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HomeMy WebLinkAboutCC 3 CLAIM #84-12 01-21-85  CONSENT CALENDAR NO. 3 DATE: SUBJECT: MAYOR ~D CTTY COUNCTL JAMES G. ROURKE, CITY ATTORNEY CLAIMANT: CITY OF LAGUNA BEACH (BERAN); D/L: 2/20/84; DATE FILED W/CITY: 12/21/84; CLAIM NO: 84-12; CARL WARREN FILE NO: S38248DC 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 5 6 ? 8 9 10 11 12 13 ],4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MORGAN, WENZEL & McNICHOLAS Defendant, CITY OF LAGUNA BEACH UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA VACLAV BERAN, Plaintiffs, VS. ) ) ). ) ) ) RONALD SAPP; CITY OF LAGUNA ) BEACH: OFFICER R. SCHOENKOPF; · ) OFFICER KREYLING; OFFICER FRAZIER; ) CITY OF TUSTIN; CITY OF COSTA MESA,) ) Defendants. ) ) CASE NO. CV-84 6554 ER ~BX) CLAIM FOR INDEMNITY TO THE CiTY ~P TUSTIN AND TO ITS ATTORNEYS OF RECORD: ROURKE & WOODRUFF: 1. Claimant, CITY OF LAGUNA BEACH, has a post office address at 2. Notices concerning this claim should be directed to the Law Offices of Morgan, Wenzet & McNicholas, 19782 MacArthur Blvd., Suite 230, Irvine, CA 92715. 3. The incident giving rise to t~is claim occurred on or about February 20, 1984 at or near the intersection of Interstate Highway 5 and California Highway. 55. As a result of the incident~*.~.a-cemp!aint was filed on behalf of VACLAV BERAN, 2 3 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 Case Number CV-84 6554 ER (BX) in the United States District Court for the Central District of California on or about August 31, 1984. Among others, the CITY OF LAGUNA BEACH was named as defendant in that action. The complaint was served on defendant, CITY OF LAGUNA BEACH on September 12, 1984. 4. The CITY OF LAGUNA BEACH contends it was in no way responsible for the alleged personal injuries suffered by plaintiff, VACLAV BERAN. The CITY OF LAGUNA BEACH hereby makes a claim against the CITY OF TUSTIN for indemnity in this lawsuit from the CITY OF TUSTIN, for.its acts, conduct, omissions, operations, or negligence, as well as that of its agents and employees, in causing or contributing to plaintiff, VACLAV BERAN'S alleged personal injuries. 5. The names of the specific employee or employees of 'the CITY OF TUSTIN responsible for plaintiff, VACLAV BERAN'S alleged injuries is unknown to the CITY OF LAGUNA BEACH at this time. 6. The specific amount claimed is unknown inasmuch as complaint of VACLAV BERAN is pending and the rights and liabilities of the parties involved in that litigation has not been determined. DATE: December 20, 1984. MORGAN, WENZEL & McNICHOLAS Pro~s sional Corporation ~OH~N A. KA~IEWSKI, A~torneys for ~//Defendant, CITY OF LAGUNA BEACH.