HomeMy WebLinkAboutC.C. #3 12-04-89 Sheryl BenceDATE:
Inter- Corn
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
CITY ATTORNEY
CLAIMANT: SHERYL BENCE; D/L: 9/19/89; DATE FILED W/CITY:
10/25/89; CLAIM NO: 89-35; CARL WARREN FILE NO: S59909CLB
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 )
Enclosure: Copy of Claim
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JAMES E. .HFOOD & ASSOCIATES
1100 Town & Country Road
Suite 950
Orange, California 92668
(714) 953-9999
Attorneys for Claimant, SHERYL A. BENCE
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
SHERYL A. BENCE,
Claimant,
VS.
STATE OF CALIFORNIA, COUNTY
OF ORANGE, CITY OF TUSTIN,
and DOES 1 to 50, inclusive,
Defendants.
NOTICE OF CLAIM
PURSUANT TO
CALIFORNIA GOVERNMENT
CODE SECTION 910
. \
1. SHERYL A. BENCE hereby presents this claim to the STATE
OF CALIFORNIA, COUNTY OF ORANGE, CITY OF TUSTIN, and DOES 1 t¢
50, inclusive, pDrsuant to Section 910 of the California
Government Code.
2. The street address of Claimant is 109 Chautauqua,
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Santa Monica, California 90402.
3. The address to which Claimant, SHERYL A. BENCE, desires
notice of this claim to be sent is JAMES E. IiAHFOOD & ASSOCATES,
1100 Town & Country Road, Suite 950, Orange, California 92668.
4. The date and place of the occurrence giving rise to
this claim are August 6, 1989, in the City of Tustin, County of
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Orange,
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follows:
the State of California
The circumstances giving rise to ~his claim are as
On the above-referenced date and at the above-
referenced place, Claimant was jogging on a pathway in Pine Tree
Park, which was in a dangerous Condition due to negligent
maintenance by the employees of the City of Tustin and/or the
County of Orange (the names of such employees are unknown at this
time) who are responsible for park upkeep. Their negligence in
maintaining the park caused a puddle to be formed and water tc
stand, stagnate and result in algae or other moss-like film t~.
collect, which created an unsafe, slippery condition. Due to the
dangerous condition, Claimant slipped and fell, causing he~-
serious injuries.
6. As'a proximate result of the negligence of Defendants,
Claimant SHERYL A. BENCE slipped and fell and suffered injurie~
to her head, neck and back.
7. As a further proximate result of said acciden%,
Claimant has incurred the following damages:
General Damages for Pain and Suffering $50,000.00
8. The name of the public entity and employees responsible
for Claimant's loss are:
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STATE OF CALIFORNIA;
COUNTY OF ORANGE;
CITY OF TUSTIN; and
DOES 1 to 50, inclusive.
JAMES E. MAHFOOD & ASSOCIATES
z.// ,.' / / ~"
By' ,..'/...("~ / .?....::.~.-;.'
A~o rne y '..~ o~-"~ 1 a iman t
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PROOF OF SERVICE
STATE OF ~ALIFORNIA, COUNTY OF ORANGE
I am employed in the County of Orange, State of Califo3' ~ia
I am over the age of 18 and not a party to the within actic~
business address is:
1100 Town & Country Road, Suite 950, Orange, CA 92668.
On October 24, 1989, I served the foregoing docu~.an
described as NOTICE OF CLAIM PURSUANT TO CALIFORNIA
CODE SECTION 910 on the interested parties in this action
placing a true copy thereof enclosed in a sealed enve~ '~
addressed as follows-
COUNTY OF ORANGE - RISK M3~NAGEMENT
Civic Center Plaza
P. O. Box 327
Santa Ana, CA 92702
City Clerk
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
(BY MAIL) I caused such envelope with postage thereon ~ ..... z
prepaid to be placed in the United States mail at Orange
California.
Executed on October 24, 1989 at Orange, California.
I declare that I am employed in the office of a membe~ ~
the bar of this court at whose direction the service was made.
TERRY ERICKSON
Typed Name