HomeMy WebLinkAbout18 CLAIM #98-8 04-06-98 LAW OFFICES OF
~OODRUFF~ SPRADLIN & SMAR ~
A PROFESSIONAL CORPORATION
AGENDA
MEMORANDUM
NO. 18
4-6-98
TO:
FROM:
DATE:
RE:
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
April 1, 1998
Claim of W. F. Partners; Claim No. 98-8
RECOMMENDATION: After investigation and review by the City's claims administrators
and this office, it is recommended that the City Council deny the claim and direct the City
Clerk to send notice thereof to the claimant and to the claimant's attorneys.
DISCUSSION: The claimant alleges that a branch from a City tree fell on their building and
damaged the roof, some landscaping and ground lights on the property. The claim is for
$485.00. The City's investigation indicates that this was an "Act of God" that occurred
during high winds and rain. The City tree was property maintained and the City did not
have actual or constructive notice of any dangerous condition of the tree.
Enclosure
cc: William A. Huston, City Manager
LOIS E. JEFFR'~~'~
1102-9808
60822_1
CITY OF TUSTIN
CLAIM AGAINST THE CITY OF ~USTIN
(For Damages to Persons or Personal Property)
The law provides generally that a claim must be filed with the City Clerk of the City of Tustin within
six (6) months after the incident or event occurred. Be sure your claim is against the City of Tustin,
not another public entity. Where space is insufficient, please use additional paper and identify
information by paragraph number. Completed claims must be mailed or delivered to the City Clerk,
City of Tustin, 300 Centennial Way, Tustin, California 92780.
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK
To the Honorable Mayor and City Council, City of Tustin, Califo(nia:
The undersigned respectfully submits the following claim and information relative to damage to
person and/or property:
a. Name of Claimant: ~' Partmers
b. Address of Claimant: c/o ~thy Schultz, 17592 Ir~i,e Blvd., Suite 104
c. City/Zip Code: Tusti-, CA 92780
d. Telephone Number: (714) 939-2104
e. Date of Birth: -la
f. SocialSecurity Number: ,Y, mployer Ide,t-ification ~33-0769729
g. Driver License Number: -la
Name, telephone, and post office address to which claimant desires notices to be sent (if other
than' above): ~,ick Wa~-~er
CB Co~ercial Real Estate, 2400 E. Katella Ave., ~700, Anaheim, CA 92806
°
This claim is submitted against:
a. ~:: The City of Tustin only.
b. __ The following employee(s) of the City of Tustin. only:
The City of Tustin and the following employee(s) of the City of Tustin only:
Occurrence or event from which the claim arises:
a. Date: December 10, 1997
b. Time:
c. Place (Exact and Specific Location): 17592 Irvine Blvd., Tustin, CA
d. How and under what circumstances did damage or injury occur? Specify the particular
occurrence, event, act or omission you claim caused the injury or damage (use additional
eo
paperif necessary: City owned tree in the si lk fell onto the roof
of the building at 17592 Irvine Blvd. The falmen tree damaged both the
roof and some of the landscaping, as well as ground lights on the property.
What particular action by the City, or its employees, caused the alleged damage or injury?
Improper maintenance.
o
Give a description oftheinjury, propertydamage orloss so far known atthetime ofthis claim.
if there were no injuries, state "no injuries".
The fallen tree d~m~ged both the roof and some of the landscaping,
as well as ground lights on the property.
Give the name(s) of the City employee(s) causing the damage or injury:
7. Name and address of any other person injured:
o
Nameandaddressoftheownerofanydamagedproperty: ~ Partners, c/o ~J. ck War.er
CB Commercial Real Estate, 2400 E. Katella Avenue ~700, .Anaheim, CA 92806
Damages Claimed:
a. Amount claimed as of this date: $485.00
b. Estimated amountoffuturecosts:
c. Total amount claimed: $485.00
d. Attach basis for computation of amounts claimed (include copies of all bills, invoices,
estimates, etc.)
10. Names and addresses of all witnesses, hospitals, doctors, etc.
WARNING:
IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM
(Penal Code Section 72; Insurance Code Section 556.0)
I have read the matters and statements made in the above claim and I know the same to be true of
my own knowledge, except as to those matters stated to be upon information or belief and as to
such matters I believe the Same to be true. I certify under penalty of perjury that the foregoing is true
and correct.
Claimant's Signature:
Executed this '2-
day of ~'~
Date Filed: February 2, 1998
2:CLAIM [7/cj61
LEDESMA
LANDSCAPE
Maintenance Co.
131 lS. EVERGREEN
SANTA ANA, CA 92707
(714) 564-9726
IRVINE LAW BUILDING
Tustin, CA
Date
Invoice no.
Your order no.
12-20-97
Quantity
1
INVOICE
Description
REPLACEMENT OF ALL DAMAGED
PLANTS (shrubs, bushes, flowers)
REPLACEMENT OF OUTSIDE GROUND LIGHTS
ESTIMATE
I Unit Pricej
200.00
100.00
Amount
200.00
100.00
Sub Total
Tax
Total
$300.00
$3OO.OO
ROOF COMPANY
P.O. Box 57, Midway City, CA g2655
License ND. 406'78;
(714) 897-6105
January 27, 1998
INVOICE
W.F.Par=ner~
TuuLin, Ca. 929~0
Refere;~ce:
Mi~c ~OOf
and R ccmpo~itio]% rake ~rim pieces damaged from
Total
$ i~5.00
LAW OFFICES OE
WOODRUFF~ SPRADLIN & SMAR.
A PROFESSIONAL CORPORATION
AGENDA
MEMORANDUM
TO:
FROM:
DATE:
RE:
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
April 1, 1998
Claim of Norma Dipp; Claim No. 98-12
NO. 19
· . 4-6-98
RECOMMENDATION: After investigation and review by the City's claims administrators
and this office, it is recommended that the City Council deny the claim and direct the City
Clerk to send notice thereof to the claimant and to the claimant's attorneys.
DISCUSSION: The claimant alleges approximately $560 damage to her car that occurred
while she was driving on a street that was under construction. There is no evidence of a
dangerous condition of public property. The claimant's claim is being tendered for
evaluation to the City's contractor, who was working at Newport and El Camino at the time
in question.
LOIS E. JEFFREy,/ J/~/ 0
Enclosure
cc: William A. Huston, City Manager
1102-9812
60821_1
"~ CITY OF TUSTIN -
CLx.. AGAINST THE CITY OF STIN
(For Damages to Persons or Personal Property)
The law provides generally that a claim must be filed with the City Clerk of the City of Tustin within.
six (6) months after the incident or event occurred. Be sure your claim is against the City of Tustin,
not another public entity. · Where space is insufficient, please use additional paper and identify
information by paragraph number. Completed claims must be mailed or delivered to the City Clerk,
City of Tustin, 300 Centennial Way, Tustin, California 92780.
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK
To the Honorable Mayor and City Council, City of Tustin, California:
The undersigned respectfully submits the following claim and information relative to damage to
person and/or property:
1. a. Name of Claimant: ~-,/~/) ~) /
b. Address of Claimant:
c. City~ip Code: V~/]'~,
d. Telephone Number: ~2~
e. Date of Birth: ~-/,~ ,~/
f. Social Security Number:
g. Driver License Number:
Name, telephone, and post office address to which claimant desires notices to be sent (if other
than above):
This claim is submitted against:
a. ,J The City of Tustin only.
b. __ The following employee(s) of the City of Tustin only:
Co
The City of Tustin and the following employee(s) of the City of Tustin only:
4%
Occurrence or event from which the claim arises:
a. Date: /
b. Time:.
c. Place (Exact and Specific Location):
d. How and under what circumstances did damage or injury occur? Specify the particular
occurrence, event, act or omission you claim caused the injury or damage (use additional ·
eo
What particular action by theCity, or its employees, caused the alleged, d,amage or injury?
o
o
Give a description of the injury, property damage or loss so far known at the time of this claim.
If there were, no injuries, state "no injuries".
Give the name(s) of the City employee(s) causing the damage or injury:
7. Name and address of any other person injured: '
10.
Name andaddress_oftheownerofanydamaged property:
Damages Claimed:
a. Amount claimed as ofthis date: :~u~-r-~d~)o
b. Estimated amountoffuture costs:
c. Total amount claimed: .3~ 5-Z~9, ~..~b
d.
Attach basis for computation of amounts claimed (include copies of all bills, invoices,
estimates, etc.)
Names and addresses of all witnesses, hospitals, .doctors, etc.
WARNING:
IT IS A CRIMINAL OFFENSE TO FILE A FALSE 'CLAIM
(Penal Code Section 72; Insurance Code Section 556.0)
I have read the matters and statements made in the above claim and I know the same to be true of
my own knowledge, except as to those matters stated to be upon information or belief and as to
such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is true
and correct.
Claimant's Signature:
Executed this //)~'~/~/4~ day of /x/ , 19 ~',~ .
v
Date Filed:
2:CLAIM{7196)
BRAKE AND WHEEL SPEC~^~ ISTS
14271 AMAR ROA[
LA PUENTE, CALIFORNIA _,,46
B.A.R. NO. AK39798R
CITY I.
BALANCE
CORRECT CASTER· CAMBER'TOE-IH
~/HEELS
TOIAL PARTS
TOTAL ~'.,~...C~ ~.~
THIS IS YOUR
INVOICE