HomeMy WebLinkAbout08 CLAIM NO. 95-46 02-05-96 LAW OFFICES OF
RouRKE, WOODRUFF & SPRADLIN
A ~O~'£~ONAL CO~:~'O~AT;O~
NO. 8
2-5-96
MEMORANDUM
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
RE:
January 24, 1996
Claim by El Encanto Apartments; Claim No. 95-46
RECOMMENDATION:
After investigation and review 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 attorney.
DISCUSSION-
This is a claim for $291.71 by a property manager of the El Encanto Apartments.
The City shut down a two inch water main to replace a meter. The water main served
approximately 16 to 20 units. When the water was turned back on, flexible tubing, which
runs into the toilet valve in one unit became detached, causing water to run down through
the walls and saturate other units which abutted. The damages largely involved extracting
'water, drying and relaying carpeting. It is the opinion of the City's claim investigator that
the cause of the water damage was loose flexible tubing on the toilet that detached when
water pressure was reapplied to it. There is no evidence of any negligence on the part of
the City.
LoIS E. JEFFRey// O
Enclosure
cc: William A. Huston, City Manager
Pamela Stoker, City Clerk
1100-09546
23743_1
' city of Tustin "
~ .M AGAINST THE CITY OF ~ ~m
(For Damages to Persons or Persona£ ProPerty)·
The law provides generally that a claim must be filed with the City Clerk
the City of Tustin within 6 months after the incident or event occurred. ~
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 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: ~ _~, ~...3c~ ~-~ ~Du~o~~,.~ ~-~
b. ADDRESS OF cLAIMANT:
c. CITY/ZIP CODE:
d. TELEPHONE NO: (
e. DATE'OF BIRTH.:
f. SOCIAL SECURITY NO:
'g. DRI.VERS LICENSE NO:
· i '
2. Name, telephone and post office address to which claimant desires notic
'to be sent (if other than above):
3. 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:
4. Occurrence or event from which the claim arises:
a. DATE: / O - ~ ~'- ~ ~-
b.- TIME: ~'. %0 ~_ ~:~0 ~.~.
c. PLACE (Exact and specific locatibn): ~.o~~~-~-~ ~3~~c-_~s_
d. HOW ~nd uhder what dircumstances did damage or injury occur? Specify
the particular occurrence, event, act or omission you claim cause~
the injury or damage (Use additional paper if necessary):
e. WHAT particular ction by the City, or ~t~- employees, caused the
all~ged da.mage 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: ~)o %~;~L~-~-~
·
8. Name and address of the owner o~ any damaged property:
9. Damages claimed: · ~/ : r~.'~_ .
a. Amount claimed as of the date: ~ ~ I. '7--.%--
b. Estimated amount of future costs: -...~---
c. Total amount claimed:
d. Attach basis for computation of amounts claimed (include copies of
all bills, invoices, estimates, etc.
10. Names and addresses of all witnesses, hospitals, doctors, etc.
WAR/~ING: 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.
DATE FILED
Bi: CLFORM
Revised 4/29/91
GARDEN VILLAS
1151 Walnut · Tustin; Califbrnia
(714) 731-6221 ·
Dyeing~z~& Restoration Co.
P.O. Box 200~-J54, Westminster~ CA 92684
(714) 636-2171
INVOICE
DATE
P.O.
3509
~OB LOCATION:
ILL TO'
JOB DESCRIPTION
TERMS: NET 20 DAYS
For labor and services furnished on:
d..
TECHNICIAN:
Dye~.,n,,g e~ Restoration Co.
P.O. B~x~~-J54, Westminster, CA 92684
(714) 636-2171
INVOICE
DATE
P.O.
33i0
IO - £ z_/._ qs'-
~OB LOCATION:
11'5 1
"I'~,'^~JA '-731-- f~2~l
BILL TO'
TERMS: NET 20 DAYS
JOB DESCRIPTION
.IFor labor and services furnished on:
TECHNICIAN:_
o~ef~.X C: Dyeing& Restoration Co.
P.O. Box 2tT4~-J54, Westminster, CA 92684
(714) 636-2171
~OB LOCATION'
'T Ll.6-/-i,',,J
fBILL TO'
Io- .2-c~.
INVOICE
DATE
P.O.
TERMS' NET 20 DAYS
JOB DESCRIPTION
rFor labor and services furnished on'
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