HomeMy WebLinkAbout09 CLAIM #95-14 06-05-95/
NO. 9
6-5-95
TO:
FROM:
DATE:
MEMORANDUM
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
,.
Z3 995
,, ADk tlNISTRAIION
May 19, 1995
Claimant: Chvatal, Mary; Claim No.' 95-14; D/L: 3/14/95;
Date Filed w/City' 5/9/95; Carl Warren File No.' S 84148 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.
Background:
Although the amount of the claim is low, $623.00, in the opinion of the claims
administrator for Carl Warren & Co., there is little likelihood on liability on the part of the City.
This is based on the experience the administrator has had in reviewing such matters for other
cities. The typical cause for such damage is an old or defective pipe or joint. Carl Warren's
claims administrator, Patti Ramos, has won numerous cases like this for cities in small claims
court. Even if the City Council agreed to pay this claim, it is likely that the claim will reoccur
because the clean-out (which is the "fix" selected by the property owner) does not cure the
underlying defective or deteriorating pipe problem. In other words, the City can expect
subsequent claims because the underlying problem hasn't been addressed. See letter from Carl
Warren & Co., dated 5/17/95 to the property owner.
/
I.~ois E. Jeffrc~ U ~J ~)
Enclosure: Copy of Claim
CC:
Carl Warren & Co.
Finance Director
City Manager
1100-00022
13320_1
City of Tustin
C--,~H 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
the City of'Tustin within 6 months after the incident or event occurred. 5~
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 PLACE 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:
1. a. NAME OF CLAIMANT:
b. ADD.SS OF C~I~T:
c. CITY, ZIP CODE:
d. .TE~PHONE NO: _(' ~
e. DATE OF BIRTH:
f. SOCIAL SECURITY' NO
g. DRI~ LICENSE NO
-2. Name, telephone and post office address to which claimant desires notice
to be 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: ~ --/~ -
b. TIMF-:. c~ :~ro
c. PLACE (Exact and specific location):
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):
e'. WHAT ~-' ~'
~...icu action by the City, or. ~ employees, caused the
alleged dama~ ..... ~r injury? .._.t
_
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:
~/~
7. Name and address of any other person injured:..
8..Name and address of the owner or any damaged property:
9. Damages claimed:
a. Amount claimed as of the date:
b. Estimated amount of future costs:
c. Total amount claimed:_
d. Attach basis for computation of amounts claimed (include copies 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 g~, at Tustin, California.
~ 1: CLFORM
Revised 4/29/91
Cl O Cl
O~OnD
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121 .EI'n n"12
DEIDCIEIDE]
1//Ill"lb '11111~I/1IIII111II11,~I1
· . Insurance Adjusters
Claims Managcmc,~ and Admini,tration
750 Thc City Drive
Suite 400
()ranFc, CA 92668
Mail: P.O. Box 25180
Santa Aha, CA 92799-5180
(714) 740-7999 /"
(800) 572-6900 ~
FAX: (714)7992 ~
Mary/Kay Chvatal
RE: City File
Principal
D/Incident
Claimant
Our File
May 17, 1995
: 95-14
: City of Tustin
: 3/a. 4/95
: Mary Chvatal
: S 84148 PRB
Dear Ms. Chvatal:
As Claims Administrators for the City of Tustin, we have
investigated a claim you filed against the City.
Our investigation indicates that lateral lines are the
responsibility of the homeowner. As a rule, most tree roots
will not damage a sewer lateral line. They will seek the
path of least resistance and grow over or under the lateral.
If the pipe or joint is defective or has deteriorated due to
age (we understand your is approximately 25 years old), or
has cracked due to earthquake or land settling, tiny hair
roots will enter. Once inside the line they grow rapidly due
to the natural fertilization provided by the sewer contents.
Since the City is not responsible for your damages, we have
recommended the City deny your claim. Should the City agree
with our recommendation, it will send a formal denial letter
in the mail in the near future.
Very truly yours
CARL WARREN & COMPANY
'Patty R~mos
PR:iw
cc: City of Tustin, Attn: Ron Nault
\
c: Lois Jeffrey, Esq., City Attorney