HomeMy WebLinkAbout09 CLAIM #95-39 11-20-95 LAW OFFICES Of
ROURKE. WOODRUFF & SPRADLIN
MEMORANDUM
NO. 9
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TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
RE:
November 14, 1995
Claim of Vilma Flores: Claim No. 95-39
RECOMMENDATION
After investigation and review it is recommended that the above-referenced claim
be rejected and that the City Clerk be directed to give proper notice of the rejection to the
claimant and to the claimant's.attorney.
DISCUSSION
This claim is brought by Vilma Flores on behalf of herself and five minors who were
riding in her vehicle when she struck the City's police car. The claim alleges unspecified
damages due to personal injury and property damage. This claim is related to the Brown
claim that was recently rejected by the City Council. In this instance a Tustin police officer,
responding to an emergency situation, with his emergency lights and siren on, was struck
by Ms. Flores' vehicle. The Police Department's collision report concluded that, based on
the evidence gathered at the scene, the statements obtained, and a review of all reports,
that Ms. Flores was the primary cause of the collision in that she failed to yield to an
emergency vehicle in violation of the vehicle code.
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' it / /
LOIS E. JEFFREY,;/.
Enclosure
cc: William A. Huston, City Manager
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LAW OFFI(::~ Ol~
ROBERTO ~ BO R'~I '
& ASSOC~~
~ w. ~A~ ~. s~ ~o
(7~4) ~.~o
ATTORNEY FOR CLAIMANT
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
VILMA FLORES; KATHY MORAN, A ) CASE NO: Not yet assigned
MINOR VIA HER G.A.L. VILMA )
FLORES; JESSICA FLORES, ) ..
A MINOR VIA HER G.A.L. )
ROLIBERTO FLORES; MARTHA )
FLORES, A MINOR, VIA HER G.A.L.)
ROLIBERTO FLORES; JACQUELINE )
FLORES, A MINOR, VIA HER G.A.L.)
CARLOS FLORES; CLAUDIA )
FLORES, A MINOR VIA HER G.A.L. )
CARLOS FLORES )
VS.
Claimants,
CITY OF TUSTIN,
.Defendant.
)
)
) CLAIM FOR DAMAGES TO
) GOVERNMENTAL/PUBLIC
) ENTITY PURSUANT TO
) GOVERNMENT CODE SECTIONS
) 910, et Seq.
)
)
)
Pursuant to Government Code Section 910, we present
this claim on.behalf of this claimant, our clients, VILMA
FLORES; KATHY MORAN, A MINOR VIA HER G.A.L. VILMA FLORES;
JESSICA FLORES, A MINOR VIA HER G.A.L. ROLIBERTO FLORES~.
MARTHA FLORES, A MINOR, VIA HER G.A.L. ROLIBERTO FLORES3.
JACQUELINE FLORES, A MINOR, VIA HER G.A.L CARLOS FLORES; AND
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CLAUDIA FLORES, -A_ MINOR, VIA HER G.A.L. CARLOS FLORES
and request that your notice regarding this matter be sent
to us.
1. Na~es and post office addresses of all of the
claimants and their respective guardian ad litems
are as follows:
.
-. A) Vilma Flores; Kathy Moran, a minor via
her G.A.L. Vilma Flores:
B) Jessica Flores and-Martha Flores, minors,
via their G.A.L. Rolibert° Flores:
C) Jacqueline Flores and Claudia Flores, minors
via their G.A.L. Carlos Flores:
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2. The post-office address to which all of the
claimants and their respective guardian ad litems.
desire notice of this claim to be sent is as
follows:
LAW OFFICES OF ROBERTO AGUSTIN BOHM
200 W. Santa Ana Blvd. #910
Santa Ana, Ca. 92701
3. On July 19, 1995 the following occurences took
place ·
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~Claimants, while, driving and-or being-.passengers
in a 1984 Isuzu Impulse, California license
1J~SW477, on Pasadena Avenue, in the City of
Tustin, on 7/19/95 at 1900 hours were struck by
a Police Unit #807, California license
#E0647567 CA, thereby causing the injuries herein
alleged.
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The following are the elements of negligence in
this claim:
A. Unsafe driving by the police officer,
Charles Carvajal, who was in the'scope of his
employment with the city of Tustin..
B. Failure to comply with governmental
..'regulations. regarding safety precautions
required of police vehicles during emergency
response and/or police chase·
Date, time and place of damage or injury:
July 19, "1995 at 1900 hours on or near Pasadena
Avenue, approximately 99 feet North of NCL Whitby
Circle located in the City of Tustin in the County
of Orange.
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6. SO far ~s_ it is known to VILMA FLORES at the
date of filing of this claim, Claimant has
incurred damages in an amount according to
proof; due to the following injuries:
Claimant, Vilma Flores is alleging that she
injured her head, neck and back.
7. So far as it is known to Martha Flores
at the date of filing of this claim, .Claimant .
has incurred damages in an amount according
to proof; due to the following injuries:
claimant, Martha Flores is alleging that she
injured her back, neck, head and upper
extremities.
8. $o far as it is known to Claudia Flores at
the date of filing of this claim, Claimant
has incurred damages in an amount according
to proof; due to the following injuries:
Claimant, Claudia Flores is alleging that she
injured her neck and shoulders. _
9. So far as it is known to Jacqueline Flores at the
date of ~%li~g of this claim, Claimant has
incurred damages in an amount according to proof;
due to the following injuries:
claimant Jacqueline Flores is alleging that
she injured her neck, right leg, head, and
right arm.
.10. So far as it is known to Jessica Flores
at the date of filing of this claim,
claimant has incurred damages in an amount
'according to proof;.due'to the following
injuries'.
Claimant Jessica Flores is alleging that she
· · injured her neck and back ....
11. So far as it is known to Kathy Moran at
the date of filing of this claim, claimant
has incUrred damages in an -mount according
to proof; due to the following injuries:
Claimant, Kathy Moran is alleging that she
injured her neck, right shoulder ~nd both
legs.
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12. How did the Injuries occur:
The Flores' vehicle, while traveling North bound
on Pasadena Avenue, slowed to turn left into the
driveway of her apartment complex. Their 84 Isuzu
was struck by a Police Unit, who was travelling on
the wrong side of the street, without any
emergency lights nor any sirens.
· 13. Jurisdiction over this claim shall rest in the
DATED:
/9
· Orange County Superior~gurt..
10-11-95
R~a ESQ.
A intiff
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(PROOF OF SERVICE)
STATE OF CALIFORNIA, COUNTY OF ORANGE
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I am a resident of the county aforesaid, I am over the
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age of eightee~ears and not a party of the-within entitled
actions, my business address is 200 W. SANTA ANA BLVD. #910
SANTA ANA, CALIFORNIA 92701.
I served the foregoing document(s):
CLAIM FOR DAMAGES TO GOVERNMENTAL/PUBLIC ENTITY PURSUANT TO
GOVER1TMENT CODE SECTION 910, et seq~
On the stated parties in th~ said action by placing a
true copy thereof enclosed in a sealed envelope with a
postage thereon fully prepaid, in the United States mail at
Santa Aha, California addressed as follows:
City of Tustin
300 Centennial Way
Tustin, CA 92680
Atten: City Clerk
I declare under penalty of perjury that the above is
true and correct.
18 . at Santa Ana, Californi'a
Executed on Octo 12, 1995,
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9270
2021 ~~/~~~~~~'P oof~~oof rv ' c~~~ Marisela Gallegos
· se mail form being signed under
penalty of perjury does not require notarization.
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