HomeMy WebLinkAboutCC 4 CLAIM #89-9 05-15-89 ..... CONSENT CALENDAR
- :'*"'~'~ NO. 4
' 5-15-89
HONORABLE MAYOR AND CITY COUNCIL
TO:
FROM:
S UBJ ECT:
CITY ATTORNEY
CLAIRAZlT; ALL/SON AL~OZ~D; D/L: 3/21/89; DATE FIr. ED W/CTE:
4/26/89; CLAIR NO.- 89-9; cam WAZ~Zl z~'rz, z~ z;o: 857812ZiPB
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.
City Attorney
JGR (F4. se)
Enclosure: Copy of Claim
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PATRICK J. DUFFY, ESQ.
COOKSEY, HOWARD, MARTIN & TOOLEN
1352 IRVINE BOULEVARD
TUSTIN, CALIFORNIA 92680
(714) 832-2474
Attorney. for Claimants
Against-.
THE CITY OF TUSTIN.
In the Matter of the Claim of:
ALLISON ALMOND, a minor child,
and MARY ALMOND,
TO-
APPLICATION FOR CLAIM
RELATING TO CAUSE OF
ACTION FOR PERSONAL INJURY
[GOV. C. SECTION 911.2,
915, ET SEQ.]
THE CITY OF TUSTIN
Application is hereby made for permission to present a
claim relating to a cause of action for persOnal injury as
provided in Government Code Section 911.2, and 915, et seq.
(1) The Claimants in the above-titled action are
Allison Almond, a minor child, and Mary Almond;
(2) All notices with respect to this matter should be
sent to Claimant's attorney of record, PATRICK J. DUFFY, ESQ.,
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COOKSEY, HOWARD, MARTIN & TOOLEN, 1352 Irvine Blvd., Tustin,
California, (714) 832-2474.
(3) Claimant's Cause of Action occurred on or about
March 21, 1989, and Claimant's allege the following:
On or about March 21, 1989, claimant, Allison Almond, the
.minor child, was proceeding northbound on 'her bicycle on South
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"A" Street in the City of Tustin ..... On the east side of South "A"
1 'Street was parked a detached semi-trailer. Allison Almond was
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struck by' an automobile, driven by J~hn Gregory Campbell, 1241
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Hyde Park, City of Santa Ana.
4 John Gregory Campbell,s vision was impaired by the
5 de~ached semi-trailer. This trailer was owned by Daly Movers,
6 and in the employ of Frank H. Greinke at the time of the above-
? stated accident.
· 8 The officers that arrived at the scene of the accident
9 informed Claimant, Mary Almond, that the detached semi-trailer
10 had been parked in the same location at 230 South "A" Street,
11 City of Tustin, for approximately 3 days, prior to March 21,
12 1989. This is in direct violation of
13 5340(d), Tustin City Code. Traffic Regulatibns, as 'amended in
14 Ordinance No. 952. The detached semi-trailer was allowed' to
15 remain in that location because the rentee, Frank H. Greinke, was
16 the former mayor or Tustin.
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(4) Claimant's contend that the City of Tustin, along
with its 'police officers wanton and willful disregard of the
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ordinance prohibiting the extended parking of the detached semi-
trailer. The officers were acting under the guidance and
authority of their employer, the City Of Tustin, when they
exercised their favortism in disregarding enforcement of the
ordinance.-
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
DATED THIS 25TH DAY OF APRIL, 1989, AT TUSTIN, CALIFORNIA.
COOKSEY, HOWARD, MARTIN & TOOLEN
A Professional Corporation
PATRIC~
Attorney for Claimants