HomeMy WebLinkAbout08 CLAIM #95-13 06-05-95NO. 8
6-5-95
MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
May 11, 1995
Claimant: Winemiller, Pamela; Claim No.' 95-13; D/L: 4/18/95;
Date Filed w/City: 4/27/95; Carl Warren File No.' S 84131 PRB
Recommendation:
After investigation and review it is recommended that the above-referenced claim be
rejected and the City Clerk be directed to give proper notice of the rejection to the claimant and
to the claimant's attorney.
Lois E. Jeffl~ //l/ ~
Enclosure: Copy of Claim
CC:
Carl Warren & Co.
Finance Director
City Manager
1100-00022
13005_1
-.
· ' City of Tustin
'-~..~ _M AGAINST THE CITY OF ~-.~_ .~
(For Damages to Persons or Personal Property)
The law provides generally that a claim must be filed with the City Clerk of
the City of'Txlstin within 6 months after the incident or event occurred. Be
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 B~CK 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. ~D~SS OF C~m~T: ~ ~
c. C~TY/Z~P COD~: .,~ .
d. ~PHONE NO: ~-~ ) ,
e. DATE OF BIRTH: -~-~
f. SOCIAL SECURITY NO:
~~~
2. Name, telephone and post office address to which claimant desires notices
to b~ sent (if other than above):
3. This claim is submitted against:
a. ~ The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
Ce
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: ~-t ~ -9 ~
b. TIME: B: ~L p~
c. PLACE (Exact and specific location): ~e% Cts~ ~ ~herew
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 necessary):
~~ le+ 4%,en~ b0rr0,~ ~¥ O~r. Fc,e~d ~oa~
e. k-HAT par%icu! ' action by the Cisy, or { - employees, caused the
alleged damagK.....' injury? ,.
b. 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".
630 l~,_..~k¢~,(::'-'". '"-'" C~Ot~-~ ~~---------"~'~/
6. Give the name(s) of the citY employee(s) causing the damage or injury:
7. Name and address of any other person injured:
8. Name and address of the owner Or any damaged proPerty:
9. Damages claimed:
a. A~ount claimed as of the date:
b. Estimated amount of future costs:
c. Total amount claimed:
d. Attach basis for computation of amounts claimed (include .copias of
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 as 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 ~ ,19~/ at Tustin California.
CLAI¥~kNT ' ~NATURE
.." - CLFORM
Revised 4/29/91
-'ear.: 78
'~a~-.'.e: ]'OYO ," 'YEL.
Stc,~age/' IN: 04/i8/95 Eot
Stc,'~-a.qe/OUf: 04./1
~':1 [t er~/'v: '1" t'-':'D
..
,:,~ecl F:--,z,i,~: DEL APlO
.
Desc~-i pt lc, r,
Qty.
I:'r i ce
F >< b er, Oeo
)AVl O ~' 1
} P. V I D 51
-'avmer, c: CASH
Acciaer, t / lmp,-,ur, a / bt,z,'~-ea
WR I ]'E-O~'~'
St ,:,¥'a g e
75.
- i 5.
i,_,"'. O0 Pe~' l) av
TO I' t::lL .... :
F:EL:EI VED. :
1_~ F}I_~.]i',IC E.. :
75. O0
- i ~. O0
30."
-~ne ur, aersigr, eo, cio hereby cer. i.i~y tnat i am legally au-
'.z,'~ise~ ar,~ er~titled to, take possess i or, c,f the vehicle des-
i~eo above ar, o all P~c, pe~ty tbe'r-eir,. I have ~ec-eived venl-
e ir, satisfactc,~v c.;,nOitic, r, . L~ ]'r~e ur, aersigr, e~ hereby ~e-
ases ~ne above cc, mc, ar~y f"~c,m all ilar,~lity for. Oan~ages/lc, ss
vehicle aesc. above causec~ Ov mc, vir, g, towlr, g ,:,~ c, tne~wise
CusZ. c, rne~- SiDr, atu~e. (~, _ _ ,
?$0 The Cir~ Dri~
S-he 400
(7~) 740-799~
(~00) S72-6~00
?amela~ean W~nemiller
~
RE: Cigy. Fi~m
O/Pr~ncxpal
· D/Incident
Claimant
Our File
May 10, 1995
; 95-13
City of Tustin
: 4/18/ 5
Pamela Winemiller
: S 84131 PRB
Dear Ms. winemiller:
As Claims Adminis~r~Lu~$ for th= City of Tustln, we Are
handling a claim you filed against the City.
Since the driver of your vehicle was stopped, and a warrant
for a person with his name and description was outstanding,
tho driver of' your vehicle wa~ arrested. The vehicle was
then towed and stored under authority of the California
vehicle Code.
Although this is an unfortunate event, it appears the
officers followed procedure properly. Therefore, there would
appear to be no liability on the part of the City.
Accordingly, we have recommended the City deny your claim.
Dhould the City agree with our recommendation, a formal
denial letter will be sent in the mail in the near future.
Very truly yours,
CARL;WARREN & CO~IPANY
$
PR:iw
cc: City of Tustin, Attn: Ron Nault
(.,cc:~ Rourke, woodruff & Spradlin
~ ~, Attn. Loi=%Jeffr~..Y, City Attorney