HomeMy WebLinkAboutCC 15 CLAIM #90-50 01-21-91ell wo - " 04"
DATE: JANUARY 14, 1991
CONSENT CALENDAR NO. 15
1-21-91
Inter - Com
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: CLAIMANT: JAMES EDWARD PRAHM; D/L: 11/25/90; DATE FILED
W/CITY: 12/28/90; CLAIM NO: 90-50; CARL WARREN FILE NO: S
64103 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. 1.02
City Attorney
JGR:kbg(claim.frm)
Enclosure: Copy of Claim
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LAW OFFICES
MCKAY, BYRNE, GRAHAM & VAN DAM
400 WEST FOURTH STREET, SUITE C
SANTA ANA, CALIFORNIA 92701
TELEPHONE 1714 ) 547-9941
Attorneys for Claimant,
JAMES EDWARD PRAHM
CLAIM FOR DAMAGES
TO: CLERK OF THE CITY OF TUSTIN
300 Centennial Way
Tustin, California 92680
(714) 544-8890
JAMES EDWARD PRAHM
c/o Bruce C. Davis, Esq.
MCKAY, BYRNE, GRAHAM & VAN DAM
400 West Fourth Street, Suite C
Santa Ana, California 92701
(714) 547-9941
Bruce C. Davis, Attorney for Claimant
(Address above)
i
Intersection of McFadden Avenue and Walnut Avenue
in Tustin.
November 25, 1989_
At said
time and
place listed above,
an accident--
ccidentoccurred
occurred
between a
vehicle driven by
JAMES EDWARD
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12'
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PRAHM and a bicycle driven by ALFREDO GARCIA.
The City of Tustin had knowledge of or should have
had knowledge of the defective design and conStruCtion
of this intersection, including but not limited to,
inadequate lighting, and allowing or creating
obstructions to exist on the southwest corner of
this intersection. Said failure to correct these
defective conditions caused the subject accident
to occur.
1 TN T RX 'A r4 T t+
This Claimant on information and belief understands
that ALFREDO GARCIA is seeking damages of an unknown
amount due to injuries suffered as a result of this
accident. This Claimant herein seeks equitable
indemnity in an amount undetermined at the present
time.
I declare under penalty of perjury under the laws
of the State of California that the foregoing is true and
correct.
Executed this 27th day of December, 1990, at Santa Ana,
California.
McKAY, BYRNE, GRAHAM & VAN DAM
BRUCE C. DAVIS
Attorneys for Claimant,
JAIMIES EDWARD PRAHM
Note: Claimant's attorney received the Complaint for the lawsuit
concerning said events on September 19, 1990.
042-11
-2-
VERIFICATION
STATE OF CALIFORNIA, COUNTY OF
I have read the foregoing
and know its contents.
O 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.
F]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
tills 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 under 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 Reviscd 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: 400 W _s Fourth
Street, Suite C, Santa Ana, California 92701
On Dec. 28 , 19 9 0 , I served the foregoing document described as CLAIM FOR DAMAGES
onC lerk of the Ci t- y of Ttj - t in in this action
by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list:
by placing ❑ the original X] a true copy thereof enclosed in sealed envelopes addressed as follows:
CLERK OF THE CITY OF TUSTIN
300 Centennial Way
Tustin, California 92680
❑ BY MAIL
❑ *I deposited such envelope in the mail at California.
The envelope was mailed with postage thereon fully prepaid.
❑ As 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
California in the ordinary course 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 19 , at _ _ , California.
**(M' PERSONAL SERVICE) I delivered such envelope by hand to the offices of the addressee.
Executed on December 28 19 90, at Santa Ana
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 tills court at whose diryction the service was
made. j
Dan McKaV Y
Type or }Tint Name Si£nature
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