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Home My WebLink About11 CLAIM #03-04 05-05-03MEETING DATE: AGENDA REPORT ITl Illfl III IIII MAY 5, 2003 Agenda Item Reviewed: City Manager Finance Director I I I I III 11 TO: FROM: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY OF TUSTIN CiTY ATTORNEY CLAIM OF ELENA GUCCI; CLAIM NO. 03-04 II I I ' ' SUMMARY: The City Attorney is recommending denial of the claim for damages to her trailer which caught on the branch of a City tree while she was driving on Prospect between and Main and First. RECOMMENDATION: After Investigation and review by this office and by the City's Claims Administrator, it is recommended that the City Council deny the claim and direct the City Clerk to send notice thereof to the claimant and to the claimant's attorneys. DISCUSSION: The claim alleges $1,274.43 in property damage to the awning of a trailer. Ms. Gucci alleges that she was northbound on South Prospect Street in front of the Santiago RV Park, when her travel trailer caught a branch which was allegedly sticking over the roadway. The claimant alleges the City failed to propedy trim and maintain the trees on Prospect. The trees along Prospect are regularly trimmed each year because the street is on the Tustin Tiller parade route. Claimant has not presented sufficient evidence to show that the City negligently maintained the tree. In fact, it appears that the claimant failed to take due care while pulling a high profile vehicle. ATTACHMENT: Copy of the Claim LOIS E. JEFFREY~ J/y 0 cc: William A Huston, City Manager Office of the City Clerk January 14, 2003 Carl Warren & Co. P. O. Box 25180 Santa Ana, CA 92799-5180 Transmittal of Document(s) Claimant : Elena Gucci City Claim No · 03-04 · Rled With City: 1/13/03 Receipt of Clalm/Summons/Complaint By: Personal Service City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3026 FAX 714.832.0825, .The enClosed records were presented to this office as indicated above and have been referred to the appropriate City department for investigation and also to the offices of Woodruff, Spradlin and Smart, Attn: Lois E..leffrey; City Attorney. By this letter, you are authorized to commence ~he necessary investigation of this claim on behalf of the City. We request that you give such notices as may be appropriate to the aty's insurance carrier(s) and further request that you submit your preliminary and ali subsequent reports to the City, with a copy to' the City Attorney and to the Insurance carrier(s) if they so request. Upon receipt of advice from the City Attorney, we will plan to present this matter to the City Council and/or take such other steps as are directed by the City Attorney. A copy of this letter and enclosures were sent on .lanuary 14, 2003 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. Sincerely, Marcia Brown City Clerk's Office Enclosures: (as above) C: City Attorney Department Finance Department (orlg copies) CITY OF TUSTIN ' { ,- C,_LAIM AGAINST THE CITY OF T~TIN .-,', (~-or uamages, to Persons or Personal P~bperty) ; The law provides generally that a claim must be filed with the City Clerk of the City of Tustin ~ monIhs_ after th, e Incident or event occurred. Be sure your claim is against the City of Tustin, not 'anothe public entity: Where 'space is insufficient, please use additional paper and' ldenttfy information b paragraph number. Completed claims must be mailed or'delivered to.the City Clerk, City of Tustin, 30t · Centennial Way, Tustin, California '92780. WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK ·., · To th.e Honorable Mayor and City Council, City of Tustln, California: · The undersigned respectfully submits the following-claim and information relative to damage to persor and/or property: 1. ' 'a.. Name of Claimant' ~E' I~" (/~ ' ~ CT.C {' · b. ddress of Claimant: c. City/ZipCode: ][]~ "' '" d.. Telephone'Num~er: ,[ ~. ' e. Date of Birth: ' · ~ " ' · ' f. Social Security Numi:/er: _ ~ ". .... · · 2. Name, telephone, and post office address~to v,;h? claimant desires notices to be sent (if other than above): ~ .' .0.,5. Ct~/~OL/'~ . 3, This, c)aim is submitted against: . a. ~/C% TheCity.ofTustinonly. ' 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: Occurrence or'event from which the claim arises: 41, a.Date: ~ - 0_,~--- ¢~,~ b. Time:- ~,,~"~_o ' Pla , .. . , r.. · · _ ~,., c. ce(Exact_an~Sp~_?cLocation): ,2. I_G .S. -i~I-O.Sr/SCCr/ t J~o~ . ..!. ...... f~ - , d. How and 'under wi~at ~:ircumstance~' did damageor i~ijury' ocCUr? specify the particular/' occurrence, event, act or omission you claim caused the inju .fy or damage (use additional 5~ What particular actior~ by the Cit~, or its empioyee~, caused the' a. llsged dar~ge or Injury? · Give a description of the injury, property damage or loss so far known a~the time of this claim. there were no injuries, state "no Injuries". ' Give the name(s) of the City emPloyee(s) causing the damage or Injury: . Name and address of any other person Injured: , . 10,' Name and address of the owner of a.ny damaged property: · Damages Claimed: Amount claimed as of this(~ '~[- i:"~ ~ L{ . L{ · Estimated'amount of future~'~-}~ts: Total amount claimed:_ . '~(~-<5-: ' ' ...... Attach basis for computation of amounts claimed· (include copies of all bills, invoices, estimates, etc.) ' Names and addresses of all witnesses, hospitals, poctors, etc. WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE dLAIM (Penal Code Section 72; Insurance Code Section 556.0) I have' read the matters and statements made in the above claim, and I knov~ the same to be true of my own knowledge, except as to those maffers stated to be upon information or belief and as to such matters I believe the same to be true. I certify under ~., , , . Executed this day of i --" . ~ ~ . . ' . ,20 ~. · . Date filed this _ _day of ,, 20 ~. 2:CLAIM (1/00) EL TORO CELL G4.41'BURT ROAD, AREA A IRVINE, CA 92G18 890e (949)559-1996(949)559-1997 BAR #AL 186270, FED TAX ~33--0784.2i2 SEPTEMBER 11...WE MUST NEVER RO~GET ~ SRYCO ~Ir.~lER LICE~3E :? Nl~: B VIN : STO: BODY N~: BATE STO:~I/~ C~R : D~ : AVL : ~IR : ~y ~: QUOTE ONLY INVOICE DATE: 1/15/P.~3 WRITTEN BY : TYPE :CUSTOI, E'R PRINTED ~qTE: l/l~/ese3 PRINTED TI~E:I~:29AN PRI~ TOT~ . 7~1, H 7~, ~ TOTE - WARRANTY: FRO~I INVOI~ ~llE FOR A PERIDD OF R..~.Y.~. OR ~ MILES; I&tlCHEVER CONE~ FI~T, V WILL ~IR PJW OEFE~T IN ~I'ERI.qL$ & ~~IP TO THE REP~IRG STATED ON THIS INUOICE AT NO CHARGE, "REP~IRS I~US! BE AT ETI~," ETRU DDES NOT i~Y TON Ci~R6ES,, $1)/DAY STOPJ~E FEE ~8 HAS I~"TER CO~Pl..ETION LEGEND: [4] = .qccEPTABLE £N] = NEEDS ~R~I~ BODY I~ []EXI'ERIOR LTS TIRE~ ~]ENTRY STEP QAL~E XTENOE[].ROOF CNDTION PJ~IIN~ [ .] VENTS/~ROUD [3 STARTI~ [] BP,.~E PEI~qL £3 F/I~iT NOI~ [] S/WNEEL PLq¥ [) E~GI~E NOISE[] GAGES ~SH [] EXHtl~T NOISE [) ~-..~NE~TDR FOil 9ERHCE/VEHICLE PRO~LBq ST$1TE)IENTS ~ ~RtqC~IFUTURE VEHICLE PAl:ITS TOTRL LABOR TOTAL SUBTOT~ Tflx TOTAL $1, ~74.. 4-3 QUOTE ONLY PAGE 1 OF I .. I Sout*h Orange · County's Most Complete i RV Service, Parts and Accessory Store ; EL TORO RV (~,,~) 559-1996 Vlcter Bermudez At Trlveland USA 6441 Burr Rd., Area A. Irvine, CA 92618 Fax (949) 559-1997 · E-Mall: ETRVl O&oLcom CITY OF TUSTIN RECEIPT OF CLAIM Receipt of Claim/Summons and Complaint by the City Clerk's Office: Date: ~ ~ Time: By:,. j. _ Personal Service Upon the Undersigned ___ Regular Mail Certified/Registered Mail City Clerk's Office