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Home My WebLink About11 CLAIM 94-44 01-15-96 LAW OFFICES OF ROURKE. WOODRUFF & SPR---~LIN A PROFESSIONAL COI~POI~ATION NO. 11 1-15-96 MEMORAINDUM TO: Honorable Mayor and Members of the City Council City of Tustin FROM: City Attorney DATE: RE: January 8, 1996 Claim of Rocio Zandate; Claim No. 94-44 RECOMMENDATION: After investigation by the City's claim adjustors and review by this office, it is recommended that the above-referenced claim be rejected and that the City Clerk be directed to give proper notice of the rejection to the claimant and to the claimant's attorneys. DISCUSSION: a large City pine tree fell on the claimant's vehicle for no apparent reason, causing substantial damage. Although the claimant submitted an estimate for $6,620.94, the claimant's insurer has informed us that the repair should be somewhere in the $4,000 range. The claimant has a $500 deductible. This appears to be a case of no liability on a part of the City. The City tree had been trimmed in accordance with City policy. Our investigation show that the area around the tree was heavily saturated with water and either there was a leak in the property owner's waterline or in the property owner's sprinkler, causing the area to be full of water. In addition to there being no negligence on the part of the City, the City had no prior notice of this condition. LOiS E. JEFFI~ ~/~/ Enclosure cc: William A. Huston, City Manager Ronald Nault, Finance Director, Treasurer Pamela Stoker, City Clerk 1100-09544 22880_1 City of Tustin -C~.£M AGAINST THE CITY OF · 21~, (For Damages to Persons or Personal Property) The law provides generally that a claim must be filed with the City Clerk o! the 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-Tustinp 300 Centennial Way, 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: b. ADDRESS OF CLAIMANT: / c. CITY/ZIP CODE: ?~/~ 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 notice- to be sent (if other than above): 3. This c%aim 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' 4. Occurrence or event from ~hich the claim arises: a. DATE: . /'/'- ~ _.~.' - ,~'~-- b. T I ME: ~d'.; d,"./7-//~ /'".-' ~ ~-- ,/32... c. PLACE (~xac.~ and speci'fic location): ~ .~_~'~,,P'7'- C"~7C d. ~W and u~der ~at circumstances did-damage or inju~ occur? Specify the particular occurrence, event, act or omission you claim caused the injur~ or damage (Use additional paper if necessary): · e. WHAT particula' ;tion by the City, or ~.mployees, caused the alleged damage~ ,injury? 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 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: 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 amounts claimed (in61ude copies of all bills, invoices, estimates, etc. ~ 10. 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 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. CLAIMANT ' S S ~=~ATURE BI - CLFORM Revised 4/29/91 CONSOLIDATION REPORT [] CRIME REPORT' JZ~ INCIDENT REPORT J~ SUPPLEMENTAL. REPORT ~ 0 ~ C0,O[ S[CTIO. N/OtSCAIPTION -'-' '°TIN POLICE DEPARTMENT ;00 CENTENNIAL WAY ~C~CJ'Cl, CA0302~00 CO~SOt~' tft~O 121~ ~ev. JCODE V - VICTIM W - WITNESS R o RJPORTI#r, PARTT. !' - I"~'R[NT SS - ~UBJ[Cr Jt~ 00~ CI1Y ~'~AT E 71~' [] IW~0 J28 wOR~. I,'eqS 2g OPERATC~'S LIC NO/STATE 30 %rlC'TIIvI'S AC"TfVITY AT TIFF.. OF OFFENSE VEA~ , ,~o~t aooY ~YtE ~oto. crt'r CITT STATE STATE j4S OPERATOR'S LIE NO/gATE . j 53 P;aE~ISES.....:..... ... .-.- .'. : -:: ..: ........ . 5:5 SEX-C~I~'S.:.:-::*:* 5 $ PO~'~I' OF ENTRY .. .. -. 56 Sg'SP~'I-'''j' AC'TI~:)NS ~2 ll,tLrJ'l'O00-~ '[NTRT ..j 53 YE~cLE ENTRY j $8 vICT~I~OFIL~' '..' J 5~ VIC"tI~. S PI'ffSICAL CONOI':K:)N · 60 P"ROPERTT COOE~ J 6 I S1OL£a PROPERTY L.- LOS1' J TYP~ -'S - STO~E~ A - CL~RENC'~INOTL~ C - C1.OT~WG~Ft,~S F -- TVlRAOIO/C.~I'V'-ERAS ~ -~-OuSE~OLO GOOOS ! -CONSL, le~LE GOOOS J -L~VESTOC[ MI~,,C[LLAN EOL,~ IWCLLX) E S B IC"Y C'1. E S. AU'TO PARTS. ETC.. CODE TYPE ITEM OTY k,~KF~ ~K:)01rL. AJqT~,CLE N*~F.. SERL~t. NU~4BER. MISCELLAnEOuS OESCRIPTION APe v~Lt~ 66 67 .6~J 7O OFF1Ci~L ~,,,.,r i TV ~ .... - .' ~' '"' "-"' or FURNISHED to .any other Dgency except as orovid%d by. [sv.., without the express Tustin Police Department and is [c b~ mand. JT) OOLL,~.~ LOSS 77 A~v'O;~! nECOv. 'STIN POLICE DEPARTMENT~ CONTINUATION/PROPERTY REPORT NClC/Ctl CA 0302200 CONTPROP(TPO127P)Rt. (190 PAGE H -- ~-eOUSEMOL0 GO00S ! -CONSU~,~BLE GOOOS J -LrVES'T, OCK ir, - MISCELLANEOUS IINCLIJ~E S 81C¥CL ES. AUTO PARTS.~TC. MAI.[. M'OOEL. A~II'ICLE NAM[. SE~IIAL NUltdlS[l~..%IISC[L~.ANCOUS 01[SCRIPTIO# VAL~E , .. pu (kS ~,- t'"t.- · ¢o..,.~}",\~ b.uv,,-fi ¼,,J'W A Cc¢~,% r, JJ--u~¢_.,:?. 14 2~ 28 OffiCiAL Cur , NOT TO BE DUPLICATED. COPIED u, FURNISHED to any other per.--,on .genc~ except es provided by .Tustin Police Depanment and is returned to the Oepa~ment upon de- DEALERS SERVICE CO., INC. 2 0 6 4 5 1343 East Borchard SANTA ANA, CALIFORNIA 92705 (714) 543-8458 FAX (714) 543-1714 STREET I CI~ , I REGISTRATION NO. SERIAL NO. ~ OOOMETER ~ ESTIMATE PREPARED BY . IN$URANCE CO. ~ ADJUSTOR I REPAIR OESCRIP~ON ~ PARTS ~BOR REFINISH SUBLET REP~CE I ~ , , . J ' t ~' ~~ ~' , ' !/'~ l~-S ~/'t~ i i~ ii _ i~ i i i i .11 The above is an estimate based on our inspection and does' not TOTAL PARTS ................ cover any additional parts or labor which may be required after the work, has been started. Occasionally, worn or damaged parts are TOTAL LABOR ................ discovered which may not be evident on the first inspection. Because '~ of this, the above prices are not guaranteed. Quotations on parts and TOTAL REFINISH .............. labor are current and subject to change. TOTAL SUBLET ............... AUTHORIZATION FOR REPAIR. You are hereby authorized to make the above repairs' TAX ......................... s SIGNED: DATE: TOTAL ....................... ° Pagec,~ Of ~' Pages DEALERS SERVICE CO., INC. 1343 East Borchard SANTA ANA, CALIFORNIA 92705 (714) 543-8458 FAX (714) 543-1714 20646 NAME STREET PHONE CITY ... Y EA.,~,. COLOR MAKE MODEL REGISTRATION NO. SERIAL NO. ODOMETER ESTIMATE PRE.~,RED BY INSURANCE CO. ADJUSTOR REPLACE REPAIR The above is an estimate based on our inspection and does not cover any additional parts or labor which may be required after the work has been startec. Occasionally, worn or damaged parts are discovered which may not be evident on the first inspection. Because of this, the above prices are not guaranteed. Quotations on Darts and labor are current and subject to change. JTHORIZATION FOR REPAIR. You are hereby authorized to .,ake the above repairs' SIGNED: DATE: REFINISH SUBLET TOTALS I I I TOTAL PARTS ................ $, TOTAL LABOR ................ $ TOTAL REFINISH .............. $ TOTAL SUBLET ............... $ /'_' TAX .........................