HomeMy WebLinkAboutCC 5 CLAIM #91-35 09-03-91CONSENT CALENDAR NO. 5
Q 9-3-91 G E N DA
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ATF_: AUGUST 27, 19 91
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: CLAIMANT: ERIC KOLLWITZ; D/L: 2-7-91; DATE FILED W/CITY: 8-6-
91; CLAIM NO: 91-35; CARL WARREN FILE NO: S 66565 CLB
After investigation and review it is recommended that the
above -referenced claim be rejected and the City Clerk directed to
give prop6r notice of the rejection to the claimant and to the
claimant's attorney.
Verru urs
Y � Sa
JAMES OURKE
City Attorney
IGR: jab:082791(CL-9135.jab)
Enclosure: Copy of Claim
cc: Carl Warren & Co.
Finance Director
City Manager
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LAW OFFICES
ROBERT BOYAJIAN
1151 DOVE STREET • SUITE 295
NEWPORT BEACH, CALIFORNIA 92660
(714) 752-8500 - FAX (714) 752-8509
Attorneys for
Claimant
In the Matter of the Claim
of Eric Kollwitz
Claimant,
VS.
CITY OF TUSTIN, CITY OF TUSTIN
DEPARTMENT OF PUBLIC WORKS,
DOES I through XV,
Respondents
TUSTIN:
(S/ IELOW FOR FILING STAMP ONLY)
CLAIM AGAINST PUBLIC
ENTITY FOR DAMAGES
[Government Code
Section 9101
TO THE HONORABLE MAYOR AND CITY COUNCIL, OF THE CITY OF
A. Claimant, Eric Kollwitz, through his attorney Robert
Boyajian, makes the following claim for damages against the City of
Tustin, and the City of Tustin Department of Public Works and DOES
I through XV, pursuant to Government Code Section 910:
Claimant's name and address is as follows:
Eric Kollwitz
B. The address to which the claimant desires Notice to be
sent is as follows:
Robert Boyajian, Esq.
Law Offices of Robert Boyajian
1151 Dove St. #295
Newport Beach, CA. 92660
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LAW OFFICES
BERT BOYAJIAN
1 V E STR F.FT • SurM 295
ORT REACH. U 92"0
=L. (714) 752.8500
1X (714) 752.8509
C. The date and place of the incident which gives rise to
Ithe claims asserted:
Date of Injury: February 7, 1991
Place of Injury: Northwest Corner of the Intersection of
17th Street and Carroll Way, City of Tustin, County of Orange,
State of California.
D. Damages and injuries occurred as follows:
On February 7, 1991 at approximately 8:30 p.m., claimant was
riding his bicycle with his head light operating and wearing a
safety helmet in a westerly direction on 17th Street approaching
the intersection of Carroll Way and 17th Street in the City of
Tustin, County of Orange, State of California. Upon reaching the
vicinity of the Northwest corner of said intersection claimant
without warning encountered a deteriorated and undermined portion
of asphalt roadway approximately 10 feet in length which -caused
claimant to lose control of his bicycle and crash onto the roadway.
The acts or omissions by the City and City officers,
servants, or employees and DOES I through XV which caused injuries
and damages are as follows:
The intersection at Carroll Way and 17th St. in the City of
Tustin, County of Orange, State of California, was negligently and
improperly designed, maintained, owned, operated, entrusted and
controlled as to cause it to be rendered in a dangerous condition.
Said dangerous condition includes, but is not limited to,
(negligently and improperly designed, maintained, owned, operated,
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LAW OFFICES
BERT BOYAJIAN
)VE STRF.FT • tUrrF- 291
'IRT REACH. CA 916"
_L. (714) 731-8500
`.X (714) 731-8509
entrusted and controlled road surface.
Further, there was a failure to warn motorists and
bicyclists of said dangerous condition.
E. General description of the injuries or losses of
claimant are as follows:
Including, but not limited to, severe contusions, abrasions,
and fracture of the left hip, orthopedic injuries, scarring pain
and suffering, loss of earnings and earning capacity, medical
expenses, emotional distress.
F. The amount claimed as of the date of presentation of
this claim, including the estimated amount of any prospective
injuries, damages or losses, insofar as it may be known at the time
of the presentation of this claim is a matter for which
jurisdiction rests in the Superior Court as follows:
1. General damages.
2. Special damages, including related expenses in an amount
presently accumulating and continuing.
3. For loss of earnings present and future.
.4. For prejudgment interest.
5. For such other and further relief as may be deemed just
Hand proper.
Respectfully submitted,
LAW OFFICES OF ROBERT BOYAJIAN
B Y AJ
ROBERT BOYAJI
Attorney for Claimant
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VERIFICATION
STATE OF CALIFORNIA, COON. & OF.
I have read. the foregoing
and know its contents.
�i CHECK APPLICABLE PARAGRAPH
I am a party to this action. The matters stated in the foregoing document arc true of :ay own knowledge except as to
those matters which arc stated on informatiprt and belief, and sa to those matters 1• believe them to be true.
❑ I am ❑ an Officer ❑ a partner = ----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. ❑ 1 gun informed and believe and on that ground aUcgc that the matters stated in the foregoing document arc
true. ❑ The matters stated in the foregoing document arc true of my own knowled$c except as to those matters which arc
stated on information and belief, and as to those matters I believe them to be true.
❑ I am one of the attorneys for
a party to this action. Such party is absent from the county of uforcaaid where such attorneys have their offices, and I make
this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that
the matters stated in the foregoing document arc true.
California.
Executed on
1 declare under penalty of perjury under the laws of the State of California that the for;foip6 4 true and correct.
Typc or Print Niunc
ACKNOWLEDGMENT OF RECEIPT OF DOC-W4F-NT
(other .than summons and complaint)
Received copy of document described
on 19 .
Typc or Print Namc
PROOF OF SERYICE
Si$nuturc
Sionsturc
STATE OF CALIFORNIA, COUNTY OF
1 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; 92660
ybun� address it
1151 Dove St. #295 Newport Beach CA.
On 8-6 19—, I served the foregoing document described
Claim Against Public Entity for 17amages (Government Code Section 910)
„n Respondents
in this action by placing a true copy thereof enclosed in a scaled envelope addressed as follows:
City of Tustin
15222 Del Amo Ave.
Tustin, CA. 92680
Attn: City Clerk, Mary Wynn
QBY MA
a^ IL) I caused such envelope with postage thcrcon fully prepaid to be placed in the United States mail
Newport Beach , California.
8-6 19 1., aRe a h - ,California.
t Ne=ort
Executed on �
Q (BY PERSONAL SERYICE) I caused such envelope to be delivered by hand to the offices of t0, addressee.
Executed o 8-6 19-9-1, at Newport Beach , California.
❑ (State) 1 declare under penalty of perjury under the laws of the State of California that the above is true and correct.
❑ (Federal) I declare that 1 am employed in the office of a member of the bar of Zoe
at whose direction th se ice was
made.
Rosemary Rivers ✓�
Typc or Print Na nc Signat rc
STUMT'1 UMOOK TW11WER (REVIAN 6/x•11
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