HomeMy WebLinkAbout11 CLAIM 96-3 03-18-96 LAW OFFICES OF
ROURKE, WOODRUFF & SPR.~.DLIN
..OFESSIONAL CORPORATION
· DA..____
MEMORANDUM
NO. 11
/ ~ ~!_.--3.~18-96
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
RE:
March 11, 1996
Claim of Junction Tseng; Claim No. 96-3
RECOMMENDATION:
After investigation and review by the City's claim administrators and 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 attorney.
DISCUSSION'
This is a claim for indemnity by a property owner. Ms. Cindy Barrata has previously
filed a claim with the City, alleging over $550,000 in personal injuries that occurred when
a yucca tree, overhanging a City sidewalk, pierced her eardrum. The yucca tree was
located on Mr. Tseng's property. The City of Tustin will be filing a Claim for indemnity
against Mr. Tseng. Our investigation continues to show that the City had no prior notice
of this condition. Accordingly, in our opinion the property owner, rather than the City of .
Tustin is responsible for this injury.
LOIS E. JEFF6tEYW U
Enclosure
cc: William A. Huston, City Manager
Ronald Nault, Finance Director
Pamela Stoker, City Clerk
1100-9603
25933_1
DAVID A. PRESTHOLT
OEV£R.A L. PET,AK
KENNETH S. KLEEGER
LIS.A A. VILLASENOR
laRIAH HOLHBERG
GARY L. GIHOER
WlLLI H. SIEPHANN
LISA L. LOVERIDG(
REN(' I. GAMBOA
D.AVID CRAWFORD, III
~OB~RT J. SCOTT
AVIGAL HOR~OW
'-. . LAW Ot~FICES OF
PRESTHOLT,' PETAK, KLEEGER,
FIDONE & VILLASENOR
lC)e::=: WEST 7TN STREET
SUITE I~00
LOS ANGELES, CALIFORNIA 90017
TELEPHONE: (213) a95-4811
March 1, 1996
SAN FRANCISCO OFFICE
~6g HARKET STREET, SIXTH fLOOR
S.AH FRANCISCO, CALIFORNIA g4103
TELEPHONE: (415)
FACSIHILE: (41~)
City Clerk
City of Tustin
300 Centennial Way
Tustin, California 92680
Re:
BARATTA v. CITY OF TUSTIN; TSENG
Orange ·County Court Case No.: 758833
Our File No.: 038-005-037
Dear Clerk:
EncloSed please find the original and two copies of a "Claim
Against the City.of Tustin (For Damages to Persons or Personal
Proper'ty)". Please file the original and return the conformed
copies in the enclosed self-addressed stamped envelope.
Thanking you for your prompt attention to this request.
Very truly yours,
Maricela G. Sanchez %3
Secretary to GARY P. FIDONE
/mgs
EncloSures
503~clcrk. LO1
(.i'-' ~ city of Tustin ~ ~.~
AIM AGAINST THE CITY OF TIN
(For b~a~es to Persons or Persoh_- Property)
-..
The law provides generally that a claim must be filed with the City Clerk of
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 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: Junction Tseng
b. ADDRESS OF CLAIMANT:
c. CITY/ZIP CODE:
d. TELEPHONE NO: ('
e. DATE OF BIRTH:
f. SOCIAL SECURITY NO:
2. Name, telephone and post office address to which claimant desires notices
to be sent (if other than above):
Prestholt, Petak, Kleeger, Fidone & Villasenor
1055 W. 7th Street, Suite 1600, Los Angeles, CA 9001~/
3. This claim is submitted against:
a. X 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: 6-10-95
b. TIME: 9:00 a.m. .
c. PLACE (Exact and specific location)' city sidewalk on Redhiii, appruxLt~,~el5
5 houses from Bryan Avenue.
d' HOW and under what circumstances did damage or injury occur?, Specify'
the particular occurrence, event, act or omission you claim caused
t~.e injury or damag.e (Use additional, paper, if necessary):4 '
Cindy Baratta was jogging on Redhill and c±a~ms a xucca 'lree plercea her eardrum
This claim is ~or Inc~mni~ and contribution.
e.
WHAT particu.] action by the City, or · ~ employees, caused the
alleged dama ).r.~ injury?
Cindv Baratta ~-.~aimS "the City failed to maint~__~ the public sidewalk.
5. Give a description of the injury, property damage or loss so far known at
the time. of ~this. c%aim.
Piereed earorum is Delng clIaflmet~e-r~se~ ~n~~~~~ ~ ~~i~,~N'
6. Give the name(s) of the .City. employee(s) causing the damage or injury:
T Tnknc~l.
7. Name and address of any other person injured: Cindy Baratta
1451
N/A
8. Name and address of the owner or any damaged property:
9. Damages claimed:
a. Amount claimed as of the date: Indemnity inBarattaclaim.
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. Cindy Baratta
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 ~s to such ~atters I believe the same to be
true. I certify under penalty or perjury that the foregoing is TRUE AND
0 , , at~, California.
CORRECT. .
Execut/~this
DATE/~IT.ED: //~ /// '
CL Z NT SI SZ NAT RZ- -
P S OLT,
A%to eys J c on Ts g
Bi - CLFORM
Revised 4/29/91