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Home My WebLink AboutC.C. 04 CLAIM 92-14 03-16-92,AGENDAS -(L t 3- JATE: MARCH 3, 1991 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY CONSENT CALENDAR NO. 4 3-16-92 SUBJECT: CLAIMANT: KATHLEEN MOORE; D/L: 02-19-92; DATE FILED W/CITY: 02-19-92; CLAIM NO: 92-14; CARL WARREN FILE NO: S 72404 PRL After investigation and review it is recommended that the above -referenced claim be rejected and the City Clerk directed to give proper notice of the rejection to the claimant and to the claimant's attorney. Ioe" I G R Jab(C1_9214. jab) Enclosure: Copy of Claim cc: Carl Warren & Co. Finance Director City Manager t ®�W%/.�FY, 0 115'. February 13, 1992 Ms. Beverley White Deputy City Clerk City of Tustin 15222 Del Amo Avenue Tustin, CA 92680 Dear Ms. White: Gregory N. Moore 5 Recodo Irvine, CA 92720 muleoullaw Attached is a completed"Claim Against the City of Tustin" form relating to damage that was done to my wife Is -car due to the failure of the City of Tustin to post a warning sign. We would appreciate the City's attention to this matter. , If you need to get in touch with my wife', she -can be reached at- (714) 733-1345 during the day and (714) 730-4931 during the evening. I can be reached during the day at (714) 863-4551 and at (714) 730-4931 at night. Thanks in advance for your assistance on this matter. Sincerely, 1 $ Gregory N. Moore GNM/cjr enclosures: Claim Form Against the City of Tustin w/attachment Receipt from Harbour Infiniti Photographs City of Tustin S AGAINST THE CITY OF TU. (For Damages to Persons or Personal Property) 'he law provides generally that a claim must be filed with the City Clerk of Che City of Tustin within 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, 15222 Del Amo Avenue, Tustin, California 92680 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: 1. a. NAME OF CLAIMANT: kdL4-}erm . (y? b. ADDRESS OF CLAIMANT: d. TELEPHONE NO: e. DATE OF BIRTH: f. SOCIAL SECURITY NO: g. DRIVERS LICENSE NO: 2. Name, telephone and post office address to which claimant desires notices to .)�e sent ( if other than above) : 3. This claim is submitted against: a. u2!!� The City of Tustin only. b. The following employee(s) of the 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: a. DATE: !Zoe d b. TIME: C. PLACE (Exact and specific location): Sac 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 particu' action by the City, or - employees, caused the alleged damac, injury? ce 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, state "no injuries". 6. Give the name (s) of the Cy 1 y employee(s) `oyee (s) caus ing the damage o[[ r injury: itl 7. Name and address of any other person injured: Af 8. Name and address of the owner or any damaged property: 9. Damages claimed: a. Amount claimed as of the date: .b. Estimated amount of future costs: C. Total amount claimed: d. Attach basis for computation of all bills, invoices, estimates, A 963, s? No rue 9'3. S0 amounts claimed (include copies of etc. 10. Names and addresses of all witnesses, hospitals, doctors, etc. Nont.. 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 / a day of JC;,bn==7 ,19�at Tustin, California. DATE FILED: CLAIMANT'S SIGNATURE B1:CLFORM Revised 4/29/91 CITY OF TUSTIN CLAIM AGAINST THE CITY OF TUSTIN QUESTION 4 CLAIMANT: KATHLEEN C. MOORE On Thursday, October 10, 1991 at approximately 2:45 PM, my husband and I were driving to Foothill High School to watch our son play in a freshman football game. I was driving my car, proceeding west on Irvine Blvd. I made a right turn onto Tustin Ranch Road and then made a left turn onto La Colina Drive. Shortly after turning onto La Colina, I hit two(2) large and deep dips at the intersection of Ranchwood and La Colina. There were no signs warning me of these hazards and I was therefore travelling at the normal speed for that road(about 25 to 30 MPH). In addition, this was my first time on the road so I was not aware of these dips. When I hit these dips, the front end of my car(a 1990 Infiniti) dropped and the oil pan *struck the concrete extremely hard.. Fortunately, neither my husband or I were injured. However, my car was damaged as the oilpan had been severly dented and ruined(see further discussion below). After the game, we returned to the intersection of La Colina and Ranchwood. We noted the following: 1. There were many scrapes and marks on the concrete indicating that many cars had hit this intersection too hard and scrapped the bottom of their cars on the road. 2. Entering the intersection going West(the direction we were originally travelling when we damaged our car), there were no warning signs for the dips; however, when entering the intersection going East, there was a sign warning about the DIPS ahead. I have enclosed photographs taken at the area showing the intersection, the damage to the road surface, and the fact that there is no signing warning of the dips when travelling West into the intersection. On October 31, 1991, I took my car to Harbour Infiniti for service. They told me my oilpan was severly damaged and needed to be replaced. The total cost to replace the damaged oilpan was $883.52. In addition they told me that I was lucky as the impact could have easily punctured the pan, draining all the oil and therefore, ruining my entire engine(replacement cost of $10,000). Enclosed with the package is the bill to replace the oilpan. In addition we have kept the dameaged oilpan and will give it to you if you want. Because The City of Tustin failed to erect a sign warning of the danger, I feel that you are responsible for the damage done to my car. Accordingly, I am requesting that the City of Tustin send me a check for $883.52 to reimburse me in total for the loss. bY :� �- Kathleen C. Moore P.S. Subsequent to the accident and me taking the pictures, the City of Tustin put up a sign at the intersection warning drivers going West on La Colina of the dips at the corner of La Colina and Ranchwood. This a clear indication that a sign should have always been there and that The City of Tustin is accountable for my claim. N F I iu I T I� Harbour INFINITI 2888 Harbor Boulevard Costa Mesa, California 92626 BAR# AK150197 Telephone 714 241-1300 ORIGINAL ESTIMATE TAG NO. S • • t two" aunw;ze the rear won rwre.naMer set tore to oe 00ne a*,tc -m the fttmsary REVISED FST. DATE TIME mawmm ana agree teat you are not resaonsrow v ms a oanom to .mce or anras k1 m S "tK* m can o: hre m" or any Omer Cayce bevona your cww& or ur anv owes t:areeo by unavatabrNty W cans or Delays m Pans snowna by the sum -w or as-=crwt nereov dram PERSON CONTACTED L IN P"eRSOh PHONE you anmor yow emotoyees aerm ssron to operate the ven c•e rw*e :ncrvea on streets. + hwhways M ear«neve w the 0U. -Me or teslmy angor mr_ s0-J0n. An et'ress meerar¢ s Men CALLED is hereby KIM.:, neageo On above veniGe to secure t+e amow 0' reaari reretc ReVISEC EST. GATE TIME _- S X PERSON CONTACTED IN PERSON Q PHONE CUSTOMER SIGNATURE + CALLED 1 ACKNOWLEDGE NOTICE AND ORAL APPROVAL OF At • • t •71 • • INCREASE IN THE ORIGINAL ESTIMATED PRICE. X SERVICE •DATE CONTACT DAY PHONE NO. EXT. EVE. PHONE.NO. -EXT.-l-' 'WORK ORDER NO. _ : I c Harbour INFINITI 2888 Harbor Boulevard Costa Mesa, California 92626 BAR# AK150197 Telephone 714 241-1300 ORIGINAL ESTIMATE TAG NO. IS y • • e . Lot*] I nerepy autrorrze V* rem wa• nerennafar set tonn to oe ocne mong wart the necessary REVISED EST DATE TIME nrawo sera agree r m you are not reuorurvre for foss or aamage to w tw m or uncles all m S vemcte in can of bre. otee or any other cause Wyono yaa cams or for any as" "wm oy unevWaWhty of carts or wtaya in car" sttrttmems vv the Sw01 r to tramooner. I ttertoy grant PERSON CONTACTED IN PERSON PHONE you anamr your emoroyees permission to overate the venue neem oescrroeo on streea. a CALLED ' nrgnways a ersewnere bth r e ou•mm of tesnng senora at *won. An ecoms mecnanK s hen n nerecy canowwcgec on am" venrcle to secure CN amoun: o' row" mewo. REVISED EST. DATE TIME � .—+� PERSON CONTACTED IN PERSON 0 PHONE CUSTOMER SIGNATURE . CALLED I ACKNOWLEDGE NOTICE AND ORAL APPROVAL Of AN • • • •W.• INCREASE IN THE ORIGINAL EST•AATED PRICE. X CONSULTANTSERVICE OPEN,DATE CIOSE DATE DAY PHONE NO. EXT. EVE. PHONE NO.. EXT.. WORK. 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CLASS ARTICLES AT AMOUNT 7D SHIP TO: NAME (rcn:NT) Sub Total ADDRESS C1Ty Travel Related Services APT. NO. Taxes STATE ZIP CODE TO//9y Please Write Firmly � E S n e Inc., or • Representative for payment. Merchandise and/or sr - sail on this card shall not be resold or returned for ash refur p�RE55 5 9 2 5 9 9 Cardmember Copy z/y Cards Invoice Number - -- — — -- --- — - — - _-