 4-7-97 .. · MEMORANDUM TO: Honorable Mayor and Members of the City Council City of Tustin FROM' City Attorney DATE' April 2, 1997 RE: Claim of Allure, Inc.; Claim No. 96-49 RECOMMENDATION' After investigation and review, it is recommended that the City Council deny the claim and send notice thereof to the claimant and the claimant's attorneys. DISCUSSION' The claimant is a limited liability company that owns a building at 250 El Camino Real. The claimant alleges that a maintenance person trimming ivy on City property using a string edger caused a stone to fly up and hit an office window, causing a 1½-inch long crack. The alleged damages are approximately $200. We have no record that City workers or contractors for the City were at the claimant's property on the incident date. From the limited information available, the claimant has not shown that the cracked window was caused by a negligent act of the City or its contractor. Enclosure cc: William A. Huston, City Manager LOIS E. JEFFREY 1100-00001 44056_1, / .Office of the City Clerk Carl Warren & Co. P. O. Box 25180 Santa Ana, CA 92799-5180 Re: Transmittal of Document(s) Claimant: Allure, Inc. Claim No.: 96-49 Filed With City: 12-12-96 City of Tustin 300 Centennial Way :-. '~'/7u Tustin, CA 92680 ::'5-:/"Pc/? ,"'~ ,,? (714)573-3026 0~C. ' ' FAX(~) 832-0825 '"'~--.t- .~. d,~.. ,- '"-~.,W:" Receipt of Claim/Summons and Complaint by the City Clerk's Office on' Date- 12-12-96 Time' 8'40 a.m. By- Personal Service upon the undersigned Regular Mail Certified/Registered Mail Interdepartment Delivery The enclosed C}aim (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 12-16-96 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. /~f~cerely, Beverley White} Deputy City CTerk Enc t osures .' CITY OF TUSTIN Cb , AGAINST THE CITY OF ', .TIN (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 t° damage to person and/or property: . a. Name of Claimant: b. Address of Claimant: c. City/Zip Code: d. Telephone Number: e. Date of Birth: ALLURE, LLC 250 E1 Camino Real, Ste. 100 Tustin, CA 92780 714/505-1777 f. Social Security Number: g. Driver License Number: . Name, telephone, and post office address to which claimant desires notices to be sent (if other than above)' o This claim is submit-ted against: a. The City of Tustin only. b. The following employee(s) of the City of Tustin only: C. XX The City of Tustin and the following employee(s) ofthe City of Tustin only: Un~w~ m~ena~e person trimming.ivy at above location on City property . Occurrence or event from which the claim arises: a. Date: Approximately 11/11/96 b. Time: c. Place(Exactand Specific Location): 250 E1 Cazrtino Real, STE. 100, TUSTIN d. How and under what circumstances did damage or injury occur? Specify the particula¢ occurrence, event, act or omission you claim caused the injury or damage (use additional e, paper if necessary' City employee was trimmin ivey beneath the trees on ~.ub~ ~ n~n~.~e _~j_~g a ~f~inq ~g~r H~ 3arentlv caosed a stone to _~]y up and h~t my offJ~.e window causing ~ 1 1/2" lonq crack. What particular action by the City, or its employees, caused the alleged damage or injury? SEE ABOVE -- . 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". 1 1/2" 'crack in office window - . Give the name(s) of the City employee(s) causing the damage or injury' Unknown 7. Name and address of any other person injured' ~/A . Name and address of the owner of any damaged property: Real, Ste. 100, Tustin, CA 92780 ALLURE, LLC, 250 E1 Camino . 10. Damages Claimed- a. Amount claimed as of this date. $165.00 ~c~ ~~N~ ~5-~ b. Estimated amount of future costs' c. Total amount claimed' $i65.00' 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 t~ements made in my own knowledge, excep~ as tO, those matter. suc'h matters I believe the saVne to t~e true. ! cert and.correct. ~,,. [ ~/~, Claimant's Signature:/ ~'T~I /~~/t," Executed this ? day of ~e/~bove claim and I know the same to be true of ' t]~ted to be upon information or belief and as to /nalty of perjury that the foregoing is true · December ,19-96-' Date Filed' 2:CLAIM THE 1 !k~T CONNECTION ~a~,~ ~ ii TUSTIN Gl.ASS & MIRROR 603 EL CAMINO REAL, TUSTIN, CA 92680 PHONE (714) 573-9477 URE CAMBO Er ASSOC 250 EL CAMINO REAL #100 TUSTIN CA 92680 ATTN: JO¥CE AND WE PROPOSE TO FURNISH MATERIAL TO COMPLETE ALL 'NECESSARY LABOR THE FOLLOWING: REPLACEMENT OF BREAKAGE - ONE LITE l/q-" CLEAR PLATE GLASS INTO WOOD STOPS - APPROX q-2" X 6z+'' FOR. A TOTAL., .PRII~E OF: $115,00 PLEASE FEEL FREE TO CALL IF YOU HAVE ANY QUESTIONS. THANK 'YOU SCOTT MALONE (71~) 573-9~77 FAX: (714.) 573-94-55 12[05/96