HomeMy WebLinkAbout14 CLAIM ZAVALA 03-17-03AGENDA REPORT
Agenda Item
Reviewed:
City Manager
Finance Director
14
MEETING DATE: MARCH 17, 2003
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
CLAIM OF JAVIER ZAVALA; CLAIM NO. 03-02
SUMMARY:
The City Attorney is recommending denial of the claim.
RECOMMENDATION:
Deny the claim and direct the City Clerk to send notice thereof to the claimant and the
claimant's attorneys.
FISCAL IMPACT:
None.
DISCUSSION:
The claimant alleges $4,500 in damages for the total loss of his 1986 Ford F150 pickup
truck. The claimant alleges that on January 25, 2003 between approximately 11:00
p.m. and 12:00 midnight, his truck was damaged by a City-owned eucalyptus tree that
fell on his truck. There is no evidence that the City-owned tree was not properly
maintained. On the night of January 5 and through January 6, 2003, Orange County
was subject to gust of wind up to 75 mph. After investigation by the City's Claims
Administrator and this office, it is recommended that the claim be denied because the
damage occurred due to an act of nature and not to City negligence.
ATTACHMENT:
Copy of the Claim
165759.1
Office of the City Clerk
J I I I
]anuary lO, 2003
II
Carl Warren 8, Co.
P. O. Box 25180
Santa Ana, CA 92799-5:L80
Transmittal of Document(s)
Claimant ' .lavier Zavala
City Claim No · 03-02
Filed With City: :L/10/03
X Receipt of Claim/Summons/Complaint
By: Personal Service
City of Tustin
300 Centennial Way
Tustin, CA 92780
714.573.3026
FAX 714.832.0825
The enclosed records were presented to this office as indicated above and have been
referred to the appropriate City department for investigation and also to the offices of
Woodruff, Spradlin and Smart, Attn: Lois E. Jeffrey, City Attorney. By this letter, you are
authorized to commence the necessary investigation of this claim on behalf of the City.
'We request that you give such notices as may be appropriate to the City's insurance
carrier(s) and further request that you submit your preliminary and all subsequent reports
to the City, with a copy to the City Attorney and to the insurance carrier(s) if they so
request. Upon receipt of advice from the City Attorney, we will plan to present this
matter to the City Council and/or take such other steps as are directed by the City
Attorney.
A copy of this letter and enclosures were sent on .January 10, 2003 to the City Attorney
and Department Head, and the original was forwarded to the Finance Department.
Sincerely,
Marcia Brown
City Clerk's Office
Enclosures: (as above)
C:
City Attorney
Department
Finance Department (orig copies)
CITY OF TUSTIN
'CL,..,~ AGAINST THE CITY OF T,- 3TIN
(For Damages to Persons or Person~j~.~roperty)
w rov,des enerall that a cla,m must be filed w,th the c,t Cler~~'/~ 'u. 'in Within six (6)
p ' Y ' . ' 'Y
months after the incident or event occurred. Be sure your claim is against the City o.:F~;j~t~; not another
public entity. 'Where space is insufficient, please use additional Paper and identib""~ormation by
paragraph number. Completed claims must .be mailed or delivered to.the City Clerk, City o-f Tustin, 300
Centennial Way, Tustin, California 92780.
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:
.
.
a. Name of Claimant:
b. Address of Ciaimant:
c. CitY/ZipCode: -~'
d. Telephone Numb~r~'3,.~,
e.' Date of Birth: ~.\ ~
f. Social Security Number:
g. Driver License Number:
Name, telephone, and post'office address to Which claimant desires notices to be sent (if other than
above):L
,
This claim is submitted against:
a. .,,~_ The City of Tustin onlY.
b. The following employee(s) of the City of Tustin only:
._
The City of Tustin and the following employee(s) of the City of Tustin only:
C,
,
..
Occurrence or,event fro~ which the claim arises:
a. Date: ~)~/bS~ b% , '
j
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 additional
paper if.necessa. ~~ T'~-P C 4<: i~
e~
What pa.~. icular action by the city, or its ,employees, caused the' alleged damage or injury?
.
6~
Give a description of the injury, property damage or loss so far known at the time of this claim.
there were no injuries, state "no injuries".
Give the name(s) of the City employee(s) causing the damage or injury:
,.
.
Name and address of any other person injured:
o
o
10.
.~ ¢,.¢~/...~. ~ ~.,.,' ~- r_.~
Name and address of the owner of any damaged property:
Damages Claimed:
a.
b.
C.
d.
Amount claimed as ofthis date: ~ f~¢ro ~."~ ~fl 5.0o V,:'.~! u~-~ o¢'
top
Estimated amount of future costs: ncc('- -<~,c6.. · -~
Total.amount claimed· ~q, ~62 D '- r%2
·
Attach basis for computation of amour~t~ claimed (include copies of all bills, invoices,
estimates, etc.')
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 ;~_...............~~ .... under penalty of perjury that the foregoing is true and correct.
Claimant's Signature: ~-/_? ·
Executed this tl)) )"~z day of ~'o ~v' ov-~ ,20 U? .
!
Date filed this jfl' day of I,~,'~. ~ , 20 % ~ .
2:CLAIM (1100)
~ !ii