HomeMy WebLinkAboutCC 3 CLAIM #87-1 02-02-87· ( ~ ~ NO. 3
DATE: JANUARY 12, 1987
TO:
FROH:.
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
CITY ATTORNEY
CLAIMANT: SIGNAL MAINTENANCE INCORPORATED; D/L:
6/27/85; DATE FILED W/CITY: 1/02/87; CLAIM NO: 87-1;
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.
JGR (F4.se)
Enclosure:
Copy of Claim
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LAW OFFICES OF RAYMOND J. MOSSIER
14 CORPORATE PLAZA
NEWPORT BEACH, CA 92660
(714) 759-0323
Claimant
SIGNAL MAINTENANCE INCORPORATED
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
Claim of Signal Mafntenance Inc.
vs.
CITY OF TUSTIN
NO.
CLAIM FOR PARTIAL
INDEMNITY ON A
COMPARATIVE FAULT BASIS;
CONTRIBUTION; COSTS OF
SUIT AND COURT COSTS;
AND REASONABLE
ATTORNEY ' S FEES .
TO CITY OF TUSTIN ATTENTION CITY CLERK:
1. You are hereby notified that Signal Maintenance Inc. whose
address is 2720 East Regal Park Drive, Anaheim, California,
92806, claims partial indemnification on a comparative fault
basis, contribution, costs of suit and court costs incurred
herein, and reasonab~'e attorney's fees from the City of Tustin.
2. .This claim arises and is based upon a collision between an
automobile operated by JAMES NORMAN ESTES and DEREK A. (I.O.)
MILES on June 27, 1985, at the intersection of Irvine Boulevard
and Redhil! Avenue, in the City of Tustin, California.
3. Derek A. (I.O.) Miles was proceeding westbound on Irvine
Boulevard attempting to make a right turn on to Redhil! when he
was hit by a tractor-trailer truck being driven by JAMES NORMAN
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ESTES traveling eastbound on Irvine Boulevard.
4. On March 4, 1986, MARY HELEN TOMLIN and WILLI. AM EARL TOMLIN
III, a minor, by his Guardian ad Litem, MARY HELEN TOMLIN, filed
Orange County Superior Court Case No. 48 28 74, naming, among
other's, Signal Maintenance Inc. as a defendant in the action.
Service of the complaint was affected upon Signal Maintenance
Inc., December 19, 1986, the first ind. ication Signal Maintenance
had that it was a defendant in the action.
5. In the complaint, MARY ~RLEN TOMLIN and WILLIAM EARL TOMLIN
III seek to recover general damages, medical expenses, funeral
and burial expenses, and costs of suit.
6. Signal Maintenance Inc. claims that the negligence of the
City of the Tustin contributed to the plaintiff's decedents death
inasmuch as plaintiffs allege each of those entites created or
contributed to the creation of a dangerous condition. Signal
Maintenance Inc. therefore contends it is entitled to the relief
claimed above.
7. All notices and communications with regard to this claim
should be sent to:
LAW OFFICES OF RAYMOND J. MOSHER
14 COt~!~ORATE PLAZA
Newport Beach, California 92660
DATED:
December 30, 1986
6----RAYMOND J. MOSHER ~
Attorney for Claimant
SIGNAL MAINTENANCE INC.
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