HomeMy WebLinkAbout03 CLAIM #94-11 04-19-94AGENDA
NO. 3
4-19-94
,
. ·
DATE:
MARCH 29, 1994
Inter-Com
TO:
FROM:
SUBJECT:
HONORABLE NAYOR AND CITY COUNCIL
CITY ATTORNEY
CLAIMANT: TRI STAR TOWING; CLAIM NO: 94-11; D/L: 10-10-92;
DATE FILED W/CITY: 03-07-94 & 03-21-94; CARL WARREN FILE NO:
B 77834 CLB
After investigation and review it is recommended that the
above-referenced claim be rejected and the City Clerk directed to
give proper notice of the rejection to the claimant and to the
claimant's attorney.
JOR:j~:~2994(CL-~I 1 .~)
Enclosure: Copy of Claim
cc: Carl Warren & Co.
Finance Director
City Manager
GREGORY 2 ABT
RICK L. RA-',SFORD
LAW OFFICES OF
GREGORY D. ABT
26002 MARGUERITE PARKWAY
SUITE i 44
MISSION VIE JO, CALIFORNIA 92692
(714) 459-9446
FACSIMILE
(714) 459-9464
March 18, 1994
City ~f Tustin
300 Centennial Way
Tus~in, CA
Re-' CLAIM OF TRI STAR TOWING pURsuANT TO
GOVERNMENT CODE SECTION 910, ET. SEQ.
Our File: SkF 113 ..
City of Tustin:
YOU ARE HEREBY NOTIFIED that claimant H.A.B.O., INC. dba TRI
STAR TOWING, whose address for all purposes in the within action is
c/o Law Offices of Gregory D. Abt, 26002 Marguerite Parkway, Ste.
144, Mission Viejo, California 92692, alleges that it is entitled
to indemnity by CITY OF TUSTIN in accordance with the claims set
forth below.
This claim is based upon personal injuries received by
plaintiff SONDRA BERRY-YOUNG on October 10, 1992, after
encountering a defect in the roadway. When the incident occurred,
plaintiff's vehicle had run out of gasoline at or near the
westbound Freeway 22, at or near its intersection with Freeway 55
where there was an open utility box on the side of the road where
plaintiff's vehicle had ran out of gasoline.
On November 9, 1993, claimant was served with a complaint by
SONDRA BERRY-YOUNG, a plaintiff in Orange County Superior Court
case number 718675 entitled Young v. Automobile Club of Southern
California, et. al.
Claimant alleges, among other things that the City of Tustin,
its employees, agents, servants, and independent contractors did
City of Tustin
March 18, 1994
Page 2
negliqently, carelessly, recklessly, and/or in some actual manner
failed to properly design, maintain, supervise, repair, construct,
make use of, and/or warn of a dangerous condition of the roadway at
or about the point where the subject incident occurred. Claimant
alleges that the accident occurring on October 10, 1992 was through
no fault of its own.
Ail notices or other communications with regard to this claim
should be sent to the claimant c/o Law Offices of Gregory D. Abt,
26002 Marguerite Parkway, Ste. 144, Mission Viejo, California
92692.
Dated: March 2, 1994
SAfll3\Claim. 3
LAW OFFICES OF GREGORY D. ABT
Gregory D. Abt, Esq.
Attorney for Claimant
TRI STAR TOWING
PROOF OF SERVICE BY MAIL OF CLAIM PURSUANT TO
GOVERNMENT CODE ~910, et. seq.
STATE OF CALIFORNIA, COUNTY OF ORANGE
I declare that:
I am employed in the County of Orange, California. I am over
the age of eighteen (18) years and am not a party to the within
cause; my business address is 26002 Marguerite Parkway, Box 144,
Mission Viejo, California 92692. On March 18, 1994 I served the
within CLAIM OF TRI STAR TOWING PURSUANT TO GOVERNMENT CODE SECTION
910, et. seq. on the below-referenced entities named herein, by
placing a true copy thereof enclosed in a sealed envelope addressed
as follows:
city of Tustin
300 Centennial Way
Tustin, California
Clerk of the Board of Supervisors
County of Orange
10 Civic Center Plaza, Ste. 465
Santa Aha, CA 92701
Department of Transportation
The State of California
State Board of Control
630 "K" Street
Sacramento, CA 95814
I am readily familiar with the firm's practice of collection
and processing correspondence for mailing. I am readily familiar
'with the firm's practice of collection and processing
correspondence for mailing. Under that practice, it would be
deposited with the United States Postal Service on that same day
with postage thereon fully prepaid at Mission Viejo, California, in
the ordinary course of business. I am aware that on motion of the
party served service is presumed invalid if postal cancellation
date or postage meter date is more than one day after the date of
deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct and that this
declaration was executed on March 18, 1994 'at Mission Viejo,
California.
CORINNE F. ABT ~~ ~ ~ ~