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HomeMy WebLinkAbout15 CLAIM OF ERIC HSUEH 06-05-07Agenda Item 15 --~ + Reviewed: ~~"~ - City Manager ... ,. ~ , .~- t ; ~~ ~ ~ ~ ~ Finance Director \, y~ *.~ MEETING DATE: JUNE 5, 2007 T0: vVILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: CONSIDERATION OF CLAIM OF ERIC HSUEH, CLAIM N0.07-14 SUMMARY: The Claimant reported he was driving from Jamboree Road onto Irvine Boulevard and encountered "about a 7" difference in road height with a sharp ramp up" where no signs or forewarning had been posted. He stated the damage to his vehicle's two front wheels is not repairable and the cost to replace them will be $3,184.75. RECOMMENDATION: That the City Council deny Claim Number 07-14, Eric Hsueh, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: The City's Claims Administrator has found no fault on the part of the City of Tustin for the damage to the Claimant's vehicle. The City contracted with All American Asphalt for the rehabilitation work on Irvine Blvd. at the location where the incident occurred. Staff is recommending denial of this Claim and it has been tendered to All American Asphalt for handling. Ronald A. Nault Finance Director ATTACHMENT: Copy of Claim No. 07-14 Consideration OfClaim OfEricHsueh. doc ~ ~ CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) CITY OF TUSTIN Re eived Via: Time Stamp: ~U.S. Mail ^ Inter-Office Mail 0 ~ f G' 1001 MAY 2 I A ~ ^ Over the Counter Claim Na t~ ~7 -l PLEASE NOTE. A. Read entire claim before filing. B. Be sure your claim is against the City of=tin, 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 § 911.2). D. Claims for damages to real property must be filed no later than ane year after the occurrence (Government Code § 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 § 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 9?780. 1. Name and Post Office address of the Claimant: Name of Claimant: Eric Hsueh 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: Telephone: Post Office Address: 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: April 25 , 2007 Time of Occurrence: 9PM Location: Irvine Blvd . heading southbound meeting with Jamboree Circumstances giving rise to this claim: See Attached 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. See Attached 31 Page 1 of 4 ~ ~ 5. 6. The name or names of the public employee or employees causing the injury, damage, or loss, if known. N/A 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: See Attached 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 § 86.) Q Limited Civil Case ^ Unlimited Civil Case You are required to provide the information requested above in order to comply with Government Code §910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the City of Tustin requests that you answer the following questions. 7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: 8. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: N/A If applicable, please attach any medical bills or reports or similar documents supporting your claim. 9. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: .Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 4 ~ ~ 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 CitylAgency Vehicle was involved, designate by letter "A" location of CitylAgency Vehicle when you first saw it, and. by "B" location of yourself or your vehicle when you first saw City/Agency Vehicle; location of CitylAgency 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. CURB SIDEWALK ~~vi'hC ~lud, PARKWAY SIDEWALK ~~ y 0 ~o CURB ~, Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, 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: S ' ~y' d 7 Page 3 of 4 .ERIC HSUEH~ 1208 TERRA BELLA • IRVINE, CA 92602 TELEPHONE (714) 812.2145 ~' FAX (626) 2826588 ERICHSUEHC COX.NET May 14, 2007 City of Tustin City Clerk's Office 300 Centernnial Way Tustin, CA 92780 RE: Wheel Damage Claim To Whom It May Concern: On A ril 25~` at a roximately 9PM I was leaving Boston Market located at 1312 Jamboree, Tustin 92782. I p pp made a right turn heading northbound on Irvine Blvd, traveling at approximately 35mph (I had just turned out of a driveway), I was crossing Jamboree Blvd. and heard a loud clunk. This was the sound of my 20" BBS LEMANS wheels being destroyed from the newly paved Irvine Blvd. The wheels were on my 2007 Mercedes CLS500. This is a $90,000 car, and the wheels that are on it are a reflection of the car. The pavement from Irvine Blvd meeting Jamboree, there was about a 7" difference inroad height with a sharp ramp up. There were no signs signaling to slow down and no constructions signs that would have forewarned me. I also visited the City of Tustin Public Works department (http://www.tustinca.org/citXdept/PubWorks/#streets) the same ni ht of the incident, and there was no scheduled maintenance posted. g The front two wheels have been damaged by the street, and are considered un-repairable due to the structural integrity of the wheel being jeopardized. This car's suspension is not modified, and is at the same factory height. The correct factory fire pressures were properly maintained for this vehicle. The car was serviced a week prior to the incident at Mercedes Benz of Laguna Niguel. The wheels are currently off the car and the tires have been removed to examine the extent of damage the pavement has caused. Two independent local wheel repair shops have advised me to not drive on the wheels, and to replace them immediately. It has been determined that the front (2) wheels are un-repairable and need to be replaced. The rears have not been damaged. Since then, I have put my original Mercedes wheels on and will continue to drive on them until my new front (2) BBS Lemans wheels arrive. The front (2) BBS Lemans wheels were ordered through the same com an that I originally purchased it from. I ,have attached an original invoice of the wheels and a p y current invoice for the (2) that are on order. Should ou have any questions, please contact me at Thank you for your timeliness for resolution in Y this matter. Regards, ~ / ~ Eric Hsueh .:..: ~~ .'. ~~.... ., y.`y,.~..~,s,~..,, ,.,;., j 4 ~, r. 1025-B Ortega Vlfay 714-632-1951 TEL Placentia, CA 92870 .714-632-9249 FAX Ncw ~rdtr ~ N/3o/ 07 SHIP T0: Eric Hsueh INVOICE DATE INVOICE # 4/30/2007 22774 CUSTOMER INFOIBILL T0: Eric Hsueh P.O. NUMBER TERMS SALES REP SNIP SHIP VIA F.O.B. PACKED BY Verbal Due on receipt EN 4f330/2007 ~ Federal Express Ca QTY ITEM NUMBER DESCRIPTION PRICE EACH AMOUNT 2 BBS LM 20 x 8.5 1,440.00 2,880.OOT 2 Dismount Dismount ~ 10.00 20.OOT 2 MountinglBalanc... Mounting and Balancing 30.00 60.00 Sales Tax ~ 7.75% 224.75 rVl,d t/4 ~~ Thank ou for our business. ~ Y Y TQTa, $3,184.7 Note: I have read, understand, and agree to the following conditions of sale. All parts remain property of Supreme Power Parts until paid for in full. All engine modification parts, except those that tine exempt, are for use on rating vehides only, which may never be used on public roads in the USA. Electrical parts are non refundable. No refund, canoehation, or exchanges on spatial order items. No refund or exchanges after 7 days of receipt of merchandise. No returns a refunds without an invoke. 25% handling fee will be charged on aq AUTHORIZED returned .merchandise. ,mot .4~•\' • ~.. ,''~ ` n+ :R'• i• 1025-6 Ortega Way 714-632-1951 TEL Placentia, CA 92870 714-632-9249 FAX SHIP TO:. Eric Hsueh p r~~i /~~t 1 0~~ INVOICE DATE INVOICE # 3/22/2006 22308 CUSTOMER INFOIBILL T0: Eric Hsueh ~~~~ P.O. NUMBER TERMS SALES REP SHIP SHlP VIA F.O.B. PACKED BY Verbs! ~ Due on receipt EN ~ ~ ~ f Federal Express Ca QTY ITEM NUMBER DESCRIPTION PRICE EACH AMOUNT 2 BBS LM 20 x 8.5 1,440.00 2,880.OOT 2 BBS LM 20 x 10.5 ~ ~ ~ 1,550.00 3,100.OOT ~ 2 Continental Conti Sportcontact 2 255130/20 348.00 fi96.00T 2 Continental Conti Sportcontact 2 305/25/20 421.00 842.OOT 4~ MountinglBalanc... Mounting and Balancing ~ 30.00 120.00 .. Sales Tax ~ 7.75% _ 582.65 . Thank ou for our business. ~ Y Y TaTA-L: ~ $8,220.65 ' Note: I ,have read, understand, and agree to the fdlowing conditions of sale. All pacts remain pcnperty of Supreme Pourer Parts un~ paid for in full. All engine modification parts, except those that are exempt, are for use on rating vehides only, which may never be used on pubic roads in the USA. Electrical parts are non refundable. No refund, canoeNation, or exchanges on spatial order items. No refiuf~ a exd after 7 days of reoe~t of merchandise. No returns a refunds wi~out an a~roice. 25°b handing fee wc~ be charged on aq AUTHORISED returned merchandse. .