HomeMy WebLinkAboutCC 4 CLAIM #85-23 05-06-85 ..... CONSENT CALENDAR
· ~/~ r~ !1~ h ~ NO. 4
TO: ~o.o~.~ .~o~ ~_C~_~O~_~CT~
FILE NO: Unknown
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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KINKLE:. RODIGER AND SPRIGGI
Post Office Box 1558
Santa Aha, CA 92702-1558
(SP.&CE BL'LO~T IK)lt i~rtT~TG ~.LM~
for defendant, CITY OF SANTA ANA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
CAROLYN CONWAY,
Plaintiff,
VS.
JAMES YOSHIDA, et al,
Defendants.
CITY OF SANTA ANA,
Cross-Complainant,
VS.
CITY OF TUSTIN; and
DOES 1 through 50,
Cross-Defendants.
No. 44 80 29
CLAIM FOR INDEMNITY;
CONTRIBUTION; PRORATION;
AND DECLARATORY RELIEF
(Government Code ~910);
NEGLIGENT ACT
TO THE CITY OF TUSTIN:
YOU ARE HEREBY NOTIFIED that the undersigned claimant
claims that it has the right of indemnity, contribution, proration
and declaratory relief from the above-mentioned public entity in
an amount not yet ascertained, but to be computed and presented
prior to or at the time of trial of the above-referenced lawsuit.
The names of the public employees causing the alleged injuries
or damages of the underlying plaintiff are unknown to this
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claimant at this time.
Ail notices or other communications with regard to
this claim should be sent to counsel representing defendant
in. the underlying action, KINF~LE, RODIGER AND SPRIGGS, Post Office
Box 1558, Santa Ana, California 92702-1558.
CLAIMANT'S NAME: City of Santa Ana, 20 Civic Center
Plaza, Santa Ana, California 92702.
ACCIDENT LOCATION: Tustin Avenue and First Street,
City of Tustin, County of Orange, State of California.
AMOUNT OF G~NERAL DAMAGES: This is a claim for
indemnity, contribution, proration and declaratory relief, we
do not presently know the nature or present extent of the claim
filed by the plaintiff in the underlying action. We attach a
copy of the plaintiff's complaint.
INJURIES: We have very limited information concerning
the claims at this time.
FACTUAL STATEMENT: On or about March 4, 1985, the
claimant was served with the complaint, filed on behalf of
CAROLYN CONWAY, seeking damages for injuries sustained via an
automobile accident on December 15, 1984.
In plaintiff's complaint, she alleges that this
claimant, as well as other named defendants, negligently
performed the acts described in the complaint so as to proximately
cause plaintiff's damage.
This claimant is informed and believes, and on that
basis alleges that any and all events and happenings, injuries
and damages, if any, referred to in plaintiff's complaint, were
proximately caused and contributed to by the negligence or other
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tortious misconduct of the CITY OF TUSTIN in that it was negligent
or otherwise acted tortiously with respect to the ownership,
design, maintenance, supervision and repair of the intersection
and its lighting and signal devices so as to cause the accident.
Accordingly, demand is hereby made for the
CITY OF TUSTIN to undertake the defense of the underlying lawsuit
filed by the plaintiff, cAROLYN CONWAY, being Orange County
Superior Court Case No. 44 80 29, and, further, to
indemnify claimant from any and all judgments for settlement
which might accrue or be paid. Further, that the CITY OF TUSTIN
indemnify, contribute, prorate and/or be the subject of a
declaratory relief action as hereinabove set forth.
Dated: April 9, 1985.
KINKLE, RODIGER AND SPRIGGS
Attorneys for claimant, CITY OF
SANTA ANA
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JOHN A. ROSENBAUM
1801 E. Parkcourt Place, Suite
Santa Aha, California 92701
CAROLYN C0~AY
E-lO2
(714)
953-6682
87O2O
ORANGE COUNTY SUPERIOR COURT
700 Civic Center Drive West
Santa Ana, Ca. 92701
PLAINTI~ ....
CAROLYN W. CONWAY
USE ONLY
~k
OEFENOANT
J~MES YOSHIDA.
DOES, TO __20 ___
dlTY OF SANTA ANA and
COMPLAINT--Personal Injury, property Damage, Wrongful Death
~_~. MOTOR VEHICLE .--._--OTHER (specify):
~_~-Property Damage [--; Wronglul Deafll
~..._j Personal Injury ~'~_j Or.er Damages (specily):
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Ezcepl Dta,nl,ff (name)
~ a corDoral,On cluahf,ecl Io dO busmess ,n Cahlorma
~"-_'~ an un,nco~poratecl enhly
~'~J a 0uDI,c enflly
~ fO~ whom a guard,an o~ co~servalo~ ol Ihe eslale or a guard~a~ ad hiem has been a0Oomted
~ olde,
~ olme~ (SP~C~fy)
,S clo,ng ::,us,ness uncle, me hChbOuS name of (Spec,fy)
Allacnmen! 2c (Cnnh¢'ue'l)
SHORT'TITLEco. NWA¥
vs. YOSHIDA, e: al.
COMPLAINT--Personal injury. Propert-/Damage. Wrongful Death
a Each detendanl named above ~s a natural
1'---I Except detenclanl (name);
~g Except defendanffnar~Jicy of Santa ~a
and Does 2,2 and 7-20
~abusmesso~gamzaho~ form unknown
~ a co~Dorahon
~ an umnco~oorated enhly (~escr~Oe):
~ a oubhc e~t~ly (describe) C~Cy o~ Santa ~ a public enti~ (~escr~oe):
~ omar fspec~fr)
r-'"'l a business ocganization, form unknown
~ a COrl:)oratJon
~ an unincorDoreled enlity (describe):
Except defenctanl (name)
Except defendant (name):
I--'] a bus,ness orgamzahon, form unknown
r~ a corporation
~ an unmcorDoraled enhty (descnbe):
~ a DubhC eflltty (OescrwOe)
[~! other
~ a bustness orgamzatton, form unknown
[ ,ia corooration
['---J an un,ncoroorated entity (c~escnl~e)'
~.J a Dubhc enbty (c~escnbe).
other (s~ec~fy)
The true names and caD&crees of delendants sued as Odes are unknown Id bJa~nhff
~ Intormal~on aooul addmor, al clelenC~ants who are not nalural Dersons ~S contained ~n'-Com~la~nt--
Attachmenl 3c
~ Defendants whO are lo,ned Dursuant lo Code of C~v~l Procedure section 382 are (names).
b ~ Dla,nhl/ ,S excused Iron comply,rig because (sDecffy)'
S Th,s court *s Ihe prober cour! because
~ at le;.st one defendant now ~es.'Jes ,n ,ts lur,sd~ct,onal area
~l Ihe Dr,nc,oar Olace o~ busmess of a co~DorahOn Or unrncorDotale~ assoc,a~,on ,S ,n ,IS lUres~,cl~onal area
~ ~nlurY to petson O~ oamage Io personal DroDerly occurred m ~ts lUr~s~acbonal area
_~ ot~er (soft,fy)
The follow,rig Daragraohs Of lh~S COmplaint ate alleged on ,nformahon and behef (s~oecffy ~aragra~l numbers):
Para§raphs 3, and HV-2
(Conl~nue(~) aa,ge iwo
ISHO~lT TITLE
CONWAY VS · YOSHIDA
COMPLAINT--Pe,"o,=I InjurT. Prope,ly Damage. W,ongful Death
7 ~""'~ The ctamages cla,mecl for wrongful cJeafh and the reJaltonsh,ps of plaintiff Io the deceased are
i J listed ~rt Compla~nI--Attachmen! 7 ~as follows:
Pla,ntllf has 5utfe~'ed
wage JOSS
hoSDilal and medical expenses
property damage
other :amage ~s~ec,/y;
I-'-"1 loss pi use of properly
(-~ general damage
~ loss of earn,ng caoaC,ty
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Rehef sought ,n Ih~s COmDlalnl ,s w;!h~n the lUnSd~cf,on of thts court.
PLAINTIFF P~qAY S
ComDe~satorY ~amaoes
(Superior CouP) acco?d,ng to p,oo~
--- (Muflicmpal and Juslice Court) ,n the amounl of S . __
-~ other f:Dec~ly)
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The follow,rig causes of act*on are attached and the S~alements above apply fo each' (Eac~ complaint must have
One Or more cau3e$ Of achon attacl~ecl )
~ MoIof Ve~cle
~ Gene,al Negl,gence
~ Intent:unal Tort
~ PrOdUCtS L~aD,l,ty
[ ': Prem,se5 L~aO,l,ty
JOHN A. ROSENBAUM .........
ISHeORTTiTLE ] C*SE~uMeEa
CONWAY vs. YOSHIDA, et al.
FIRST CAUSE OF ACTION--Motor Vehicle Page 4
ATTACHMENT TO ~'~'~Comolam! ['~Ctos$-Coml31aint
(Use a separate cause of achon form for each cause of action )
Pla~nhtf (name)'
MV-I
CAROLYN CONWAY
Plamf,ff alteges/J4're a'~'~danls .,,ere neghgent; fr~e acts were the legal
(proximate)
cause
ut
and damag/~6'fo plaint,If, the acts O~curred
on rc~ate) / 12 - l 5 - 8 4 )
at(~mce)~ TusC in. O~nge County Californi
a
MV-2 DE;ENOANT$
a. ~ The cJelendanfs who o~3erated a motor yen,cie are (names) James Tush ida
~ Does 2' ' ID 15 .....
The ,'Jele~dant$ who emDIoye.'J the Persons '.vino operated a molor ',en,c~e ,n the course of :he,r employment
are(names) Doe 1, Doe 2, and Doe. 7-20
['-- Does __ to
C ~'X~, The detenOanls *'ho owne0 the molor vehicle wtq~ch .*,as operated w,th their oerm,s$10n are (names)
James Yoshida
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~'~ Does to __
'd ~ ~e defendants wllo entrusted the motor vehicle are (names):
-~'~, goes
The detendants who were the agents and employees of the other detenPants and acted w,thm the ScoDe
Of lhe agency were (names) James Yoshida and
33 Opes _1 .... ,o __ 10 _
f ~X~ The 0elendants who a(e I,a~le to Did,hi,frS fO, other reasons and the ,easons tot the I,a~rlity are '.". .'. .; hsted ,n AftacnmenI MV-2! ~-~ fOllOwS
?[ainciff will seek leave of ~he Court ~o amend when such fac~s
becaome kno~ or upon proof thereof.
~ Opes