HomeMy WebLinkAbout06 CLAIM #06-34 04-03-07
AGENDA REPORT
Agenda Item
Reviewed:
City Manager
Finance Director
6
MEETING DATE:
APRil 3, 2007
FROM:
WilliAM A. HUSTON, CITY MANAGER
RONALD A. NAULT, FINANCE DIRECTOR
CONSIDERATION OF CLAIM OF NUBIA B. JARAMillO, CLAIM NO. 06-34
TO:
SUBJECT:
SUMMARY:
The Claimant reported that while her son was out driving her lexus sedan without permission, the
car was damaged when it was struck by a Tustin Police vehicle. She stated it would cost one
thousand dollars to fix her car.
RECOMMENDATION:
That the City Council deny Claim Number 06-34, Nubia B. Jaramillo, and direct Staff to send
notice thereof to the Claimant.
FISCAL IMPACT:
None.
DISCUSSION:
Investigation by the City's Claims Administrator confirmed that Tustin Police Officers did conduct a
traffic stop on the Claimant's vehicle while her son was in it. The incident/accident report stated
the Officer who was driving the police car may not have come to a complete stop before getting
out - and the police car's . forward motion carried it into the rear of the Claimant's vehicle. As it
was determined that the Police Officer was at fault for the collision, a letter was sent to the
Claimant requesting she submit an estimate to repair her vehicle or have her insurance carrier
advise the City of the amount of the damages. Two follow up letters were sent in January and
February, and the Claimant still has not provided the documentation necessary to support her
damage claim. It is not possible to settle the matter without her response, therefore, Staff
recommends denial at this time.
ATTACHMENT: Copy of Claim No. 06-34
Consideration Of Claim Of Nubia Jaramillo. doc
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages to Person or Personal Property)
Received Via:
o U.S. Mail
,D Inter-Office Mail
"~"Q..~~r the Counter
Time Stamp:
Claim No: Oh:-~ f .
PLEASE NOTE:
A. Read entire claim before filing.
8. Be sure your claim is against the City of Tustin, not another public entity.
C. Claims for death, injury to person or to personal property must be filed no later than 6 months after the occurrence
(Government Code 9 911.2).
D. Claims for damages to real property must be filed no later than one year after the occurrence (Government Code S 911.2).
E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered.
F. A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person
acting on his/her behalf and shall provide the information shown below and must be signed by the claimant or a person on
his behalf (Government Code S 910.2).
G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private
attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims.
H. Completed claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin,
California 92780.
1.
Name and Post Office address of the Claimant: (U;..AI:L -t.
Name of Claimant: 'N~ "6?, ~"A.a~L~-{) t- 06 - ~ z. 91
Home Address: "
Home Telephone: ~
Work Telephone:
2. Post Office address to which the person presenting the claim desires notices to be sent:
(If different from above)
Name of Addressee:
Post Office Address: ~
~~
3. The date, place and other circumstances of the occurrence or transaction from which the claim arises.
Date of Occurrence: I 0 -3 \ - 0 (?
Location:
Circumstances giving rise to this claim: J:. Olyt) "'i..A \:),U ~. 'do.,~ 'ft\"l~)" ~
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Time of Occurrence:
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4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know.
d~"Yn.O~. ~ ~ ~. -, 0 ~ l ~ <>>.N 'tA.}"'\ \\ <-0':> t ~
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5. The name or names of the public employee or employees causing the injury, damage, or loss, if known.
A,zQ\'<.- ~ 10<:1'2. ~ 7us\1 Y1 ~J O.
6. If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand
dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury,
damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of
the amount claimed (include copies of all bills, invoices, estimates, etc.)
Amount Claimed and basis for computation: t..C)C>C) ,ere"
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not
provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case.
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP 9
86.)
~ Limited Civil Case
D Unlimited Civil Case
You are required to provide the information requested above in order to comply with Government Code
~91 O. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the
Cit of Tustin re uests th"at ou answer the followin uestions.
7.~\,~ N~me, address and telephone number of any witnesses to the occurrence or transaction from which the claim
,- arises:
8. ).n.1f the claim involves medical treatment for a claimed injury, please provide the name, address and telephone
~l T\.number of any doctors or hospitals providing treatment:
If applicable, please attach any medical bills or reports or similar documents supporting your claim.
9. If the claim relates to an automobile accident:
Telephone: (bZ6 ?'~9 4w 1>() ~ U
~4-q
Insurance Policy No.:
Insurance Broker/Agent:
Address:
Telephone:
Claimant's Veh. Lic. No:~" ODVehicle MakelYear: LI'<...~\.ls. ZC)O \
Claimant's Drivers LiCe No.: ~ (; Expiration: " '- ~ -=3 - D(~
If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
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READ CAREFULLY
For all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
accident by "X" and by showing house numbers or distances to
street corners. If City/Agency Vehicle was involved, designate by
letter "A" location of City/Agency Vehicle when you first saw it,
and by "B" location of yourself or your vehicle when you first saw
City/Agency Vehicle; location of City/Agency vehicle at time of
accident by "A-1" and location of yourself or your vehicle at the
time of the accident by "B-1" and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a
proper diagram signed by claimant.
SID EW ALK
CURB --!l'
CURB ~
PARKWAY
SID EW ALK
Warning: Presentation of a false claim is a felony (Penal Code 972). Pursuant to CCP 91038, the City/Agency may seek
to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good
faith and with reasonable cause.
Signature: ~ ~ €,)
Date: ,\ - a ~ - O~
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