HomeMy WebLinkAboutCC 4 CLAIM #91-31 07-15-91CONSENT CALENDAR NO. 4
AGENDA
7-15-91
inter - Com
;ATE: JULY 21 1991 _swv.�7/
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: CLAIMANT: RAMON AYALA; D/L: 12-30-90; DATE FILED W/CITY: 06-
24-91; CLAIM NO: 91-31; CARL WARREN FILE NO: S 66481 CLB
After investigation and review it is recommended that the
above -referenced claim be rejected and the City Clerk directed to
give proper notice of the rejection to the claimant and to the
claimant's attorney.
Very tr y rs,
JAME, G . RKE
City Attorney
JG R: jab:7-2-91(CL-9131. jab)
Enclosure: Copy of Claim
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Law Office of
GEORGE W. ABBES
Abbes Law Building
608 South Harbor Boulevard
Anaheim, CA 92805
(714) 535-4242
Attorney for Claimant,
RAMON AYALA
Claim of RAMON AYALA
against
CITY OF TUSTIN
E BELOW FOR FILING STAMP ONLY)
CLAIM FOR PERSONAL INJURY
.To CITY OF TUSTIN:
1. Claimant, RAMON AYALA, whose address is
claims damages from CITY OF TUSTIN in
the amount of $95,000.00 for injury to claimant's person namely
compression fractures of the vertebrae, laceration to the bridge of
the nose, neck and back pain.
2. Jurisdiction over this claim would rest in superior court..
3. This claim is based on a fall which occurred on December
30, 1990, into an open ditch located at Jamboree and Edinger, under
the following circumstances:
On Saturday, December 30, 1990, at approximately 3:30 a.m.,
Ramon Ayala was walking and fell into an open ditch, approximately
four feet deep by eight feet wide.
This fall caused Mr. Ayala injury to his back, neck and
nose, as described above and in the following paragraphs.
4. The public employees who caused claimant's injury are
unknown at this time.
5. The injury sustained by claimant consists of among other
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LAW OFFICE OF
;FORGE W. ABBES
Abbas Law StAI V
J9 Sate+ Harbor Boulward
AtWWm CA 92906
ptal S36-4242
things: compression fractures of the vertebrae, laceration to the
bridge of the nose, neck and back pain.
6. The injury and/or damage expected to be incurred in the
future includes the residual pain and suffering resulting from the
back injury, the medical costs for further treatment and the loss of
earnings and or earning capacity.
7. All notices and communications concerning this claim should'
be sent to the LAW OFFICES OF GEORGE W. ABBES, 608 South Harbor
Boulevard, Anaheim, California 92505.
r
Date: / i,
'1' J
GEORGEv W. A, BES
y VERIFICATION
STATE OF CALIFORNIA, t- +1Y OF
I have read the foregoing
and know its contents.
® CHECK APPLICABLE PARAGRAPHS
D I am a party to this action. The matters stated in the foregoing document are true of my own knowledge except as to
those matters which are stated on information and belief, and as to those matters I believe them to be true.
I am CD an Officer M a partner M a of
a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that
reason. ED I am informed and believe and on that ground allege that the matters stated in the foregoing document are
true. = The matters stated in the foregoing document are true of my own knowledge except as to those matters which are
stated on information and belief, and as to those matters 1 believe them to be true.
D 1 am one of the attorneys for ,
a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices, and I make
this verification for and on behalf of that party for that reason. l am informed and believe and on that ground allege that
the matters stated in the foregoing document are true.
Executed on , 19 , at . California.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Type or Print Name
PROOF OF SERVICE
1013a (3) CCP Revised 5/1/88
STATE OF CALIFORNIA. COUNTY OF ORANGE
Signature
I am employed in the county of Orange , State of California
I am over the age of 18 and not a party to the within action; my business address is: 608 South Harbor
Boulevard, Anaheim. California 92805
On June 21 , 19_91, I served the foregoing document described as CLAIM FOR PERSONAL
INJURY
on the interested parties in this action
D by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list:
® by placing ® the original ® a true copy thereof enclosed in sealed envelopes addressed as follows:
CITY OF TUSTIN CERTIFIED AND REGULAR MAIL
Attn: City Clerks Office
15220 Del Amo Avenue
Tustin, CA 92680
® BY MAIL
® *1 deposited such envelope in the mail at Anaheim , California.
The envelope was mailed with postage thereon fully prepaid.
®As follows: 1 am -readily familiar' with the firm's practice of collection and processing correspondence for mailing.
Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at
Anaheim California in the ordinary course of business. 1 am aware that on motion of the
party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of
deposit for mailing in affidavit.
Executed ornT inp 21 . 19 91 , atAnahei m , California
L� t=(BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of the addressee.
Executed on 119 , at , California.
® (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
(Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was
made.
JULIE SEABERN
Type or Print Name
Signature
*(BY IL SIGNATURE MUST BE OF PERSON DEPOSITING ENVELOPE IN
MAIL SLOT, BOX. OR BAG)
**(FOR PERSONAL SERVICE SIGNATURE MUST BE THAT OF MESSENGER)