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Home My WebLink About05 CLAIM #94-49 01-16-95 ....--4* ROURKE, WOODRUFF & SPRADLIN A PROFESSIONAL CORI~='(")RATION MEMORANDUM NO. 5 1-16-95 TO: FROM: DATE: Honorable Mayor and Members of the City Council City Attorney January 5, 1995 Claimant(s): Dean Wright; Claim No.' 94-49; D/L 8/9/94; Date Filed w/City: 11/10/94; Carl Warren File No.' S 78651 PRL 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-t01'the claimant's attorney. "I~6is E. Jeffrey L.,/ ~/ - ~ Enclosure: Copy of Claim Letter from Carl Warren & Co. dated 12/19/94 CC: Carl Warren & Co. Finance Director City Manager City Clerk City of Tustin AGAINST THE CITY OF TU~ (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'Tustin 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 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. TELEPHONE. NO: ( 7!/~. ) _~ ~.-~_ - ! 0 S~~- e. DATE OF BIRTH: f. SOCIAL SECURITY 'NO: ~-~'-- g. DRIVERS LICENSE NO: 2. Name, telephone and post office address'to which claimant desires notices 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: ~- ~-- ~J b. TIME: ~.' ~O -- ~.~' p/~ c. PLACE (Exact and specific location): ~R/Y~J~- ~ ;~- d. HOW and under what circumstances did damage or injury occur? Specify' the particular occurrence, event,' act or omission you claim` caused t_he injury or damage (Use additional paper if necessary): ~HAT particula' tion by the city, or ~' 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 e.mployee(s) causing the damage or injury: 7. Name and address of any other person injured: 8. Name and address of the owner.or .any ,d~.amage, d prope_rty~ _ _ L 9. Damages claimed: ~ a. Amount claimed as of the date: ~ ~1-3 ~ b. Estimated amount of future costs: ~~0~J~ 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 ~d~6~~ ,19 ~ , at Tustin, California. DATE FILF~D: CLAIMANT ' S S IGNATUg~ BI: CLFORM Revised 4/29/91 I pulle~ into my driveway across an open trench approximately 8 to 10 inches deep that damaged my truck an8 comper. There was no way to determine it was unsafe to cross because of the traffic that time of day and the distance from where I had to turn. RiversiSe Pipeline was in a control situatio~ and there were no, barricades, cover plates or warnings and no pe=sonnel in sight. I immediately called ~r. Chris ~artin the inspector on the. project and he came and observed the situation. I have personaly handed the owner of the company invoices for the damage to my truck and camper in the presence of ~r. ~artin and made several long distance phone calls to RiversiSe Pipeline with no response. I have also~ lost 2 days of work taking care of the damage. I also have a very recent photograph of the camper taken before this happened, showing no damage. Owner Address _ Year ESTIMATE OF REPAIRS ~-~ ~ _ Phone -~'~/~//''''~'~ ~;;~'- .~/- ~.~ '/ .c w Lic.# Mileage Repair Replace DESCRIPTION OF LABOR OR MATERIAL Labor Material Sublet PARTS PRICES BASED ON STANDARD CATALOG PROCUREMENT PRICE USTS SUBJECT 'I'O CHANGE WITHOUT NOTICE. PROCUREMENT AND DELIVERY CHARGES MAY BE ADDED FOR SPECIAL SERVICE ON ITEMS NOT AVAILABLE LOCALLY. ,. Old parts removed from cars will be junked unless otherwise instructed in wdting. 'The above is an estimate based on our inspection and does not cover additional parts or labor which may be required after the work has been opened up. Occasionally after work has started worn parts are discovered which are not evident on first inspection; Because of this the above prices are not guaranteed. Estimated By Estimate Approved By_ Authorized and Accepted By Owner or Agent Date_ Total Labor Total Material Sublet Paint Job Tax ESTIMATE OF RE?AIRS $ tud~s all pittS, iai)or, hi~(llll~g ~ diagnosis. If' on clos~ analysis It Is nd that additional repairs are necessary, you will be co, tatted for aulhor- tl~ pursuant to OlYIsio~ 3, Chapter 20.3, Article 3, S~c. 9884.g of tlN ifornla Business and Professions Code. Reviled Alallt If Nenl$lry... $ Persegf ;1: Time: Caaleetilg; automobile is returned to customer before authorized seryice Is pedormed, diagnostic and haudling charge, (Including re-assembling), will be mede. ~isced Pads Ileqlested by Celtemer Yes [] No [] aye read and understand the above estimate ~ terms. I authorize se~lce BEE-LINE SERVICE ~ WEST VALENCIA DR. ~ FULLERTON, C,A 92~32 ~ ~7~4) 525~13~ B.A.R. # ~7 Cless R Brake Service * TAi~e~l Alignment Shocks · Wheel Balancing CARS · MOTOR HOMES · PICKUPS 63351 performed, Including sublet work. lad acknowledge receipt of this es- WHEEL BALANCE DRUM, OR ROTOR TURNED BRAKES ............ SWITCH TIRES · ,. / //// TOTAL MATERIALS ALL PARTS ARE NEW UNLESS OTHERWISE SPECIFIED TOTAL LABOR I hereby .authorize the above repair work to be done along with ne cessa~ materials. You and your employees may operate aboye vehicle for purposes of testing, Inspection or deliye~ at my risk. A~ express mechanic's lien Is acknowledged on above vehicle to secure the TOTAL PARTS ,~. &mount of repairs thereto. It is understood that this con~)iny assumes no responsibility for loss or damage by theft or fire to vehicles placed with them for storage, sale, repair or while road testing. TJ~ SIGNE0 TOT. AMOUNT ?ll//,'Y/1, ~llll/illlll/I///l/~ " ~llllllill' ~ ?lll~' " ~ ' TO: CARL ~VARPd:N & CO. Insurance Achustcrs Claims Adrmnsstr~tors ISOl P~tkcourt Pl~cc Suite E-108 S~ta ~. Cali[om~a 92701 {71~ 972-3146 GOVER~HE~T.AL E~TITY Rourke ~': ~oodruff ~ S~rad[~n 70~ S. Parkor St., Ste. 7000 ATTN: D/EVENT: 8/9/94 ;//1/1/flAP?/, 7111/, ~'/J ?/ll//llb; Z'7/, 7, Y//, ~,';: ",'Z ~, ;? Orange, CA 92668 Lois Jeffrey, City Attorney PRINCIPAL: FILING DATE: 11/10/94 OEp. PRELIMINARY R~O~,~4.~ DATE: 12/19/94 CLAIMANT: ~n Wright FILE NO: 94-49 S 78651 P~ EXCESS REPORT: YES__ NO X SIX MOS.: YEs X,,. NO____ City of Tustin Self - Ensured POLICY YEAR: ACTION ON CLAIM: Deniat of claim COVERAGE: . RECOMblENDED · FACTS: Claiment alleges his vehicle was damaged in construction area. .. POSSIBLE CO-DEFENDANTS: Riverside Pipeline EVALUATION: This appears to be a-case of no liability on the part of the Cit~. We understand Riverside Pipeline was workinq at the location where this incident happened. · RESERVE- TYPE OF CLAIM AMOUNT L~_-on Wright LPD $500 . · COM?IENT/WORK. TO BE COMPLETED: We. await a copy of the City's denial letter. A copy of this claim is being sent to Riverside Pipeline for further handling. Our further report will follow shortly. Very ..~_ruly yours, cc: City of Tustin CARL WARREN & CO. Patty Ramos