HomeMy WebLinkAboutCC 3 FILE LATE CLAIM 06-16-86D~TE:~a¥ ~-?, x~8~ ~ Inter-eom ~
TO:
FROM:
S UBJ EOT
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
APPLICATION FOR PERMISSION TO PERMIT LATE CLAIM FILED
ON BEHALF OF RITA BEALS: ALC %86-22
After reviewing the above-referenced application we recommend
that the City Council deny the application.
City Attorney
JGR: se :D: 05/22/'86 (54)
DATE:
.AY Inter-Corn
TO:
FROM:
SUBJECT:
RON NAULT, FINANCE DIRECTOR
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
CLAIM NO. 86-22 (Beal)
The subject claim has been reviewed' with the following findings:
1. Paragraph 2 indicates the alleged accident occurred on the parking lot of
Alpha Beta Shopping Center at 14551 Red Hill Avenue. This area, as
described, is private property and not within the public right-of-way.
2. Any private property development approvals falls under the Community
Development Department in lieu of the Public Works Department.
3. It is my opinion that this claim is not a city matter, but is between the
claimant and.the property owner.
Bob Ledendecker ......
Director of Public Work~/City Engineer
BL:sl
Attachment
CC:
City Attorney
City Clerk~
Carl Warrren Company
BARBARA Z. BAKER
Attorney at Law
322 West Third Street
Santa Aha, California 92701-5226
Telephone: 714/558-0123
Attorney for Claimant
RITA BEALS
In the Matter of the Claim of )
)
RITA BEALS )
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against )
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THE CITY OF TUSTIN. )
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APPLICATION FOR PERMISSION
TO PRESENT LATE CLAIM
[Gov.C. Sec'tion 911.4]
TO CITY OF TUSTIN:
Application is hereby made. for' permission to present
the attached claim after expiration of the time limit provided
in Government Code Section 911.2.
(1) As stated in the attached claim, claimant's
'cause of action accrued on or about January 8, 1986.
(2) The time for presentation'of such claim under
Government Code Section 911.2 expired on or about April 18, 1986.
(3) The reason for. the failure to present such claim
within the time provided in Government Code Section 911.2 was as
fol lows:
After my injury I was in a cast for a number of
weeks and then had difficulty walking and have had to use a cane.
I am unable to drive.
I did not consult an attorney prior to May 2,
1986 and I was unaware a claim had to be filed within 100 days of
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=JARA Z BAKER
'ORNEY AT LAW
the accident. It was through my mistake, inadvertence and
excusable neglect that a claim was not timely filed and no
prejudice has resulted to the CITY OF TUSTIN from the delay of
less than approximately 20 days.
I CERTIFY AND DECLARE under penalty of perjury under
the laws of the State of California that the foregoing is true
and correct.
DATED: May 5, 1986.
RITA BEALS, Claimant
31:bealslat
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3ARA Z. BAKER
ORNEY AT I. AW
BARBARA Z. BAKER
AttOrney at Law
322 West Third Street
Santa Aha, California 92701-5226
Telephone: 714/558-0123
Attorney for Claimant
RITA BEALS
Claim of
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RITA BEALS, )
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Claimant, )
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CLAIM FOR PERSONAL
INJURIES AND DAMAGES
TO CITY OF TUSTIN:
1. YOU are hereby notified that RITA BEALS, whose
address is 14601 Emerywood, Tustin, California 92680, claims from
the CITY OF TUSTIN damages for personal injury in the amount of
$250,500.00.
2. This claim is based on personal injury incurred
on January 8, 1986, at the shopping center of Alpha Beta Shopping
Center located at 14551 Redhill Avenue in the City of Tustin,
State of California, under the following circumstances:
At the above time and place, claimant was
walking in the parking'lot and fell due to a defective condition
.of the surfac~ of the Parking lot, creating a dangerous
condition.
3. The injuries and damages sustained by claimant
to date consist of physical and emotional injuries. Claimant was
injured in her health, strength, and activity, sustaining injury
to her body and shock and injury to her nervous system and, among
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SAI:IA Z. BAKEI~
others, sustained the folowing injuries: Fracture of the fifth
metatarsal on.the right foot, causing severe pain and suffering
and necessitating medical treatment. Claimant is presently under
medical treatment,' will require future medical treatment, and is
not able to walk at this time without the assistance of a
mech anichl device.
4. Medical expenses to date are as follows:
Doctors, x-rays, cast
(approximately) $ 500.00
General damages, pain
and suffering 0~
Total ~
5.
this Claim shall be sent to Attorney for Claimant, BARBARA Z.
BAKER, Attorney at Law, 322 West Third Street, Santa Ana~
California 92701-5226.
Ail notices and communications with regard to
DATED: May 5, 1986.
~ney for
RITA BEALS, Claimant
31: be als clm