HomeMy WebLinkAbout11 CLAIM 96-2 06-17-96 LAW OFFICES OF
WOODRUFF, SPRADLIN & SMAR
A PROFESSIONAL CORPORATION
MEMORANDUM
NO. 11
6-17-96
TO'
HOnorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE: June 11, 1996
RE:
Claim of Sandra Menold; Claim No. 96-2
RECOMMENDATION'
After investigation and review it is recommended that the City Council deny the claim
and direct the City Clerk to give notice to the claimant and the claimant's attorneys.
BACKGROUND:
This claim is for $133.79. The claimant alleges that when the City turned the water
off to nearby residents in order to fix a City water line, it caused damage to her toilet. The
City's claims administrator has investigated this claim. The City's repair work in the street,
entailed a brief shutting down of the waterline. After receiving a call from the claimant, a
City employee responded to the claimant's house and opened her hose bib to allow air to
escape, which cleared the line. The City employee called the claimant and gave her
directions on how to release the air and any sand granules from the lines. It is unknown
whether the claimant followed these directions. Claimant alleges that the shut off and turn
on of the water service to her home caused damage to the toilet ballcock.
LOIS E. JEFFRF_~ ~/~/ d
Enclosure
cc: William A. Huston, City Manager
Valerie Crabill, Chief Deputy City Clerk
1100-9602
30839_1
City of Tustin ~ j
CLAIM AGAINST THE.CITY OF TUSTI~
(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'withip .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:
'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 notices
to be sent (if other than above): /N
3. This claim is submitted against:
a. /0 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 e, ven, t~ fr~m which the Claim arises:
a. DATE: ~~ ~ ~--_~~ ~-- ~
b. TIME: ~ ~-~j~D /~ ~ o P~
c. P~CE (Exact and specific location): ~%~
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 addit, ional paper~if necessary)-
o .-'"'/-o,e
e. WHAT particula~ ~tion by the City, or " employees, caused
alleged damage ~ injury?
the
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 da_Rage or injury:
7. Name and address of any other person injured: ~ .~
8. Name and address of the owner or any damJged property:
9. Damages claimed:
a. Amount claimed as of the date: /5 ~ ~
. .
b. Estimated amount of'future costs: -- -
c. Total amount claimed: ? ~ B ~
d. Attach basis for computation of amounts claimed (include copies
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 pena~'' perjury that the ~oregoing is .TRUE AND
. ~ ~ or ~
CORRECT.
Executed this ~' day of
DATE FILED:
CLAIMANT ' S SIGNATURE
WA~~~ ,,, 19_ ~-~' at Tustin, California.
BI: CLFORM
Revised 4/29/91
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lARD & CROCKETT PLUMBING SERVICE INC.
OFFICE: 639-4400 · 322 N. TUSTIN AVE., ORANGE, CALIFORNIA 92667
OFFICE: 776-7901 · 1419 N. STATE COLLEGE BLVD., ANAHEIM, CALIFORNIA 92806
Sandra Mendbd
JOB
NAME
ADDRESS
CALL TAKEN BY
14186 Paseo Corto
~-'~c,~¥ Tustin, CA 92658
PHONE 832 0623 wk)~56 0550
,.TN,,.,. '-'--. 1/11/9I wo.K sM
TYPE'~F SERVICE REQUESTED:
-- toilet lkg to floor a~ masterbath
BILL TO
ADDRESS
CITY
- b. Esc.,.E FuL.v N^TU.£ oF wo.. DONE..^TEm^L usED
PHONE ',
I PHONE ORDER NO.
'- 80~22 ':
EXTENSION
WORK ORDER
No 80522
SERVICEMAN
Alex
' TIME 'D'ETAIL.''
IMo~.
NOTES: ;....;-;
A
SERVICE CALL
ADDITIONAL LABOR
HELPER
MATERIALS
TAX
PATCHING CHARGE
DRAIN CHARGE
EQUIP. CHARGE
WORK AUTHORIZATION - AUTHORIZATION TO PROCEED WITH REPAIRS-I. the unclersigned, am owner/authorized representative/
lenant of the premises at which tl~e work mentioned above is to be done. I hereby authorize you to perform said work and to use such labor and materials
as you deem advisable. Minimum charge equals ~ hour of Plumber's brae on the premises. Additional time required will be charged at per quarter hour.
I hereby autnor~-e.you to proceed with the at)ove work I hereby authorize you to proceed with the above work at a contract price of
on a time and materials basis TRUCK CHARGE 3
* $ *"*'
Contractors are required by law to be licensed and regulated by the Contractors' .A FINANCE CHARGE OF 2% PER
MO. (24% PER YR.) WILL BE CHARGED ON~ ALL PAST DUE
State License-Board. Any questions concerning a contractor may be referred tO ACCOUNTS OVER 30 DAYS.
the registrar of the board whose address: CONTRACTORS' STATE LICENSE BOARD
3132 Bradshaw Rd., Sacramento, CA 95827.
CONTRS. STATE LIC. # 313514 S, GN£D .'
Service men are required to have this invoice signed. This is done to protect you, the service man, and ourselves, to enable us to give y-ou satisfactory service.
You are requested to examine the labor and materials as stated, before the service man leaves the house and if you find everything satisfactory, sign 'this invoice.
If anything is unsatisfactory, please contact this office immediately. Interest will be charged on all invoices Past Due.
I agree not to hold Biard&Crockett Plumbing Service inc. responsible for any breakage or damage which may occur in the performance of this work. I find
the time and material above to be satisfactory. I agree to pay costs and attorney's fees, incurred in the collection of this bill.
Title to materials does not pass to customer until paid for in full. This is in addition to any rights we may have under the California Mechanics Lien Law.
QUALITY PLUMBING EXPERIENCED CRAFTSMEN - FAST EFFICIENT SERVICE