HomeMy WebLinkAbout03 CLAIM #94-52 01-16-95A PROFESSIONAL CORI~C'RATION
NO. 3
1-16-95
MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of thc City Council
City Attomey
January 5, 1995
Claimant(s)' Raymond Brooks; Claim No.' 94-52; D/L 6/6/94;
Date Filed w/City: 12/5/94; Carl Warren File No.' S 78720 CLB
After investigation and review it is recommended that the above-referenced claim be
rej~ted and that the City Clerk be directed to give proper notice of the rejection to the claimant
and to the claimant's attorney.
Enclosure:
Copy of Claim
Letter from Carl Warren & Co. dated 12/22/94
cc:
Carl Warren & Co.
Finance Director
City Manager
City Clerk
1102-00001
6064_1
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(SPACE BELOW FOR FILING STAMP ONLY)
ROLAND G. RUBALCAVA
Attorney At Law
17821 East 17th St., Suite #180
Tustin, CA 92680
(714) 730-9363
Atwmey for
RAVMO_NH'~ 1 .Vt .F BROOKS
CLAIM AGAINST THE CITY OF TUSTIN
The claimant's name and post office are as follows:
RAYMOND LYLE BROOKS
2. I desire notices to be sent to the following post office address:
ROLAND G. RUBALCAVA
Attorney at Law
17821 E. 17th St. Ste. 180
Tustin, California 92680
3. The date, place and other circumstances of the occurrence or
transaction that gave rise to this claim are as follows:
On June 6, 1994: at approximately 9:00 p.m. at a place of business
kno~m as The Jolly Roger Restaurant located at 1727 East Dyer Road,
Irvine, California, claimant, RAYMOND LYLE BROOKS suffered personal
damages.
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On said date and time, Claimant, his wife and friends exited the
subject business. Claimant and his wife conversed with friends for
approximately 10 minutes outside the Exit door of the Jolly Roger
Restaurant and then walked in a northbound direction to the parking lot
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behind the restaurant where claimant's vehicle was parked. As claimant's
wife, Mrs. Brooks conversed with a friend, claimant proceeded to the
driver's side to unlock the vehicle. The lighting in the parking lot was very
dim and caused claimant to trip and fall over a broken cement plan~.ter.
4. A general description of the injuries incurred is as follows:
Claimant, RAYMOND LYLE BROOKS sustained multiple abrasions
and lacerations including both hands, left knee, his left eye, forehead;
Claimant also sustained pain and injuries to both arms, fight elbow, left
wrist, neck and back
5. Claimant, RAYMOND LYLE BROOKS sustained property
damage. A general description of the property damage, as it is now known
is as follows:
' 's damaged and torn;
Broken pair of eyeglasses; clmmant clothing was
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Cost to repair or replace the aforementioned is not yet known.
6. ' The name of'the public entity causing the injuries is the City
of Santa Ana, City of Tustin and the City of Ir¥ine.
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The damages claimed as of the date of presentation of this claim is
within the Jurisdiction of the Orange County Superior Court, State 'of
California.
e
I, RO~ G. RUBALCAVA, the undersigned, am the person
ipresenting this claim on behalf of the claimant above-named.
Dated: December 1, 1994
ROLAND G.RUBALCAVA
Attorney for Claimant
RAYMOND LYI~ BROOKS
(PROOF OF SERVICE - 1013a, 2015.5 C.'C.P.)
STATE OF CALIFORNIA
COUNTY OF ORANGE
I am over the age of 18 years, and not a party to this
action. My business address is 17821E. SeventeenthStreet, Suite
180, Tustin, California. .
On December 5., 1994, I served upon all interested parties
in this action the foregoing document(s) described as
CLAIM AGAINST THE CITY OF TUSTIN
by hand-delivering same to the following address
CITY Cr.RRK-TUSTIN
Second Floor
300 Centenial Way
Tustin, CA
I certify and declare under penalty of perjury under the laws of
the State of California that the foregoing is true and correct.
Executed on December 5 , 1994, at Tustin, California.
16 S~epha~ie Han~6e~g, D~ant
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CARL WARREN & CO.
Insurance Adiu~ters
C!,ums Management and Administration
7.~0 The City Drive
Suite 400
Orange, CA 92t~68
.Mail: P.O. Box 251S0
Santa Aaa, CA 9279~-5180
(714) 740-79q~
(800) 572-6900
FAX: 714-740-790./
Mr. R~and G. Rubalcava
Attojfney at Law
178~1. E. 17th Street, Suite 180
T~tin, CA 92680
Re: Your client/Claimant : Raymond Brooks
D/Accident : 6/6/94
O/Principal : City of Tustin
city Claim No. : 94-52
Our File : S 78720 CLB
DEO 1994
December 22, 1994
,~OURKE, WOOORIIFi: g SPRADLIN
Dear Mr. Rubalcava:
We are the Claims Administrators for the City of Tustin in
their liability self-insurance program. In that capacity, we
are investigating a claim which you filed with the City of
Tustin on behalf of your client, Raymond Brooks, relating to
an incident which occurred on June 6, 1994 at the Jolly Roger
Restaurant located at 1727 E. Dyer Road, Irvine, California.
The claim indicates that your client was walking to the
parking lot behind the restaurant when he tripped and fell
over a broken cement planter, receiving injuries and damages.
The claim alleges negligence against the City of Tustin based
on insufficient lighting.
As Claims Administrator for the City of Tustin, we wish to
inform you that you have unjustly presented a claim to that
City in connection with an incident that in no way involves
that city. This incident occurred on premises owned and
controlled by an entity other than the City of Tustin. The
City of Tustin has no jurisdiction over 'the ~ocation and
propertY where this incident occurred. We have been advised
that this location is within the City limits of the City of
Santa Ana and that the location was on private property.
We have instructed our principal to reject your claim. In
considering your future course of action, we should like to
remind you of the provisions of Code of Civil Procedure
Section 1038. In the course of any litigation filed against
the City, the City will seek the remedies afforded by that
section.
Page 2
S 78720 CLB
It is not the intention of this letter to deter the filing of
any lawsuit against the City where there is a justiciable
controversy under the facts and the law. We do feel that in
this case, there is absolutely no basis for the City of
Tustin to be included in your client's claim.
Under the circumstances, we are sure that you will, as you of
course should, exercise your independent judgement in
advising your clients on the filing of any litigation that
might include our principal as defendant, fully informing
your client of the provisions of CCP Section 1038, before
arriving at your decisions.
If your investigation has revealed information which points
to potential involvement of the City of Tustin, we trust that
you will ~promptly advise our office.
Very truly yours,
CARL WARREN & COMPANY
CFL:jlc
cc: city of Tustin
Attention: Mr. Ron Nault
c: Rourke, Woodruff & Spradlin
~ Attention: Ms. Lois E. Jeffrey, City Attorney