HomeMy WebLinkAboutCC 3 CLAIM #81-8 05-18-81DATE:
4/23/81
No. 3
Inter - C om
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: RANDY WELSH; ALC #81-8; FILED W/CITY 4/15/81;
D/L: 10/8/80; CARL WARREN #28308 DC
After investigation and review it is recommended
that the this application for permission to file late claim
be denied and the City Clerk directed to give appropriate
notice to the applicant and to the applicant's attorney.
JGR:se:D:4/22/~l
Enclosure
. :~ .~. 81-1
CITY OF TUSTIN
OFFICE OF THE C!FY CLERK
The attached document was received
Received: Date: April 15
Time: 1:55 o'c|ock
Received By:
X
Number: Claim No- ALC 81-8
$&C No.
,19 81
p
Personal service up~-, ~-hs undersigned
Regular mail
Certified or registered mail
Nary E. W~n
(Print
City Clerk
Position
Copy
- Cart Warren & Co. on
I ttorn~>' on
D-p ........ ~. Eead
Finance Department
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198i
, i981
,1981
,19 81
FO~M A
RECEIPT
April 16, 1981
Carl Warren & Company
1801 Park Court Place
Building E, Suite 208
Santa Ana, California
92701
Attention: L. Schellink
Re: CLAI~.~NT:
CLAI~ NO:
Gentlemen:
Randy Welsh
ALC 81-8
The enclosed Application for Permission to File Late Claim
was presented to this office this date and has been referred
to t?~e appropriate City department for its investigation,
and also to the offices of Rourke & Woodruff, attention of
Ja~es G. Rourke, City Attorney. By this letter you are
au~:~r~zed to c~.ence ~he necessary investigation of this
c!a£:~ on behalf cf ~he City.
We ~cu!d re~-==5 tkat you notify the excess insurance car-
~=-!s) fcr -~= City that you are commencing said investi-
gati~,n, and ~-culd further request that you submit your
pre±z~nznary ~_~ all subsequent reports to the City with a
co?~ ~o ~.he CS. ty Attorney and to the insurance carrier(s)
m~ ~ney so __.~u~st. Pending advice from the City Attorney,
%~e will plan to present this matter to the City Council for
denial at its next regularly scheduled meeting.
Very truly yours,
Mary E. Wynn
City Clerk
Enclosure
c:
City Attorney
Depart/nent Head
Finance Departmen%
City Center 300 Centennial Way Tustin, California 92680 (714) 544-8890
HAROLD LA FLAI'/, M E
April 10, 1981
J. MI~:HAEL HUGHES
City of Tustin
City Center
300 Centennial Way
Tustin, California 92680
Attention: City Clerk
Re: Randy'~¢elsh
Late Claim
To ]~om it May Concern:
Please find enclosed our Application for Permission
to File Late Claim on the above referenced client.
If you have ~ny further questions please direct all
c~:'~penence to th~s office.
JMH:dc
Enclosures
Mailed: Certified Ma~l
Very/~'~t~t ~j ~ 'truly yours, ~~~/~L,~
. ~.i~chael Hughes .~ .
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LAN OFFICES OF HAROLD LAFLAX[iE
by J. NICHAEL HUGHES
2~24 N. 0rand Ave., Suite A
Santa Ana, California 92701
(714) 972-1115
Attorney ~,_r Claimant
In the Hatter of the Application
for Permission to File Late Claim
of:
RANDY %'{ELSH,
Cie~ xsn~, )
V S. )
2.~TM OF TUSTi}! )
)
APPLICATION FOR
PERNISSION TO FILE LATE
CLAIN
~. F.t"il ' ELSH hereby applies to the CITY OF TUST!L~ (Ci.ty)
_ ._ --~'nst said public entity,
-''~ ioa'.-e : i::-~zent a claim
n r.s~:arz -:: Se2v!~n & 911.4 of the California Gcvernment Code.
2. ~'~:~ ....... en~ in question occu_~d on October 8, 1980,
Set ..... "'- - r, ,~ .
· -~:~ ~.:-...~ in the proposed claim attached hereto, a period
~.~]th~n one year from the filing of this application.
3. C!ai-~ * ~.c~r 2~, 1980, through
.... n~ alleges that on Dec~-'~ _
his attorney, J. Hichael Hughes, a letter was written to the
City Clerk of the City of Tustin. Said letter put the City of
Tustin on sufficient notice of the injury in question. Said
letter was within 100 days of the date of the injury. Further,
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" ' ~.~t~ .... s & 9~0
.~a-ld l~.uue, ;,,as c:o~!~ar,,c..e '.-.~h , 910.2 and 9~0
Said letter ~s attached hereto as E>:hffbit ':A".
4. If the City of Tust~n's opinion was that said lette~ was
not in substantial comp!iance .... the Feou~r-ements of Sections.
9!0 and 910.2, then the City should have not~f'ied claimant
hfs attorney of such insufficiency y, ursuant to Section ~ 910.8.
5. Assuming arguendo that the City of Tustin continues
to find noncompliance with the 100 day rule pursuant to Section
~ 911.2, claimant further alleges that said letter written
by his attorney put the City on notice of his claim and it was
~r ..... ;~rt~nce, and mistake that a
tlqrough excusable neglect, '
~.r'oper forum was not filled out.
6 ~ .... ~=~ attached hez~eto ~s claimant's attorney
~ecq_ar-tia~ o~ ~ ~%z+~ that said '=~_vte:~ was Feasonably believed to
be in co~'p!ian2e with the !00 day rule and ~t was through
e. :tusable r.~l-.~ :.r, inadvertane~, and mistake ~'~.,m~ a proper form
7.. i:: Ze:r:.as~v~ 2~, 198~, claimant ,C~led_ a claim against
....... ~ .........
- = ...... ~ ...... ~ ~ro~d=c by ry. The City of Tustin
'c~:i~ n':~ ~: = -:-,e~udiced by accepting this purported late claim.
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2 I~ J. Kichael }iughes declare:
$ I am an attorney duly licensed to practice in all courts
4 of the State of California and am the attcrney of record for
5 RANDY WELSH.
6 This declaration is filed in support of claimant's application
? to present a late claim against the City of Tustin.
$ On October 8, 1980, i ¥~rote a letter to the City of Tustin
~n.o.n.!ng said public entity of representation of claimant and
]0 of the nature of the injury and its occurrance. This letter is
11 attached hereto as Exhibit "A".
· ¥,~z~ten, T believed that said
12 At the tzme the letter was -~'~ _
13 !e-~ter put the City of Tustin cn notice of claimant's claim.
14 I subsec~.= .... ._y received, by .-..ail, a c~a~m for, m from the City
15 cf' rustin. _~,~ forP was conp!eved and returned ~o the C~
~ ,"- '-'~" ' ~ttacnca hereto} and
16 orl s'? ~bou~ FebF:sry 20, l~c_, ~, a copy is ~ ' '
b -'~ C!ty for f~ilure to complywith the hundred
15t' il' :~:ie of :~:v-~:v::r:en~ Code
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-:~-d ''~'"- .... ~ ~ kncwn thaz the City of Tustin was net going
r: no:toP -' :i~ir. _e~ter, ,.'~ ~ertain!y would have acted rote
pr :y,~ly, ~' i ant certain~ t'~,~ be ~-~,)~'~i~'e-~~ ~ ~ ~ that tr,~ failure
.... ~. ~ notify ~e o~ their posit~on ~ha~ no clai~ was
.=~ fo~.m is neglect, inadverbance
~n~ a r~is~ske on my pa~ ~',n~u~' :-:~s and .~s excusable. I ~ also
certain thav :he City was nob 2reju~iced by this seb o~ ~ac~s.
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I declare under pena~lty of perjuz? that tLe fc, regolr.~,
including amt' =~achu.-nts, is vrue and correct. This declaration
is =xecuted zhis 10th day of ic.~] 1981 at Santa Aha, California.
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HAROLD [_z~ F [~-%',~. :~',:'
December 25,-1980
~It? Cente=
~00 Cent~nai~l ~ay
F~, .~.-. ~ ,~lt o .... 92680
~'f'[Z~}l~ion: City glerk
Re: ..... dy Welch
Please be advised that this fi~m has been re~tained
TM ~r. l~ndy W~!sh to represent him regardinK an incident
that oc:r~red on~..c~o~_ ~ ~ ~ 8, 1980.
The 'nJury o?cured at 13238 Red Hill Ave. in Tus~fn
in front of th,..;oily Jug Liquor Store. We feel ihe City of
Tustin failed to r.~niain a sidewalk resultln~ in Mr. Welsh
- ' - resulting in injury to Plaintiff
f~ll~- ~nto a r=s ~e~ hole,
_.,. o_..:_ ..;S neck~ back~
.. , ~..~ ~nees and
:,.7,~!r~ ~ 7hT,,s~c~-~z~ %nd surKeons to examine and
=l=~s~ be ~'~s~ this office of what insurance Compgny
will ~ ..... ~ · r ..... of a claim of thi. s nature.
Your aoooera-ion in this matter will be gr,:atly appreciated.
Ve~q~ truly you. rs, ~
Belinda Hein
Li~i~,ation Assistant
J. Michael Hughes
~/me
EXHIBIT "A"
: '-C ,CLAir'.1 AGAINST Ttq[ ~'TY O;-- -[US FiN
"' {"Fo; D-:rr,~.ges to Per:,~ns 4" rsonal Pro~e;ty)
P, eceived By
J,S. Mail
J;:)ver the Counter
via
Cl~rk'$ Tim~ Stamp
The law providcs generally that a claim must be filed with the City Clerk of th~ City
--f Tustin within 100 days after which the incident or event occurred. Be sure your claim is against the
:ity of Tustin, not another public entity. V/here space is insufficient, please use additional paper and
identify information by paragraph number. Completed claims must be mailed or delivered to the City
· zZ. lerk, The City of Tustin, 300 Centennial Way, Tusti% California 926B0.
-"O THE HONORABLE MAYOR AND CITY COUNCIL~ City of Tustin, California
The undersigned respectfully submits the following claim and information relative to damage to
"-~.rsens ar, d/or personal property:
l. NAME OF CLAIMANT: ,'~/~-~-~'/
'- a. ADDRESS OF CLAIMANT: /~ ~/~ ~ ~,~
b. PHONE NO: ('~'¢) ¢~/-~ 7~ c. DATE OF BIRTH:
d. SOCIAL SECURITY NO: ~'~,~ -
~/~
than above:
and posto,r.__";~= address to which claimant desires notices to be sent, If other
Occurren:~ cr event f;o.,m. '~-hich the c]ai,,'n arises:
a, g :-7~: ~4 ~:'' :'~: b. TIr4E: /¢:b'O~ c. PLACE (~xact and specific
. , . . J~'~ ~/~
d. H:~ ~nd u;,:e; ,-.h~: ::~cumstances d~d damage o~ ~nju~y occur. Specify th. particula~
cs:- :rrcncc, c-'s st, act ~r omission you claim caused thc injury ar damage (use additional
~'lhat particular action by the ~ity, or its employees, caused the alleged damage or
injury?
Civea description oi.._' injury, property d~mage or 1o!,~ a ;ar as
this claim. If there v,'ere no injuries, state "no injuries".
Give the name(s) of the City employee(s) causing the damage or injury: ~
Name and address of any other person injured:
Name and address of the owner of any damaged property:
Damages claimed:
a. Amount claimed as of this date:
b. Estimated amount of future costs:
c. TotE! amount claimed:
d. Basis fo? computation of amounts claimed (include copies of alt bills, invoices, estimates,
etc.):
N~mes
a.
b.
C.
d.
addresses of all witness, hospitals, doc[ors, etc.
10. Any adf:';nsl infc:-;-a-':--=.~,, lh~zt might be helpful in considering this claim:
~: :~ A .~_ OFFENSE TOFfLE A FALSE CLAIM! FPenal Code Section 72;
~,~; ~ra.~ce Cc.:: S~ction 556.0)
I haFe read the rz, atters 'z.:.d statemc, nts made in the above claim and I kno;v the same to be true of my
.... own knowledge, except, as to those matters stated to be upDn information or belief as to such matters I
believe the same Lo be true. I certify under penalty of perjury that the foregoing is 'l-RUE and
CORRECT.
Executed this ~O '~day of ~. · ,19 ~/ , at /~ ~ ,California.
'flee of the City Clerk,
,dstin, California
. CLAIM NO.
Claimant's signature
DATE FILED:
3GR:se:O:2/~/80
f/Claim Form O:ll
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