HomeMy WebLinkAboutCC 3 CLAIM #83-18 09-19-83DATE:
9/6/83
CONSENT CALENDAR
NO. 3
~-19-83
nter - C om
TO:
~NORABLE MAYOR AND CITY COUNCIL
FROM:
JAMES G. ROURKE, CITY ATTORNEY
SUBdECT:
CLAIMANT: AUTO CLUB/TIMMONS; D/L: 10/1/82; DATE FILED
W/CITY: 8/18/83; CLAIM NO: 83-18; CARL WARREN FILE NO: $ 34714 AB
After investigation and review it is recommended that the City
Council deny the Application to File Late Claim and the City
Clerk directed to give proper notice of the denial to the
claimant and to the claimant's attorney.
~ JGR(x4.se)
Enclosure:
Copy of Claim
cc: OCCRMA
Autom bile Club of Southern California
ATTENTION: May we have an acknowledgement
of receipt so we will know this is in the
proper channels for disposition.-
CLAIM FOR DAMAGIS
'~Clty of Tustin
135 West Third, Tustin, California
AC$C/Elizabeth Timmons
Post Office Box
8-16-83
Misc. 48390 10-1-02
IHTERIHSURAHCE EXCHMGE OF THE AUTOMOBII. ECL. UB OF SOUTHERN CALIFORNIA
,oo,,,,.
Attention: (
10-1-82 13892 No. Tustin, Santa Aha, Calif.
Your City "Stake-Bed" Truck License # driven by
Larrv Davis struck the left side view mirror of our
insureds legally parked unoccupied vehicle located off the
allev roadwav next to the Office Buildinq located at
13892 No. Tustin. Santa Ana. Calif.
Repair bill in the amount of
Paid by Auto Club $63.61
Paid by our Insured 0
Total 63.61
Larry Davis 13524 Sycamore Dr. Whitter
$63.61
9091 5-73
Intersurance Exchange of the Automobile
IClub of $.9uthern C~lifornia, Subrogee of
E 1 i~be~/Timm~ns/ /' /
C~rol A. Houston/ps
(714) 850-5482
INTERINSURA" r.*SXCHANGE of the '~
Automou i ' le Club of Southern L. alif'ornia
P.O. Box 25001
Santa A~a, Ca 92711
City of Tustin
Office of the City Clerk
Mary E. Wynn, City Clerk
300 Centennial Way
~Tustin, Ca. 92680
AC$C/E!izabeth Tiau~ons
MISC.48390 10/1/82
Stake Bed Truck Lic ~:~
Yours : Unknown
MESSAGE--
Dear Ms. Wynn:
Rega=ding the above captioned loss, and our phone conversation this
date, I did phone Mrs. Arleene Birdsetl of Carl Warren & Company and she
stated to me her letter of. 6/9/83 was directly written to you, not to Auto
Club stating.we should file a "late claim", which we will do this week.
The'reason I phoned you this date was due to lack of current status since
April 18,1983.
IOATE S!GNATURE
REPLY-- Attached please find our "late claim" to be presented to the
City of Tustin.
If you have any questions please feel free to contact me.
O~TE8/16/83
INTF,.Rli',..~.,JF~A~C~5 EXCHANGI5 of the ~:~
Automobile .Club of , outhern California
PROC£~$ING CENTER. ~.O. BOX 25011 Santa Aha, Calif. 92711
Date 8-16-83
714-850-5482
City of Tustin
135 West Third
Tustin, California
Our Claim Number:
Our Insured:
Date of Loss:
Misc. 48390
Elizabeth Timmons
10-1-82
Dear Sirs:
Section 911.4 of the Civil Code of California provides for applica-
tion for leave to present a late claim and we at this time make
application to present the attached claim.
It is to be noted, the Section 911.4 of the Civil Code of California
provides for leave to present a late claim be warranted if:.
The failure to present it in time was through mistakes,
inadvertence, surprise, excusable neglect and the
entity was not ]:rejudiced by failure to present it
in time.
Please note, that the entity was not prejudiced by the failure to
.present this claim in time.
In an effort to minimize losses, our Field ~djusters instructed
our Insureds to await teE, airs pending termination of .the }~alathion
spraying. Thu~ the reason for the late claim.
~e respectfully request an acknowledgement so the= we may know this
claim is in the proper channels for consideration and settlement.
Very Truly Yours,
C. arol A-- Houston
aumroga%ion uepartment