HomeMy WebLinkAboutCC 4 CLAIM #90-42 01-21-91DATE: JANUARY 101 1991
CONSENT CALENDAR NO. 4
;x A
1-21-91
Inter - Com
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: CLAIMANT: DOUGLAS SCHROEDER; D/L: 5/17/90; DATE FILED W/CITY:
11/19/90; CLAIM NO: 90-42; CARL WARREN FILE NO: S 63998 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.
A7
AMES G. ROURKE
City Attorney
JGR:kbg(claim.frm)
Enclosure: Copy of Claim
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DOUGLAS W. SCHROEDER
1851 East First Street, Suite 100
Santa Ana, California 92705
(714) 972-1433
CLAIM AGAINST PUBLIC ENTITY
(Gov. Code, §§ 910, et seq.)
TO THE CITY OF TUSTIN:
DOUGLAS W. SCHROEDER, on his own behalf hereby presents this
claim to the City of Tustin, pursuant to section 910 of the
California Government Code.
1. The name and post office address of the claimant is
Douglas W. Schroeder,
2. The post office address to which the claimant desires
notice of this claim to be sent is as follows: Douglas W.
Schroeder,
3. On May 17, 1990, claimant received personal injuries and
suffered property damage under the following circumstances:
Claimant was driving his car in a northbound direction on Lyon
Street south of its intersection with McFadden Avenue. Claimant
was forced to change lanes because of the designation of the
furthest right lane as a "right turn only" lane and as claimant
desired to proceed on Lyon rather than turning right. Claimant's
vehicle was hit from behind and to the side by a commercial truck.
The roadway was negligently designed and maintained and proper
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signs and markings were lacking and improper signs and markings
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were placed on, at and near the roadway. The condition of the
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roadway and the surrounding area created a trap for claimant and
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other members of the motoring public. Furthermore, police and
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other safety officers refused to respond to the scene, refused to
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investigate, failed to render assistance or to preserve evidence
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regarding the collision and the roadway and surrounding area.
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4. Claimant has suffered and continues to suffer personal
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injuries to his neck and back, has suffered emotional distress,
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lost time from his occupation and profession, and has incurred
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I medical bills and other related expenses. Additionally, claimant
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suffered property damage including damage to his vehicle,
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insurance deductibles and possibly increased premiums.
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5. Claimant does not presently know the name of any public
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employee causing the injury, damage or loss.
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6. The amount of the claim is within the jurisdiction of the
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Superior Court.
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Novemberj<,- 1990 By:
DOUGL S W. SAROEDER, Claimant
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VERIFICATION
STATE OF CALIFORNIA, COUNTY OF
I have read the foregoing
and know its contents.
D CHECK APPLICABLE PARAGRAPH
❑ 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 ❑ an Officer ❑ a partner ❑ 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. ❑ 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 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 aforesaid 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 are true.
Executed on , 19 , at California.
I declare tinder penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Type or Print Name Signature
PROOF OF SERVICE
1013A (3) CCP Revised 5/1/88
STATE OF CALIFORNIA, COUNTY OF ORANGE
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: 1851 , a s fi
First Street, Suite 100, Santa Ana, CA 92705
On 11/16/ , 19 90 , I served the foregoin document described as CLAIM AGAINST
PUBLIC ENTITY (Gov. Code, §� 910, et seg.) TO THE CITY OF
TUSTIN
on all interested parties in this action
Uby placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list:
X by placing Uthe original ❑ a true copy thereof enclosed in sealed envelopes addressed as follows:
City Council
City of Tustin
Valerie Whiteman
Chief Deputy City Clerk
300 Centennial Way, Tustin, California 92680
BY MAIL
❑ *I deposited such envelope in the mail at California.
The envelope was mailed with postage thereon folly prepaid.
UAs follows : I 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
Santa Ana California in the ordinary coarse of business. I 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 on November 16, 1990 Santa Ana
at ,California.
❑ **(BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of the addressee.
Executed on , 19 , at , California.
X (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.
JAN KELLEY
Type or Print Name
STUART'S EXBROOK TIMESAVER (REVISED 5/1/88)
NEW DISCOVERY LAW 2030 AND 2031 CC P
(May be used in Caldornia State of Federal Courts)
Signature
'(BY MAIL SIGNATURE MUST BE OF PERSON DEPOSITING ENVELOPE IN
MAIL SLO1, BOX. OR BAG)
"(FOR PERSONAL SERVICE SIGNATURE MUST BE TIIAT OF MESSENGER)