HomeMy WebLinkAbout15 CLAIM NO. 96-23 09-16-96 LAW OFFICES OF
WOODRUFF~ SPRADLIN & SMAtx~- '
A PROFESSIONAL CORPORATION
AGENDA
MEMORANDUM
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
September 11, 1996
RE:
Claim of Ronald Olaerts; Claim No. 96-23
NO. 15
9-16-96
RECOMMENDATION:
After investigation and review, it is recommended that the City Council deny the
claim and direct the City Clerk to give appropriate notice to the claimant and the claimant's
attorneys.
DISCUSSION:
The claim is for property damage in the estimated amount of $1,400 to $1,600. The
claimant alleges that a City tree which grew over a period of over 20 years and was
removed by the City in February of 1996, nevertheless damaged an entry brick walkway
and driveway. The City's investigation reviews that this is a case of questionable liability
on the part of the City of Tustin. There is no conclusive evidence that the City's tree was
the cause of the cracks in the driveway and walkway. Such cracks could have also been
caused by expansive soil.
,o,s 0
Enclosures
cc: William A. Huston, City Manager
Ronald Nault, Finance Director
1100-9623
35041_1
City of Tustin . .--
CLAIM AGAINST THE CITY OF TUSTIN
(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 within 6 months after the i~cident 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:
C.
f. SOCIAL SECURITY NO:
g. DRIVERS LICENSE NO:
The undersigned respectfully submits the following claim and information
relative to damage to person and/or property:
CITY/ZIP CODE-
' - ' .
TE~PHONE. NO: _( ~/~ )
DATE OF BIRTH: '
2. Name, telephone and post office address to which claimant desires notices
to be sent (if other tha~ above):
3. This claim is submitted against:
a. .. -P/ The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
Co
The City of Tustin and the following employee(s) of the City
of Tustin only:
4o Occurrence or'event fro~. which the claim .a/~i?es:
So DATE: 7~W~(_~ c~~ f~~-/w~ ~9
b. TIME:
c. P~CE (Exact ~nd specific Locati~l:
d. BOW an~ under what circ~stances ~id damage or ih~u~
the particular occurrence, event, act or omission you claim caused
e. WHAT particular .~tion by the City, or it'. 'employees, caused the
. alleged ~amage or injury?
5. Give a description of the injury, property damage or loss so far known at
the time of this clai. m. If t~ere were no in'uries, state "no 'n~ r~.~,,.
, J . 1 ~u ....
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
~'7.~/.~.~_., ,~x' ~~e ow~er or any damaged proper~v:
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 (include 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
COP3~CT.
Executed this ~~ day of ~-/'~/~-~~
,19 ~, at Tustin California.
JATE FILED:
1: CLFORM
evised 4/29/91
RUSSELL EONSTRUETION
165 S Los Mesquites · Orange, CA 92669
(714) 997-5617 · Lic. 595496
j
/"PPROPOSAL SUBMITTED TO ,,"'.'~.¢4/'¢? -~'/-' ' "7.
STREET
·
CITY, STATE AND ZIP CODE ' ..~ "/ ! ~?
k~TTHOMAS GUIDE c:.'?
(} =? ~ t:'7 DATE OF PLANS
Proposal & Contract
Page No. of Pages
JOB NAME
We hereDy propOse lO furnish malecmls aha lal:x;~ necessary for Irm completion of:
JOB LOCATION
"/ ~ .. /
J JOB PHONE
WE PROPOSE: hereby to fu, rnish materials and labor - complete accorda__~nce with the above specifications, for the sum of:
' .
't r':.,! ', < ¢ r", '..', I ',; ....... '-
/
dollars ($ )
Ali material is guaranteed lo be as specified, all work lo be compleled in a substantial
workmanlike manner according to specifications submined, per standard praclices.
Any alteration or deviation from above specifications involving extra costs will be
executed only upon written orOer$, and will become an extra charge over and
above Ina estimate. Terms are 30% retention, balance due upon completion, unless
olherwise noted. Our workers are fully covered by Workmens' Compensation Insurance.
ACCEPTANCE OF PROPOSAL The above prices, specifications and
conditions are satifactory and are hereby accepted. You are aulhorized to do the work as
specified. Payment will be made as outline above.
Date of acceptance:
1
Note: This Proposal may be withdrawn by us if not accepted
within ~,.~ days,
Signature
NOTICE TO OWNER: (Section 7019--Contractor's License Law) Under the Mechanics' Lien Law, any contractor, subcontractor, laborer, materialman or other person
,.'no helps to improve your proper~y and is not paid for his labor, services or malarial, has a right Id enfome his claim against your property.
Under the law, you may protect yourself against such claims by filing, before commencing such work of improvement, an original contract for the work of improvement of a
· 3dilication thereof, in the office of the county recorder of lhe county where the properly is situated and requiring that a contractor's payment bond be recorded in such office.
~d bond shall be in an amount not less than lilly percent (50%) of the contract price and shall, in addition to any conditions for the pedormance of the contract, be
;ndit~oned for the payment in full of the claims of all persons furnishing labor, services, equipment or materials for the work described in said contract,
Contractors are required by law to be licensed and regulated by the Contractors' State Llcenee Board.
Any question concerning a contractor may be referred to the registrar of the board whose address is:
Contractors' State License Board
1020 N Street · Sacramento, California 95814
1-800.321-2752
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