HomeMy WebLinkAboutCC 3 CLAIM #84-16 08-20-84CONSENT CALENDAR
NO. 3
8-20-84
Inter - C om
TO:
FROM:
SUBJECT:
C~~LE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: LUCKY STORES (JANET TURBES); D/L: 2/3/83;
DATE FILED W/CITY: 6/26/84; CLAIM NO: 84-16; 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
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A~W Claimant. LUCKY STORES, INC.
In the matter of the claim of
L~CK~ STORES, ~C.,
Claimant,
VS.
TUSTIN WATER COMPANY
Claimant, by Goethals & Swanson, its attorneys, hereby
presents this claim to the Tustin Water Company pursuant to
Section 910 of the California Government Code.
1. The name and address of Lucky Stores, Inc. is 6300 Clark
Avenue, Dublin, California 94566.
2. The Post Office address to which claimant desires notice
regarding this Claim be sent is as follows: c/o Goethals &
One City Boulevard West, Suite 1422, Orange, California 92668.
3. Claimant is informed and believes that the City of Tustin,
through its entity the Tustin Water Company, is responsible for
improperly installing and maintaining its water covers within the
City. On FebrUary 3, 1983, Janet Turbess fell in a recessed area
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containing one of these water covers.
4. As a result of the incident herein, an action has been
filed against Claimant in the Superior Court, County o-~. Orange.
Thus this Claimant is subject to the possible liability for the
injuries and damages which are actually the proximate result of the
dangerous and defective condition of the public property of the
City of Tustin, State of California. A copy of the Sun,ohs and
Complaint is attached hereto and incorporated by reference.
5. The amount claimed as of the date of presentation of this
Claim, including the estimated amount of any prospective injury,
damage or loss, insofar as it may be known at the time of the
presentation of the Claim, together with the basis of computation
of the ~mount claimed, is not known at this ~me.
6. The Dames of the public employee or employees who may be
invo'lved are not presently known.
DATED: June ~, 1984
GOETHALS & SWANSON
]%t~orfleys for Claimant,
LUCKY STORES, INC.
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GARY L. CH~.:BE~S, Esq. (714)730-1792
EDWA~S, CH~C-~ERS & HOFF~N
17541 Seventeenth St., Tustin, ~ 926~0
*.?OnNE*FOn(N~-): Plaintiff, J~ET TURBES
ORANGE COUNTY SUPERIOR COURT
700 Civic Center Drive West
Santa An&, California 92701
/
IOta COUR! u&[ ON%Y
PLAINTIFF:
Dr F~NOANT:
JA~NET TURBES,
LUCKY STOR~S, INC., a corporation,
DOES 1 through 10, inclusive,
and · ~i.
~J
SUMMONS
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NOTICE! You have been sued. The court may decide
against you without your be{ng heard Gnlesa you respond
within 30 days. Read the information below.
If you wish to seek, the advice of an attorney in this
matter, you should do SO promplly so that your written
response, if any, may be filed on time.
iAVISOt Usted ha sido demandado. El tribunal puede
decider contra Ud. sin audlenr..ta a mends qua Ud.
sponda denbo de 30 dias. Lea la Informaci6n qua sigue~
Si Usted .desea solicitar el consejo de un al~ogado en
este asunt0, det~e6a hacerlo inmediatamente, de esta
manera, SU resDuesta escrita, si hay aiguna, puecle Sar
registrada a tiempo.
1. TO THE DEFENDANT: A civil complaint has been tiled I:)y Ihs plaintiff against you. If you wish to defend this lawsuit,
you must. within 30 days after this summons is served on you. file with this court a written response Io the complaint.
Unless you do so, your default wilt be entered on application of the plaintiff, and Ibis court may enter a judgment
against you for the relief demanded in the complaint, which could result in garnishment
or property or other relief requested in the complaint.
OATED: ...........
SEAL)
2. NOTICE TO THE PERSON SERVED: YOU are served
a. ~ As an individual defendant.
b. [~ As the person sued under the fictitious name of:
C. ~On Behalf of: TJT~.K~' .c:;,'l,~l~..q _ T?¢~ _
t~nder: ~F~CCP 416.10 ((::orporalion)
I~ CCI:) 416.20 (Defunct Corporation)
['~q~'CCP 416.40 (Association or Partnership)
r--I Other:
d. ~ By personal delivery on (Date):.
~ CCP 416.60 (Minor)
['~ CCI:) 416.70 (Incompetent)
~ CCP 41690 (Indiv,duat)
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Plaintiff,
JANET TURBES
~ JL itPJ~i~ ~oun~ ~
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
JANET TURBES,
VS.
LUCKY STORES,
Plaintiff,
INC., a corporatiOn,
and DOES 1 through 10, inclusive,
Defendants.
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CASE NO. ~ ~5 9 ~
COMPLAINT FOR DAMAGES
Plaintiff alleges against defendants, and each of them,
as follows:
· 1. The true names or capacities of the defendants,
DOES I through 10, whether individual, corporate, associate, or
otherwise, are unknown to plaintiff.at the time of filing this
complaint and plaintiff, therefore, sues said defendants by such
fictitious names and will ask leave of court to amend this
complaint to show their true names or capacities then the. same have
been ascertained. Plaintif~ is informed and believes, and thereon
alleges, that each of the DOE defendants is, in some manner,
responsible for the events and happenings herein set forth and
proximately caused injury and damages to the plaintiff as herein
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alleged. '
2. Defendants, LUCKY STORES, INC., and DOES. 1 through
10, were and are at all times herein mentioned corporations duly
organized and existing under and by virtue of the laws-of the State
of California, and/or authorized to do business and doing business
in the County of Orange, State of California.
3. At-all times herein mentioned, each of the defendant~
was the agent and employee of each of the remaining defendants and
was at all times herein mentioned acting within the scope of said
agency and employment.
4. At all times herein mentioned, defendants, LUCKY
STORES,' INC., and DOES 1 through 5, were the agents, servants and
employees of defendants, LUCKY STOR~S, INC., and DOES I through 10,
who were acting within the scope of said agency and employment.
5. On or about the 13th day of February, 1983, at or
about 5:40 p.m., the plaintiff, JANET TURBES, was lawfully On
premises commonly known as'Lucky stores, located at 13~70 Newport
Avenue, in the City of Tustin, County of Orange, State of
California.
6. The defendants are the owners and operators of
certain premises.known as LUCKY STORES, located'at 13270 Newport
Avenue, Tustin, California. On or about February 13, 1983 the
defendants, and each of them, negligently, carelessly, recklessly,
and unlawfully'owned, operated and maintained said premises in a
dangerous and defective condition in that, among other things:
holes and cracks were allowed to remain next to a water pipe outlet
cover in an area adjacent to the store.
7. A= the aforementioned date, time and place,
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plaintiff, JANEi 'URBF. S, lawfully came up,~' said premises. As a
direct and proximate result of the aforementioned negligence,
carelessness, recklessness, and unlawfulness, the plaintiff, JANET
TURBES, was caused to fall while on said premises.
8. As a direct and proximate result of the negligence,
carelessness, recklessness, wantonness, and unlawfulness of
defendants, and each of them, and the resulting .fall, as aforesaid,
plaintiff, JANET TURBES, sustained severe and serious injury to
her person, all to plaintiff's damage in a sum within the juris-
diction of this court and to 'be shown according to proof.
9. By reason of the foregoing, this plaintiff has been
required to employ the services of hospitals, physicians, surgeons,
nurses and other pro~essionai Servi:es and plaintiff has been
compelled to incur expenses for ambulance services, ~edicines,
X-rays'and other medical supplies and services. Plaintiff is
informed and believes, and thereon alleges, that further se~vice~
of said nature will be required by plaintiff for an unpredictable
period in the. future, all to the damage of plaintiff in an amount
to be,shown according to proof. ~
10. At the time of the injury, as aforesaid, plaintiff,
JANET TURBES, was regularly and gainfully employed; by reason ~f
the foregoing, plaintiff has been unable to engage in her employ-
ment fo~ a time subsequent to said accident and plaintiff is
informed and believes, and upon such information and belief,
alleges that she will be unable to work in her said employment for
an indefinite period in the future, thereby suffering a loss of
earning capacity, all to plaintiff's damage in an amount to be
shown according to proof.
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11. ~'.' result of said injurl. '.- plaintiff, JANET
TURBE$, has been unable to attend to her household duties and has
been obliged to hire a housekeeper to care for her home and she
will continue to be obliged to hire a housekeeper for an
indefinite period in the future, all to' her damage in a presently
unascertainable amount; when such amouqt is known, plaintiff will
ask leave of court to amend this complaint accordingly.
WHEREFORE, plaintiff, JANET TURBES, prays for judgment
against the defendants, and each of them, as follows:
A. General damages in a sum according to proof;
B. Medical, hospital and related expenses according to
' proof;
C. Loss of earnings and earning capacity incurred and
and to be incurred according to proof; . ~.
D. Housekeeping expenses incurred and to be incurred
according to proof;
E. Judgment for' prejudgment interest at 10%' per annum,
pursuant Co the provisions of CIV. C. ~3291;
F. Costs of suit and f~r such other and further relief
as the court deems proper.
EDWARDS, CHAMBERS & HOFFMAN
· By:
GARY L CNAMBER$
GARY L. CHAMBERS,
Attorney for Plaintiff
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