HomeMy WebLinkAboutCC 4 CLAIM #85-27 05-20-85DATE: 05/06/85
CO~%ENT CALENDAR
N~ 4
5-20-85
Inter-Corn
TO:
FROM:
SUBJECT:
_.~N'O~LE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: NISSON, JAMES MATHIAS; D/L: 8/29/84; DATE
FILED W/CITY: 4/22/85; CLAIM NO: 85-27; CARL WARREN
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
3L C. LACttLAN. BURFORD & AR[AS
April 19, 1985
4026-D
TO THE CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
ATTENTION: CLERK
RE: ROTT vs. NISSON, et al.
Gentlemen:
On behalf of JAMES MATHIAS NISSON the following claim is
hereby presented pursuant to California Government Code ~900 et
seq., in accordance with the laws of the State of California:
1. NAME AND ADDRESS OF CLAIMANT:
JAMES MATHIAS NISSON
2. NOTICE OF CLAIM SHOULD BE SENT TO:
MacLachlan, Burford & Arias
A Law Corporation
1131 West Sixth Street, Suite 355
Ontario, CA 91762
3. DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE
OR TRANSACTION WHICH GIVES RISE TO THE CLAIM:
The action involves a truck versus bicyclist accident
which occurred on or about August 29, 1984, at the intersection
of Redhill Avenue and Walnut Avenue, in the City of Tustin,
County of Orange, State of California. Claimant was named as a
defendant in the within action, along with the City of Tustin,
as having owned, maintained, controlled, planted, cultivated,
trimmed and failed to trim the northwest corner of Redhill and
Walnut so that the shrubbery, the trees and vegetation on the
property of both the City of Tustin and other defendants obscured
the bikeway, the public way and the public road from the view of
MAC LACrd. AN. BURFORD & ARIAS
the drivers of bicycles and the drivers of motor vehicles on the
intersecting streets. A lawsuit was filed by plaintiffs,
JOHN-DAVID F. ROTT, a minor, by his Guardian ad Litem, JOHN J.
ROTT, JOHN J. ROTT, individually, and MILDRED ROTT, individually
against JAMES MATHIAS NISSON and others under Orange County
Superior Court case n~aber 453535, requesting damages and naming
the claimant herein as a defendant. Said claimant was served
with the Summons and Complaint on or about March 23, 1985.
4. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION,
INJURY, DAMAGE OR LOSS INCURRED SO FAR AS IT IS KNOWN
AT THE TIME OF THE PRESENTATION OF THIS CLAIM:
Claimant has been required to retain the services of
attorneys and has incurred expenses in connection with this
matter; claimant has also incurred potential liability to the
plaintiffs, John-David F. Rott, a minor, by his Guardian ad
Litem, John J. Rott, John J. Rott, individually, and Mildred
Rott, individually, which cannot be determined until such time as
'the matter is resolved by settlement, judgment or verdict.
5. NAME OR NAMES OF THE PUBLIC EMPLOYEE OR EMPLOYEES
CAUSING THE INJURY, DAMAGE OR LOSS, IF KNOWN:
Specific identities are unknown at present but are
believed to be the CITY OF TUSTIN, its agents and employees.
6. AMOUNT CLAIMED AS OF THE DATE OF PRESENTATION OF THIS
CLAIM:
(a) Attorneys fees and costs in an undetermined
amount.
(b) The estimated amount of prospective injury and
damages is not ascertainable at this time but would include con-
tinuing legal fees and costs incurred in defending the litigation
filed by the plaintiff and any liability incurred by the claimant
as a result of the resolution of the litigation filed by the
plaintiff.
DATED: April 19, 1985
MAC LACBLAN, BURFORD & ARIAS
By:
CLIFFORD R. 'CUNNIN ..C~.~ ..-~'~"