HomeMy WebLinkAboutCC 5 CLAIM #87-38 12-21-87CONSENT CALENDAR
NO. 5
12-21-87
DATE:
DECEMBER 3, 1987
·
Inter-Corn
TO:
FROM:
S UBJ ECT:
HONORABLE MAYOR AND CITY COUNCIL
CITY ATTORNEY
CLAIMANT: ALICIA BARCENAS; D/L: 4/24/87; DATE FILED
W/CITY= 10/20/87; CLAIM NO: 87-38; CARL WARREN FILE
NO: S527 82DCH
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 att or ney.
¢i ty
JGR (F 4. se )
Encl osur e:
Copy of Claim
In the Matter of The
Claim of ALICIA BARCENAS, a Minor
through her Guardian Ad Litem,
A. ILENE BARCENAS
against
CITY OF TUSTIN
TO: CITY OF TUSTIN
APPLICATION FOR
LEAVE TO PRESENT
LATE CLAIM
1. Application is hereby made for leave to present
a late claim under Section 911.4 of the Government Code.
The claim is founded on a cause of action for negligence,
which occurred on April 24, 1957, and for which claim was
not timely presented. For additional circumstances relating
to the cause of action, reference is made to the proposed
claim attached hereto as Exhibit A and made a part hereof.
2. The reason for the delay in presenting this claim
is that the claimant was .and is a minor.during all of the
period when the claim should have been presented as shown
by the declaration of C.R. "Bud" Marsh, attached hereto as
Exhibit B and made a part hereof.
..
·
3. This application is presented within a reasonable
time after the accrual of the cause of action as shown by
the declaration of C. R. "Bud" marsh attached hereto as
B and made a part hereof.
~WHEREFORE, it is respectfully requested that this
application be granted and that the attached claim be received
and acted upon in accordance with Sections 912.& - 912.8
of the Government Code.
Attorney for Claimant
In the Matter of the Claim of:
ALICIA BARCENAS , a minor
VS.
CITY OF TUSTIN
TO: CITY OF TUSTIN
ALICIA BARCENAS hereby presents the following claims
to and against CITY OF TUSTIN and makes the following state-
ments in support of the claim.
1. Claimant's addres is
2. Notices concerning this claim should be sent to
her attorney of record, C. R. "Bud" Marsh, at 17722 Irvine
Boulevard, Suite Two, Tustin, California 92680.
3. The date and place of the occurrence giving rise
·
to this claim are April 24, 1987 at Holt Avenue, approximately
128 feet north of Warren.
4. The circumstances giving rise to this claim are
as follows: At the above time and place, Claimant was dropped
off from Helen Estock Elementary School by a substitute bus
driver who missed the regular stop which forced claimant
·
to cross Holt Avenue-..outside the crosswalk wherein claimant
was struck by a motor vehicle. In addition, at the above
time and place, speed regulations were inadequately enforced
and there was an inadequate number of traffic control devices
present.
5. Claimant sustained personal injuries and emotional
injuries as a r~sult of the occurrence. Furthermore, claimant
sustained numerous bruises, scrapes and strains from the
incident.
6. Claimant is informed and believes that the names
of the public employees causing the claimant's injuries is
Tracy Pleasant.
7. As a direct and proximate result of said negli-
gence, claimant, ALICIA BARCENAS has suffered damages in
the amount of $ 100,000.00 .
on behalf of Claimant
Alicia Barcenas
DECLARATION OF C. R. "BUD" MARSH
I, C. R. "Bud" Marsh, declare:
1. I am an attorney at law and duly authorized to
practice law before all courts in the State of California and am
competent to testify to the facts herein.
2. I am the attorney of record for Claimant, Alicia
Barcenas through her guardian ad litem, A. Ilene Barcenas.
3. The minor claimant, Alicia Barcenas, was born
Gugust 14, 1978, thereby being a minor during all of the 100 days
allowed for the presentation of her claim which occurred on or
about April 24, 1987 at Holt Avenue, approximately 128 feet
north of Warren.
I declare under penalty of perjury that the foregoing
is true and correct.
dC. R. "BUD" MARSH