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HomeMy WebLinkAboutCC 3 CLAIM #89-25 08-07-89 JUL 2 ? 1989 TO: HONORABLE MAYOR AND CITY COUNCIL 7ROM: CITY ATTORNEY ............. CLAIMANT: CHARLES DANNER (X-Ref: JASON PFEIFER); D/L: 12/16/87; DATE FILED W/CIT~: 7/6/89; CLAIM NO: 89-25 (X-Ref: 88-22); CARL WARREN FILE NO. S54627JB ~/ 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. ,:, JAME~ G. ROURKE City Attorney JGR:D: 7/24/89 (F4) Enclosure: Copy of Claim CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CALIFORNIA 92680 DATE: JULY 24, 1989 RE: CLAIM NO: 89-25 (X-Ref: 88-22) CLAIMANT: CHARL~ DANNER D/L: 12/16/87 D/FILED W/CITY: 7/6/89 CW FILE NO: S 54627 JB We have reviewed the above-captioned claim and request that you take the action indicated below: . Notice of Refusal to Accept Late Claim: Return a copy of the claim to the claimant and .the claimant's attorney, advising that it was filed late and the only recourse is to file a written application for leave to present late claim. Use Form C. Complete Form C-1. Also send out Form B. . Notice of Claim Insufficiency: Notify the claimant and the claimant's attorney with Form D and ccmplete Form D-1. Mail to the claimant and to the claimant's attorney within twenty (20) days of the date of receipt of the original claim in your office. Do not send a "rejection of claim" letter. Describe the insufficiency as follows: . Notice of Rejection By Clerk of Application to File A Late Claim Presented Beyond One Year From Date of Occurrence: Send a Notice of Rejection of Application to Present Late Claim Presented Beyond One Year from Date of Occurrence to the claimant and the claimant's attorney. Use Form E. Complete Form E-1. e Notice of Denial by City Council of Application to File Late Claim: Have the matter acted upon by the City Council and then send rejection letter to claimant and claimant's attorney. Use Form F. Complete Form F-1. . XX Notice of Rejection of Claim: Have the matter acted upon by the City Council, then send notification of rejection of claim to the claimant and the claimant's attorney. Use Form G. Complete Form G-1. . Amended/Supplemental Claim: Have the matter acted upon by the City Council and upon its rejection send rejection letter to claimant and to the claimant's attorney. Use Form G. Complete Form G-1. . Operation of Law: Defer any written response to the claimant pending further advice. 8. Other: Please provide this office and Carl Warren & Company with a copy of the notice sent as requested above together with a copy of the declaration of service by mail. If you have any questions, please advise this offic~e. JGR: cas :R: 7/24/89 (F4a) cc: Carl Warren & Co. Finance Director City Manager Very t~ ~ui~'~ ou~,/ ~JAME~G. RO3RKE City Attorney .. CwA~m AG~.~ ~HE , ~ ~'I,~ · CITY 'PUS?IN - (For Damages to Persons ....r Personal Pro'per'as') Received Oy U.S. Mail inter-office Mail Over %he Counter via ~he !~W.~-6~-~-i-d~S generally ~hat a c'i-~qm must oe 3]ii~d With "~he City Ci~rk 6f the City of Tustin within 100 davis after .which the incident or event .occurre~ Be sure your claim is against the City of Tustin, not another public entity. Wh'ere space is insufficient, please use additional paper and identify informa- tion by paragraph number.' Completed claims must be mailed or delivered to th: City Clerk, The City of Tustin, 300 Centennial Way, Tustin, California 92680 TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California: The undersigned respectfully submits the following claim and information rela- tive to damage to persons and/or personal property: 1. NA;,~E OF CLAIMANT: C~i^~T.F..q .~W!T.T.TAM n^NNF.~.. a. ADDRESS OF CLAIMANT: b. PHONE NO: ( c. DATE OF BIRTH: . SOCIAL DRIVERS d. SECURITY NO: e. LICEMSE NO: 2. ~ame, telephone and post office address ts which claimant desires notices to De sent, if other than above: ~c~o 'Glenn S. G0.1d~L,__E. sq.. 3465 West Torrance Blvd., ..Ste. H. Torrance~. CA 90503 3. This claim is submitted against: a · The City of Tustin only. The following employee(s) of the City of Tustin only: The City of Tustln and the following employee(s) of the City of Tustin only: Any and a~l City of T~stJn mffirmr~: mm.plmym~ mr nthmr representativesrespons~hle for th~ a~tm and/mr mmj~mn~ · described below, 4. Occurrence or event from which the claim arises: a. DATE: 1/26/89~ b. 'TIME: and specific location): ~ c. PLACE (Exact d. }{ow and under what circumstances did damage or injury occur?' Specify the particular occurrence, event, act or omission you claim caused the injury or damage (Use additional paper if necessary)· ~ See attachment e.. What particular action by the City, or its employees, caused the alleged damage or injury? ... :' . ,~ve a description o~ the injury, property damag.= or loss so far as is known a~ ~-'e ~ime of tk~s cla[~, i~ ~hc~-e .,~= . ~ __ injuries". . ~!_a~~_is i~me~_.and h~e~thmt _p]mintiff_~~~n~_.d~ge$ to=hi&~cl, .as well a~ka~a~~~_~l~fra~~of thru l~ft nrh~~ 38c~ti of the face and atrial fibrillation. 6. Give the name(s) of tko City employee(s) causing the damage or injury: ___ U__~n~ a~ this ti~ 7. Name and address of any other person injured: Unknown at this time Name and address of the owner .of any damaged property: described above,, unknown at this time. Other than that 9 Damages cia~. a. D~o%int c!almed a= of this date: Unknown at this time. b. Estimated amount of future costs: Total amount claimed: '' Unknown at this time. d. Basis for computation of amounts claJ.~-~c% (ihClude copies of ail"bil-!s, invoices, estimates, etc.: Unknown at this time. 10. Names and addresses of al! witnesses, hospitals, doctors, etc.: a. _Jason Pfeifer. Western Medical__ Center, 1001 N. T.stin. ~ntm Amm= CA . Others unknown at this do 11. Any additional information that might be helpful in considering this clai:n: ~ Unknown at this time. WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM: (Penal Code Section 72; Insurance Code Section 556.0) I have. read the matters and statements made in the abcve claim and I know the same to be true of my own knowledge, except as to those matters stated' to be .. upon' information or Delief and as to such matters f believe the same to be true· i certify under penalty of perjury that the foregoing is TRUE AND CORRECt. ExecUted this ~ff.%ce of the City Clerk, ~.~stin, California day of ~w~a ', i9','~, · · at Tustih' California DATE FILED: Revised 8./05/.81 ~ "5 ,'8 ~ JGR:se :P,:,,., ,_. ATTACPIMENT 4.d. Claimant was served with Summons and Complaint in an action entitled "Jason Pfeifer vs. Charles Danner~ et al" Orange County Superior Court, Case No. 572895 on January 26, 1989. The plaintiff in that action seeks to recover damages , against claimant for personal injuries and property damages arising out of an automobile accident which occurred on December 16, 12987, at 10:30 p.m., at the intersection of Newport Avenue and Vanderlip Streets, in the city of Tustin, County of Orange, State of california. City officers, employees and/or other representatives negligently and otherwise tortiously, designed, planned, manufactured, constructed, inspected, tested, maintained, serviced, illuminated, repaired and controlled the public streets and thoroughfares identified above, including but not limited to the above-described intersection, as to proximately cause the accident and injuries and damages incurred therein. If and to the extent that plaintiff, Jason Pfeifer is awarded any damages against Claimant, Claimant contends he is to be entitled to be indemnified by City. Claimant may file this claim within 6 months of the date he was served with the Summons and Complaint in the Pfeifer action; i.e., within 6 months of January 26, 1989.