HomeMy WebLinkAbout11 CLAIM #95-32 10-16-95 LAW OFFICES OF
ROURKE. WOODRUFF & SPII,~.DI,IN
A PI~OFESSlONAL CORPORATION
NO. 11
10-16-95
MEMORANDUM
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
RE:
October 10, 1995
Claim of Bruce A. Traywick; Claim Number 95-32
RECOMMENDATION:
After investigation and review, it is recommended that City Council reject the claim
and direct the City Clerk to give proper notice of the rejection to the claimant and to the
claimant's attorney.
DISCUSSION:
The Claimant alleges that the City illegally towed his vehicle and damaged the
transmission in the process. The amount claimed is $898. Mr. Traywick's RV was cited
for violation of Tustin City Code Section 5330(e) that prohibits the parking of any vehicle
in any street or alley for a consecutive period of more than 72 hours. Police records show
evidence to support the City's position that the vehicle was parked on the street for more
than a 72 hour period. Mr. Traywick protested the parking citation. The hearing examiner
concluded that the citation was good, and that Mr. Traywick did not provide evidence to
show that the vehicle had been in another location or in use during the period in question.
Mr. Traywick has appealed the decision to the Municipal Court. If the transmission was
damaged, Mr. Traywick certainly has the right to pursue a claim against the towing
company. However, the citation for the tow indicates~no City liability.
' ~' "% .': i"
LoIS E. JEFF./,' .'
Enclosure
cc: William A. Huston, City Manager
City of Tustin
RIM AGAINST THE CITY OF
(For Damages to Persons or Person=x' Property)
The law provides generally that a claim must be filed with the City Clerk
the City of'Tustin within 6 months after the incident or event occurred.
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:
The undersigned respectfully submits the following claim and information
relative to damage to person and/or property:
b. ADDRESS OF CLAIMANT:
c. CITY/ZIP CODE:
d. ~PHONE NO: ,( ~ (~
e. DATE OF BIRE: ~-~
f. SOCIAL SE~TY NO:
g. DRI~ LIC~SE NO:
2. Name, telephone and post office address to which claimant desires notices
to be sent (if other than above):
3. This 'clai~ is submitted against:
a. b~ The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
C.
The City of Tustin and the following employee(s) of the City
of Tustin only:
4. Occurrence or event from which the claim arises:
a, DATE: ~- 2 ~. ~--
c. PLACE (Exact and specific location): ./L+~-/ /3/~F;~-/<~ ~ T'-
k
d. HOW and under what circumstances did damage or injury occur? Specify
the particular occurrence, event, act or omission you claim caused
t~.e~njury or damage (Use additional paper if necessary):
ac
WHAT particule nction by the City, or J*- employees, caused the
alleged damage injury? ~
5. Give a description of the injury, property damage or loss so far known at
the time-of this claim. If there were no injuries, state "no injuries".
6. Give the name(s) of the City employee(s) causing the damage or injury:
~ ~ F=~ C ~ ,~Z /v~ c Z. ,~' d.-/; /.- i~-
7. Name and address of any other person injured:
8. Name and address of the owner or any damaged property:
a. Amount claimed as of the date: -...
b. Estimated amount of future costs: ,-z~~-
c. Total amount claimed: ~7 .~ ~ ~'?~-'_ 0
d. Attach basis for computation of amounts claimed (include .copies o~
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 ~s to such matters I believe the same to be
true. I'certify under penalty or perjury that the foregoing is TRUE AND
CORRECT.
Executed this //~ day of ~D ~. ..., 19 ~-, at Tustin, California.
Bi ' CLFORM
Revised 4/29/91