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Home My WebLink About04 CLAIM #94-35 10-03-94NO. 4 10-3-94 ATE: September 19, 1994 Inter-Com TO: FROM: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY ATTORNEY CLAIMANTS: DAVID & KATHLEEN RIZZOTTO; CLAIM NO: 94-35; D/L: 2/28/94; DATE FILED W/CITY: 9/6/94; C. WARREN FILE NO: S78484CLB After investigation and review it is recommended that the above-referenced claims be rejected and the City Clerk directed to give proper notice of the rejection to the claimants and to the claimants' attorney. "Lois E. Jeffrey ( // Enclosure: Copy of Claim cc: Carl Warren & Co. Finance Director City Manager CHARLES A. MURRAY CALIFORNIA & OREGON BAR DIANE COOPER CHARLES A. MURRAY 17491 IRVINE BOULEVARD TUS~TIN, CALIFORNIA 92680 TELEPHONE (714) 836-1773 FAX: (714) 730-2195 September 1, 1994 City Clerk's Office CITY OF TUSTIN 300 Centennial Way Tustin, CA 92680 Re: Our Clients: Date of Loss: David and Kathleen Rizzotto 2-28-94 Dear Sir or Madam: Enclosed please ~fnd an AMENDED original and one copy of the first page of the CLAIM FOR MONEY OR DAbIAGES. The only change on the front page of the amended Claim is the date of damage which was February 28, 1994, not 1993. We served the original Claim on the City of Tustin by certified mail on August 24, 1994. Please stamp the copy of the amended Claim to confirm receipt and return it to this office in the self-addressed, stamped envelope provided for your convenience. Thank you for your courtesy and cooperation in this regard. Please do not hesitate to call if you have any questions or comments. Co~d~ally,~ CHARLES A. MURP~AY Attorney at Law :mea Enclosures cc: David and Kathleen Rizzotto CLAIM FOR MONEY OR DAMAGES (FILE ORIGINAL) TO: CITY OF TUSTIN NAME AND ADDRESS OF CLAIMANTS: David Rizzotto and Kathleen Rizzotto EXACT DATE AND HOUR DAMAGE OR INJURY OCCURRED: February 28, 1994, at approximately 4:06 a.m. W~ERE DAMAGE OR INJURY OCCURRED: Intersection of Enderle Center Drive and Vandenberg Lane, City of Tustin, County of Orange, California. in the W~IAT PARTICULAR ACT OR OMISSION ON T~E PART OF COUNTY OFFICERS OR COUNTY EMPLOYEES CAUSED T~E INJURY OR DAMAGE? (GIVE EXACT DETAILS). The City of Tustin failed to construct appropriate protective barriers in front of the Rizzotto's residence despite warnings of a previous accident and a request by the Park Tustin Homeowners Association thereafter made to the City of Tustin to erect the appropriate protective barriers. W~AT DAMAGE OR INJURIES DO YOU CLAIM RESULTED? As'a result of the City's failure to erect protective barriers on February 28, 1994, a driver crashed into the Claimants' wall causing extensive property damage and severe emotional distress. Page 1 of 2 CLAIM FOR MONEY OR DAMAGE,~ (FILE ORIGINAL) TO: CITY OF TUSTIN NAME AND ADDRESS OF CLAIMANTS: David Rizzotto and Kathleen Rizzotto REFER ANSWER TO: Charles A. Murrav, Es~. 17491 Irvine Blvd., ~100 Tustin, California 9268~ (714} 838-1773 (Dhone #) EXACT DATE AND HOUR DAMAGE OR INJURY OCCURRED: February 28, 1994, at approximately 4:06 a.m. WHERE DAMAGE OR INJURY OCCURRED: Intersection of Enderle Center Drive and Vandenberg Lane, City of Tustin, County of Orange, California. in the W~AT PARTICULAR ACT OR OMISSION ON THE PART OF COUNTY OFFICERS OR COUNTY EMPLOYEES CAUSED THE INJURY OR DAMAGE? (GIVE EXACT DETAILS). The City of Tustin failed to construct appropriate protective barriers in front of the Rizzotto's residence despite warnings of a previous accident and a request by the Park Tustin Homeowners Association thereafter made to the City of Tustin to erect the appropriate protective barriers. WHAT DAMAGE OR INJURIES DO YOU CLAIM RESULTED? As a result of the City's failure to erect protective barriers on February 28, 1994, a driver crashed into the Claimants' wall causing extensive property damage and severe emotional distress. Page 1 of 2 CHARLES A. MURRAY CALIFORNIA & OREGON BAR DIANE COOPER CHARLES A. MURRAY 17491 IRVINE BOULEVARD TUSTIN, CALIFORNIA 92680 TELEPHONE (714) 838-1773 FAX: (714) 730~21~5 August 24, 1994 Via Certified Mail Z 107 623 875 City Clerk's Office CITY OF TUSTIN 30~ Centennial Way Tustin, CA' 92680 Re: Our Clients: Date of Loss: David and Kathleen Rizzotto 2-28-94 Dear Sir or Madam: Enclosed please find an original and one copy of the CLAIM FOR MONEY OR DAMAGES which we are serving on the City of Tustin be certified mail. Please stamp the copy on the date it is received and return it to this office in the self-addressed, stamped envelope provided for your convenience. Thank you for your courtesy and cooperation in this regard. Please do not hesitate to call if you have any questions or comments. :mea Enclosures CC: Cordially, David and Kathleen Rizzotto CLAIM FOR MONEY OR DAMAGES (FILE ORIGINAL) TO: CITY OF TUSTIN NAME AND ADDRESS OF CLAIMANTS: David Rizzotto and Kathleen Rizzotto REFER ANSWER TO: Charles A. Murray, Esq. 17491 Irvine Blvd., #100 Tustin, California 92680 (714} 838-1773 (phone #) EXACT DATE A_ND HOUR DAMAGE OR INJURY OCCURRED: February 28, 1993, at approximately 4:06 a.m. WHERE DAMAGE OR INJURY OCCURRED: Intersection of Enderle Center Drive and Vandenberg Lane, City of Tustin, County of Orange, California. in the ~ikT PARTICULAR ACT OR OMISSION ON THE PART OF COUNTY OFFICERS OR COUNTY EMPLOYEES CAUSED THE INJURY OR DAMAGE? (GIVE EXACT DETAILS). The City of Tustin failed to construct appropriate protective barriers in front of the Rizzotto's residence despite warnings of a previous accident and a request by the Park Tustin Homeowners Association thereafter made to the City of Tustin to erect the appropriate protective barriers. WHAT DAMAGE OR INJURIES DO YOU CLAIM RESULTED? As a result of the City's failure to erect protective barriers on February 28, 1994, a driver crashed into the Claimants' wall causing extensive property damage and severe emotional distress. Page 1 of 2 WHAT SUM DO YOU CLAIM FOR EACH ITEM OF INJURY OR DAMAGE: (Show basis of computation of the amount claimed, such as the date an item was purchased, amount of medical bills, etc.) Claimant estimates general damages at approximately $100,000.00 and special damages, to date, as follows: Dr. Kathe Kerr $630.00 NAMES AND ADDRESSES OF WITNESSES, DOCTORS, AND HOSPITALS: 1. Kathe Kerr, Ph,D., 275 Centennial Way, #100, Tustin, CA 92680 2. John Michael McGillivray, 3. City of Tustin Police Officer Silkeo, Badge no. 929 I swear or affirm that the foregoing is true and correct under penalty of perjury. Executed at Tustin, California, this 24th day of Auqust, 1994. NOTICE: CLAIMANT CHARLES A. MI3RRAY, ESQ. Attorney for Claimants DAVID & KATHLEEN RIZZOTTO Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisornnent in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison for a period of not more than five years, by a fine of not exceeding ten thousand dollars ($10,000.00), or by both such imprisonment and fine."