HomeMy WebLinkAbout03 CLAIM, L. WOLFGRAMM 03-15-04
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AGENDA REPORT
Agenda Item
Reviewed: rf
City Manager
Finance Director
3
MEETING DATE:
MARCH 15, 2004
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
SUBJECT:
CITY ATTORNEY
CONSIDERATION OF CLAIM OF LAVENITA WOLFGRAMM; CLAIM NO. 03-19
SUMMARY:
Claimant alleges that a City owned pine tree fell onto her parked, unoccupied vehicle.
She is claiming property damage in excess of $13,000 to her 2000 Ford Windstar,
which has been declared to be a "total loss", The claimant alleges that the City failed to
maintain the tree and that "foreseeable and predictable strong winds caused the pine
trees to collapse", This incident occurred on January 6, 2003, when hurricane strength
winds struck Orange County knocking over oil derrics, power poles and even tossed a
vehicle over four lanes. The pine trees in question were on a regular cycle of
maintenance for the trees. The damage that occurred was unpredictable and in the
nature of an act of God. Accordingly, in our opinion there is no City liability.
RECOMMENDATION:
After investigation and review by this office and the City's Claims Administrator, it is
recommended that the City Council deny the claim and direct the City Clerk to send
notice thereof to the claimant and the claimant's attorneys.
ATTACHMENT:
Copy of the Claim
~'2.
LOIS E. JEFFRE
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Enclosure
cc: William A. Huston, City Manager
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) CITY OF TUSTIN )
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages. to Persons or Personal Property)
The law provides generally that a claim must be filed with the City Clerk. of the City of Tustin :tlÌ1b.ÌJl
six 18) months after the Incid(mt or event occurred. Be sure your claim is against the City of Tu$tin,
not another public entity. Where space is insufficient, please u~e 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:
"Tmr1Jridlfrsigned-røspe'ctfuUysubmits the following claim and info~matlon-rela.tl\1'.e ,to damage to ,
person and/or property:' "
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1.
a. Name of Claimant:
b. Address of Claimant:
c. CitylZip Code:
d. Telephone Number:
e. Date of Birth:
f. Social Security Number: -
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2.
3.
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The City of Tustin and the following employee(s) of the City of Tustin only:
4.
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5.
6.
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7.
8.
9.
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Name and address of any other person injured:
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Name and address of the ownerofanydamaged property: ~l'V\e as ~\l~") ,
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Damages Claimed:
8. Amount claimed as of this date: '
b. EsUmated ':mou~ of futu'. E"~~ 0 () (' ~ ~ .....~~
c. Total amount claimed: ~ \ 0 () (,. V'\....A '
d. Attach basis for computatIon of amounts claimed (include copies of all bils, Invoices,
. eStImates, etc.)
10.
Names and addresses of all witnesses, hospitals, doctors, etc.
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WARNING:
IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM
(Penal Code Section 72: Insurance Code Section 556.01
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 8S 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
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day of
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Date Filed:
{J~ ,06,03
2:CI.AM 17/1181
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11TY OF TUSTIN
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CLAJM AGAJNST THE CITY Of TUSTIN
ATTACHMENT TO FORM
Claimant Lavenita Wolfgramm
Paragraph 9 (a-<1):
As refened to on '*5, personnel at Ford Company, has declared that the vehicle is a "Total
Loss" and cannot be repaired. Hpwevcr, at this point, Ford has not completed their
company procedure and 1 have not been given an accurate computation of the exact
amount for which I am liable, However, at the time of signing the lease contract with
Ford, on 2/2212001. the vehicle was valued at 518.241.00. I initially put down 52000.00
and made monthly lease payments of $400.00. In light of that, 1 am roughly estimating
the number to be at about $13,000.00, with aU other charges included,
In addition, the priDWY reason I have wajted on completing this claim Conn is precisely
because I have not received the final amount ofloss from Ford Company. As soon as
that information becomes available, I wilt immedíately forward it to the City ofTustin
Clerk's office.
..Enclosed also are pictures of the vehicle, taken at the scene.
J\J'I-Ø9- æ03
16:17
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TOTAL P.Ø6
, JUN-09-2Ø03 16: 16
VTY CF TUSTIN
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CITY OF TUSTIN
RECEIPT OF CLAIM
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Receipt of Claim/Summons and Complaint by the City Clerk's Office:
Date: ~ -:rv~ q ::J 00'3
3:Wp- NL
Time:
By:
~ Personal Service Upon the Undersigned
Regular Mail
Certified/Registered Mall
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City Clerk's Office'
, JUÑ-09-2ØØ3 16:16
llTY OF TUSTIN
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CITY OF TUSTIN
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FAX TRANSMITTAL
DATE:
June 9, 2003
Cynthia Quiroz" Woodruff, Spradlin. Smart
TO:
FAX NO: (71.4) 835..7787
FROM: Marcia Brown, Administrative Secretary
FAX: (714) 832-6382 Phone: (714) 573-3026
Number of Pages (including this form):lL
, Attached is a Claim that was received in our office today.
Thank you.