HomeMy WebLinkAbout08 CLAIM #94-34 12-05-94NO. 8
12-5-94
M E]vIO~AND UM
TO:
Honorable Mayor and Members of the City Council
FROM: City Attorncg,
DATE: November 29, 1~)4
RE: Chimant(s): Badilla, Roger and Loft: Claim No.: 94-34; D/L 4/10/94;
Date Filed w/City: 9/28194; Carl Warren File No.; S 78543 PRL
- After investigation and review It B recommended that the above.referenced claim be
reje~cl ~md that the City Clerk be directed to give proper notice of the rejection to thc claimant
and to th~ clalumnt'~ attorney.
Although the mount of the claim is low, $450.00, in the opinion of the claims
administrator for Carl Warren & Co., there is little likelihood un liability on *,he port of the City.
This is based on the experience the administrator has had in reviewing such matters for other
cities. 'Cae typical caum for ~uch 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. Ev,~ if the City Coumil agreed to pay this claim, it is likely that the claim will reoccur
because the cleanmut (which is the 'fix' selected by the property owner) does not cure rue
underlying defective or deteriorating pipe problem. In other words, the City can expect
subsequem claims because the underlying problem hasn't ~en addn:~cd. See letter from Carl
Warren & Co., dated 10/10/94 to the property owner.
Lois E. Jeffrey
~__qclos~re:
Copy of Claim
Letter from Carl Warren & Co. dated I0110/94
CC:
Carl Warren & Co.
Finan~ Director
CI~ Manager
City Clerk
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FAX:
OctoDer 10, 199&
Roger ~d Lori Badiiia
17522 ~maganset way-
Tus~, CA 92680
RE~ City File :
Our Principal :
D/Inciden~ :
Claimants :
Our File :
94 -34
City of T~stin
1xol9¢
Roger and Lori Badilla
S 78543 PRL
Dear Mr. and Mrs. Badilla:
As claims administrators for the City of Tustin, we are
handling a claim you_filed against the City.
.
Lateral lines are the:responsibility of the homeowner. As a
rule, mos= tree roots will not damage a sewer lateral line.
They will ~eek the path oX least =~i~tance and grow over or
under the'lateral. If the pipe or joint is defective or has
been improperly installed or deteriorated due to age (we
understand your house is approximately 28 years old), or has
cracked due to earthquake or land setzling, tiny hair roots
will enter. On~ inGide the llne they grow rapidly due to
the natural fertilization provided by the sewer contents.
We understand you had a clean-out installed on your lateral
line. Installation of a clean-out on a private lateral line
is not the responsibili%y of the City but of ~he property
owner. It is a property upgrade for future maintenanc~ of
the lateral line. It appears there are no n~igent acts on
the parb of ~he City.
Since the City is not legally liable for your damages, we
have recommended your claim be deni=d. Should ~he City.ag~e
with our recommendation, it will send a formal denial letter
in the mail in the near ~uture.
Yery truly yours,
CARL WARREN & COMPANY
Patty R~os
PR: iw
Cont. )
law provides g=nGr~lly ~at a claim mu=t be filed ~i~h ~e city Clerk of
Cl~y of' ~s~ ~in 6 _~onth~ after
your ola~ i~ again=-~e City of ~s~n,
info~ation by para,apb n~er. ~mpleted cla~' must be ~ail~ or
aeli~ed to ~e City ~k, City of ~tin, 300 C~te~al way, ~stin,
~lifo~ia 92680
TO T~E HO~ORAD~ ~AXOR AND 'CITY .COUNCIL, city of Tustin, California:
The undersigned respectfully submit, the following claim and information
relative ~o damage =o person and/or
,. . . ....
DATE OF BIRTH: ~ /~.~ -$'
SOCIAL SECURITY NO:
2. N~3ne, telephone and post office address ~o ~blc~ claim=n= d¢~ir~s notices
to be s~nt (if other than above):
3. This claim is submitted
a. %/ The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
C~
i
i,
11
The Ci~ Of T~stin an4 ~he following empioyee(s)
of Tu~tin only:
--
of T/%e Cit9
4. Occurrence o~ evKnt fromNhich ..the' clai~ arises:
~. TL'=: .- 'Z~'~' - · ': · '-- -- '"'- -,J~,~av-"'~/,~,/ "'
c. PLACE (:~:act and
.... ~r wha~ circumst~nceg did ~amage or ~nDury occur: Specify
and ~ad . - - - ' caused
~e in~u~ or a~age (Ose
WHAT particul~ '
ion by the ci=y, or ~'"
~.ploy=e~,
10.
7. Name and address of any oth~ person injured:_ .~/W .
8. Nape and ad[dress of the o~er or any d~maged property:_ ,
9. D~es cla~ed~ ~ __
a. ~o~ claimed as of ~e da~e~ :
~.. Total ~ount clawed: '
d. A~~ basi~ for oom~tion of ~o~ cla~ea (in=lude .~op~ ox .
all bills, invoice, .e~t~tes, etc'.
.
WARNING:
IT IS A CRI~fINAL OFFENSE TO FILE A FALSE CLAIM!'!
(Penal Code Section 7R: Insurance code Section 556.0)
I have read th _ - .......... ~ -- *o those matter~ s=a=ea =o De
s~e to be =~e oz my . g s~e to be
su~ ma=rets I belxeve ~e
upon ~fo~tion or belief ~d as to ..... ·- ~ ~D
~e. I c~ify ~der p~ty or pe~u~ ~ ~ =
B1: CLFORM
Revise~ 4/2~/~1
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