Loading...
HomeMy WebLinkAboutCC 3 CLAIM #85-39 10-21-85 ~,~ ,, ~.~ ~ ~ ~ ~! ~\ ~; ,,~,~-~,,~ ~ONSENT CALENDAR ~" ~ , -~ ~". ~ ~ b ~ ~ ~ ~ NO. 3 ~ ~,:, '~ ~.~ ~ ::~;~ ~/o '~/r~-~ I~~%~ 10-21-85 Inter-Corn TO: FROM: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL JAMES G. ROURKE, CITY ATTORNEY CLAIMANT: ESTER CRUZ GONZALES; D/L: 05/08/85; DATE FILED W/CITY: 08/20/85; CLAIM NO: 85-39; CARL WARREN FILE NO: S-43252 LFH 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 CLAIM AGAINST THE CITY ~' TUSTIN ('For Damages to Persons' or Personal Property) Received by ~ ~.~~ U.S. Mail Inter-office Mail Over the Counter X' gUG ' 2 7':-., O~_~u~t.,C~ CJerk The'"'law provides generally that a claim must be filed with the City Clerk of the City of Tustin within 100 days after which the incident or event occurred Be sure your claim is against the City of Tustin, not another public entity. Where space is insufficient, please use additional paper and identify informa tion by paragraph number. Completed claims must be mailed or delivered to tk 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 rive to damage to persons and/or personal property: NAME OF CLAIMANT: GABRIEL & SANDRA SANTANA a. ADDRESS OF CLAIMANT: b. PHONE NO: ( c. DATE OF BIRTH: SOCIAL DRIVERS d. SECURITY NO: e. LICENSE NO: 2. Name, telephone and post office address to which claimant desires notice~ to be sent, if other than above: Marvin B. Nachlis, Esa., 17621 Irvine Blvd. Suite 114. Tu~n. CA 9268 714-832-8003 3. This claim is submitted against: The City of Tustin only. The following employee(s) of the City of Tustin only: The City of Tustin and the following employee(s) of the City of Tustin only: DOES 1 through 20 4. Occurrence or event from which the claim arises: ae DATE: 4/28/85 ...... b. 'TIME: 3:45 p,~, c. PLACE (Exact and specific location): Temoorary dirt road at or about 2/10 of a mile west of Myford Road and 1/5 of a mile south of Irvine Blvd. How and under what circumstances did damage or injury occur? Specif the particular occurrence, event, act or omission you claim caused the injury or damage (Use additional paper if necessary). SEE ATTACHMENT What particular action by the City, or its employees, caused the alleged damage or injury? SEE ATTACHMENT Give a description of the injury, property damage or loss so far as is known at the time of this claim. If there were no injuries, state "no injuries" SEE ATTACHMENT 6. Give the name(s) of the City employee(s) causing the damage or injury: SEE ATTACHMENT 7. Name and address of any other person injured: SALVADOR SANCHEZ, 8. Name and address of the owner of any damaged property: GABRIEL & SANDRA SANTANA, Damages claimed: a. Amount claimed as of this date: Unknown at this time b. Estimated amount of future costs: Unknown at this time c. Total amount claimed: Unknown a~ this tim~ d. Basis for computation of amounts claimed (include copies or all bills,. invoices, estimates, etc.: Not received as of this date i0. Names and addresses of all witnesses, hospitals, doctors, etc.: a. Witnes~ Salvador Sanchez. C. 11. Any additional information that might be helpful in considering this claim: 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 above claim and I know the same to be true of my own knowledge, except as to those matters stated to be upon information or belief and as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. Executed this 30th day of July , 19 85 , at Tustin, California. Office of the City Clerk, Tustin, California NO: DATE FILED: Revised 8/05/81 JGR:se:R:8/5/81 (A) ATTACHMENT TO CLAIM FILED BY GABRIEL & SANDRA SANTANA 4d/e. Claimant, GABRIEL SANTANA, drove his vehicle into a ditch that was approximately ten feet deep and ten feet wide. There were no warning signs regarding the ditch, no 'materials covering the ditch and nothing to place one on notice of the dangerous condition. The incident occurred either as a result of the City of Tustin, its agents, employees or independent contractors, failure to warn motorists of the ditch, failure to erect barriers or restraints around or over the ditch, failure to block access to the ditch or failure to construct the ditch in a manner where motorists cannot drive into the ditch, or as a result of the negligence of the City of Tustin, its agents, employees or independent contractors in a manner unknown to claimants at this time. It is believed that the incident may have occurred on property owned or controlled by the City of Tustin, and/or its agents, employees or independent contractors, or that the incident occurred as a result of work performed or work failed to be performed by the City of Tustin and/or its agents, employees or independent contractors. 5. Property damage: 1968 Volkswagon automobile totalled; towing bill of $207.00. Personal injuries: To GABRIEL SANTANA--include possible fractured skull, ruptured sinus, stitches on forehead, concussion, whiplash, fractured wrist and other injuries. Total of hospital and doctor bills unknown at this time. Other damages: To GABRIEL SANTANA--lost wages, employment, residence, insurance, disability, pain and suffering. Total amount of damages unknown at this time. To GABRIEL & SANDRA SANTANA--LOsS of consortium. Total amount of damages unknown at this time.