HomeMy WebLinkAboutCC 6 CLAIM #89-49 02-05-90AG ENDAa -90.
tCONSENT CALENDAR NO. 6
0175-90,
1/3/90 \A*� �� Inter - Com
DATE:
HONORABLE MAYOR AND CITY COUNCIL
TO:
CITY ATTORNEY
FROM:
SUBJECT: CLAIMANT: GLORIA GALLEGOS; D/L: 8/17/89; DATE FILED
W/CITY: 12/1/89; CLAIM NO: 89-49; CARL WARREN FILE NO:
S60072CLB
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
G. ROURKE
City Attorney
JGR(F4)
Enclosure: Copy of Claim
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ROLAND R. SALAMEH & ASSOCIATES
1100 Town & Country Road, Suite 950
Orange, California 92668
714/953-9999
Attorneys for Gloria Gallegos
CLAIM FOR DAMAGES
AGAINST THE CITY OF TUSTIN
In Re the Claim of )
GLORIA GALLEGOS )
VS. )
THE CITY OF TUSTIN )
CLAIM FOR DAMAGES
[Government Code 910]
In accordance with the provisions of California Government Code
910, GLORIA GALLEGOS, by and through her attorneys, The Law Oft ices
of ROLAND R. SALAMEH & ASSOCIATES, hereby presents the following
claim for damages against the City of Tustin:
Gloria Gallegos
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1 Cove_ �rnment,Code,,9J-0.. (b)— Name an d,. a ddx_ s w ich
t,.h�Pe r son_._Rrserat3n_1a��t.. esi�
2 not' ce
3 Roland R. Salameh, Esq.
Law Offices of ROLAND R. SALAMEH & ASSOCIATES
4 1100 Town & Country Road, Suite 950
'5 Orange, CA 92668
S-Qv e um Qmt..: d 91.0. (c) • . , ,D
6�:yQ�_s_��t� Qn�twh z �h
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On August 17, 1989, at approximately 6:00 P.M., Claimant lost
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her balance and fell in a large puddle of water, mud and
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construction debris that was unguarded and unmarked, in the middle
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of Sixth Street, west ' of its intersection with Pacific Avenue, in
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the City of Tustin. Claimant was unable to cross Sixth Street at
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13 any other point, due to the fact that all other places of access
were blocked by construction debris. The spot where claimant was
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able to cross was in a hazardous and dangerous condition, which was
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16 negligently allowed to exist by the City of Tustin, despite its
actual notice of the hazard.
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Vet��s�01s
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19 time.,, , negen.t:ation of . the -c as m,:
20 Claimant has experienced soft tissue injuries to the lumbar
21 spine, the thoracic spine and the cervical spine, right foot pain
22 and swelling, emotional anxiety and distress, and difficulty in
23 walking, which has caused her to seek medical examination and
24 treatment. Claimant has also sustained loss of earnings. The total
25 amount of these damages is presently unknown to Claimant.
2 6Qvppmt .4dg.,0 () t a e s e o
o rhe
o s'
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28 Unknown.
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Government \Cad 1. Oaf I.; Th t1 :aimed, .a ...of ,th.e- -da-t\e_.of
to v
3�n _ r__��v , �.S� Lia, �r� �r\.� ods
�aY�. �� .��C�o:w_n_tt�•.t L�t h ��t�LLe�.�4��t�
Ps.entat? 4of, -At .da, -\t ae- �heX .,with
g�i-med -,
Medical expenses incurred (approximate) $3,000.00
Loss of earnings incurred (approximate) $2,000.00
Future medical expenses (estimated) $5,000.00
Future loss of earnings (estimated) $2,000.00
Future permanent disability (estimated) $100,000.00
General damages
DATED: '
TOTAL
of III !I
too $$
ROL D R. SALAMEH,
Cla mant
- 3 -
I
orney for
VERIFICATION
STATE OF CALIFORNIA, COUNTY OF
I have read the foregoing
and know its contents.
0 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 arc 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.
❑ 1 am one of the attorneys for
a party to this action. Such party is absent from the count' ol•al'oresaid 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.
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 Rcviscd 5/1/88
STATE OF CALIFORNIA, COUNTY OF
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:
--1j_44T-awn-&-Coun.-r-y-Road,-Su-ite-9-5-G,--Orange-,-GA a2I
On / I — 3 O , 19Icif , I served the foregoing document described asf'T.ATM V T1AjyjA(',ES4G4)-V,-_M
—GQCiE: 1.0
on all interested parties in this action
by placing the true copiesereof enclosed in sealed envelopes addressed as stated on the attached mailing list:
by placing ❑ the original D a true copy thereof enclosed in sealed envelopes addressed as follows:
City of Tustin
300 Centennial Way
Tustin, CA 92680
Attn: City Clerk
BY MAIL
❑ *I deposited such envelope in the mail at California.
The envelope was mailed with postage thereon fully prepaid.
As follows : I ant "readily familiar" with the I"irm'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 posi.agc thereon fully prepaid at
Orange 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 -*.c. 3 —c> 194, at Gran California.
❑ **(BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of the addressee.
Executed on , 19 , at , California.
�Statc) 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 court at whose direction the service was
made.
Deane A. Cox ��
Type or Print Name Signature
STUART'S EXBROOK TIMESAVER (REVISED 5/1/88) '(BY MAIL SIGNATURE MUST BE OF PERSON DEPOSITING ENVELOPE IN
NEW DISCOVERY LAW 2030 AND 2031 C.C.P. MAIL SLOT. BOX. OR BAG)
(May be used in Catilornia Stale or Federal Courts) "(FOR PERSONAL SERVICE SIGNATURE MUST BE THAT OF MESSENGER)
LAW OFFICES
ROLAND R. SALAMEH AND ASSOCIATES
TISHMAN EXECUTIVE TOWERS • 1100 TOWN & COUNTRY ROAD, SUITE 950 • ORANGE, CALIFORNIA 92668 • (714) 953-9999
DATED: November 30, 1989
TO: CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
Attn: City Clerk
RE: GLORIA GALLEGOS vs. THE CITY OF TUSTIN
ENCLOSURES: Please f ind herein Claim For Damages [Government Code 910]
with regard to the above captioned case. We are providing a
self addressed envelope and ask please that �:ou conform and
return the extra copy to us.
-PLEASE FILE WITH THE COURT AND RETURN A CONFORMED
COPY TO THIS OFFICE AS SOON AS POSSIBLE.
PLEASE APPROVE AS TO FORM AND CONTENT.
FOR YOUR INFORMATION AND FILES.
FOR YOUR REVIEW AND COMMENTS.
IN ACCORDANCE WITH YOUR REQUEST.
PLEASE SIGN AND DATE ORIGINAL AND RETURN TO THIS
OFFICE AS SOON AS POSSIBLE.
PLEASE CONTACT THIS OFFICE UPON RECEIPT OF THIS
LETTER.
PLEASE ACKNCWLEDG E RECEIPT.
C ) CENCLOSED IS A CHECK N0. IN THE AMOUNT OF
C )
OTHER:
If you have any questions or comments, please do not hesitate to
contact the undersigned.
Very tru- y rs,
l 1
ROLAN R. SALAMEH
Attorney at Law