HomeMy WebLinkAboutCC 3 CLAIM #90-46 01-07-91DATE: DECEMBER 18, 1990
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
Cc.X SENT CALENDAR NO. 3
1-7-91
Inter - Com
SUBJECT: CLAIMANT: DENNIS MCCOURT; D/L: 7/12/90; DATE FILED W/CITY:
12/6/90; CLAIM NO: 90-46; CARL WARREN FILE NO: S 64057
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.
�i
JAMES G. ROURKE
City Attorney
JGR:kbg(claim.frm)
Enclosure: Copy of Claim
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STEVEN L. SCHAPIRO
2107 N. Broadway, Suite 305
Santa Ana, CA 92706
(7 14) 835-7800
Attorney for Claimant DENNIS MC COURT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
DENNIS MC COURT,
C L A I M
Claimant,
VS.
CITY OF TUSTIN, FREDRIC YIM and
DOES 1 to 50,
Respondents.
TO: Respondents and their attorney of record:
Claimant DENNIS MC COURT hereby makes claims as follows:
1. The post office address of the claimant is
2. The post office address to which Claimant desires notice
to be sent is Steven L. Schapiro, Attorney at Law, 2107 N.
Broadway, Suite 305, Santa Ana, California 92706.
3. On or about July 12, 1990, Claimant was injured in an
automobile accident with Fredric Yim on El Camino Real in the Cit)
lof Tustin approximately 200 feet north of the Northbound on-ramp
of the Interstate 5 Freeway. At the time oz 5a -Lu A -
City of Tustin failed to adequately maintain their plants and
shrubbery at the accident site. The plants obstructed Mr. Yim's
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vision thereby preventing him from seeing Mr. McCourt's vehicle.
This failure to properly maintain the plants and shrubbery was an
actual and proximate cause of the injuries and 'damages sustained
by Mr. McCourt.
4. As a result of the aforementioned occurrence Claimant
has suffered and continues to suffer from severe mental and
emotional distress. Further, Claimant has incurred and will
continue to incur expenses, including but not limited to medical
bills, lost wages, and general damages.
5. The name of the employee or employees responsible for the
maintenance of said plants and shrubbery is unknown at this time
and claimant requests leave to amend this claim at such later timE
as they shall be ascertained.
6. The amount claimed as of the time of the presentation of
this claim is in excess of that stated in Government Code Section
910 and as such no amount is stated herein. Jurisdiction over
this claim shall lie in the Superior Court of the State of
California.
Dated: December 4, 1990 -
STEVEN L. SCHAPIRO
ATTORNEY FOR CLAIMANT
DENNIS MC COURT
tJ
PROOF OF SERVICE
I, Michele Daniels, certify and declare as follows:
I am over the age of 18 years, and not a party to this
action. My business address is 2107 N. Broadway, Suite 305,
Santa Ana, California, 92706, which is located in the county
where the mailing described below took place.
I am readily familiar with the business practices at my
place of business for collection and processing of correspondence
for mailing with the United States Postal Service.
Correspondence so collected and processed is deposited with the
United States Postal Service that same day in the ordinary course
of business.
On December 5, 19901, at my place of business at 2107 N.
Broadway, Suite 305, Santa Ana, California, 92706, the following
document(s): CLAIM, was/were placed for deposit in the United
States Postal Service in a sealed envelope, with postage fully
prepaid, addressed to:
City of Tustin
300 Centennial Way
Tustin, CA 92680
and that envelope was placed for collection and mailing on that
date following ordinary business practices.
I certify and declare under penalty of perjury under the
laws of the State of California that the foregoing is true and
correct.
Executed this `jam day of -�)tLnrm � , 19 q
Declarant