The URL can be used to link to this page

Home My WebLink About05 CLAIM JOSE OJEDA 12-06-04 AGENDA REPORT Agenda Item ~ Reviewed: L City Manager Finance Director MEETING DATE: DECEMBER 6, 2004 FROM: WilLIAM A. HUSTON, CITY MANAGER RONALD A. NAULT, FINANCE DIRECTOR TO: SUBJECT: CONSIDERATION OF CLAIM OF JOSE LUIS OJEDA, CLAIM NO. 04-19 SUMMARY: Claimant alleges that a branch fell from a City owned tree damaging Mr. Ojeda's 1991 Toyota Previa. Mr. Ojeda is claiming negligence on the part of the City for not properly maintaining the tree. The City denies this claim based on maintenance records that confirm that the tree has been properly maintained. RECOMMENDATION: After investigation and review by City Staff 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. ATTACHMENT: ~Jf Finance Director U : IN au II( RAN)I Co nsl d e rallo nOlC I al mar JoseLu IsO jedaSlaffRe port. d DC Office of the City Clerk July 19, 2004 City of Tustin Alex Barrios Ward North America, Inc. P.O. Box 2422 Tustin, CA 92781-2422 300 Centennial Way Tustin, CA 92780 714.573.3026 FAX 714.832.0825 Re: Transmittal of Document(s) Claimant: Jose Luis Ojeda City Claim No: 04-19 Filed With City: 7/19/04 -L Receipt of Claim/Summons/Complaint By: In Person The enclosed records were presented to this office as indicated above and have been referred to the appropriate City department for investigation and also to the offices of Woodruff, Spradlin and Smart, Attn: Lois E. Jeffrey, City Attorney. By this letter, you are authorized to commence the necessary investigation of this claim on behalf of the City. We request that you give such notices as may be appropriate to the City's insurance carrier(s) and further request that you submit your preliminary and all subsequent reports to the City, with a copy to the City Attorney and to the insurance carrier(s) if they so request. Upon receipt of advice from the City Attorney, we will plan to present this matter to the City Council and/or take such other steps as are directed by the City Attorney. A copy of this letter and enclosures were sent on July 19, 2004 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. Sincerely, mOth w:~ Marcia Brown City Clerk's Office Enclosures: (as above) C: City Attorney Department Finance Department (orig copies) CITY OF TUSTIN ~~~:iL;, OJ?/~/"", ", ZO~~~~t~~ A 8: 38 0 Over the Counter \:I ¡~r Il, Claim No: A claim must be presented, as prescribed by the Government Code o;the ~:a'iLalifornia, by the claimant or a person acting on his/her behalf and shall provide the information shown below. Be sure your claim is against the Citv of Tustin, not another public entity, Completed claims must be presented to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin, California 92780. CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. 1. Name and Post Office address of the Claimant: Name of Claimant: ~ \ ~ ~~ Post Office Address: . ' . ~~ -- 2, Post Office address to which the person presenting the claim desires notices to be sent: Name of Addressee: .jb:-.. Post Office Address: ;+ -- "'\:': 3. The date, place and other circumstances of the occurrence or transaction from which the claim arises, 1..1/\6-, ".. 4. --\6'\1~ . ~ 4t1';e-v--\.-" "",b. v ,,-\ ,""C', ---"<-1\ \'(\.\",,-, ~ -~-; "> ~'-: ~~t ~'~'I' General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know, ~~I>~C'-~\('\.~~'>-- ~-(~ \-<.~~í ,,~~\C'B-'(;:'\ 6('V\A(ì.,r.r c< ()-:. e: 0{ ~L'~ c'\n\v"<\~ """",",,-- ~ ....."'\~ ~rr -<" 'h(.\~.~ 5, The name or name, s of the PUbl,iC employee or employees caus, ing the injury, dama,ge, or loss, if known. .d ~~ ~~~(c.JL"-: -n" )Q~o.\'\t\'\ \-\"')0,-,\ ða,-"",-c..~ . Page 1 of 3 6, If amount claimed totals iess 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 potentlai 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: IIi\\. -\6\" \ \_l~c"--",, '\ c;... ov\c,.." "" ~ , ~ ?J?-¡ 65 -\<.') ~"' ( ~\ Ý ,~\ò \l{ '¥\ ì (\ \-r- I ....~--~.._----_.. 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, exciusive 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,) 0 Limited Civii Case 0 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 Cit of XX re uests that ou answer the followin uestions. 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 teiephone number of any doctors or hospitals providing treatment: -+"'~ I¡\r-, ',\\."n\£, """"'::.C.,s, '\\c;y__lu ",,--\-..,((r, 3::: --. - .. ~ .:cL'I-\ ' \~..... v 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,: Address: Telephone: Insurance Policy No.: Insurance Broker/Agent: Address: Telephone: Claimant's Veh. Lic, No,: Claimant's Drivers Lic. No.: Vehicle MakelYear:' Expiration: "q¡" If applicable, please attach any repair bills, estimates or similar documents supporting your claim, Page2of3 READ CAREFULLY For all accident claims, place on following diagram name of streets, including North, Easl, South, and West; indicate place of accident by "X" and by showing house numbers or dislances 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 "6" iocation of yourself or your vehicle when you first saw Cily/Agency Vehicle; location of City/Agency vehicle at time of accident by "A-1" and location of yourself or your vehicie at the lime 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. -i(lf! CURB---!t- SIDEWALK I~ L ~" c'.'ð -.i' 7 ,,/ / / ¿jif ~) C'-~Q ,,--c'J-~ ~~,' PARKWAY SIDEWALK ñf ~ (! -(ìC"1 r+ ~ DL\ - 55(p((J Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1 038, 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 I !V~ I ðl\ /1 Revised 11-18-03 Page 3 of 3 BAR#146574 Damage Assessed By: JOHN BARNA Owner cash Deductible: UNKNOWN Description: 1991 Toyota Previa Body Style: Van 112" WB Line Entry Labor Rem Number Type 1 722460 BDY 2 AUTO REF 3 724280 BDY 4 AUTO REF 5 724350 BDY 5 724360 BDY 7 700179 BDY 8 AUTO REF 9 AUTO REF 10 933003 REF 11 AUTO REF 12 933018 REF 13 AUTO 14 AUTO Operation REPAIR REFINISH REMOVE/REPLACE REFINISH REMOVE/REPLACE REMOVEIREPLACE REPAIR REFINISH ADD'L OPR ADD'L OPR ADD'L OPR ADD'L OPR ADD'LCOST ADD'L COST Date: 7/16/200408:28 AM EstimatelD: 4741 Estimate Version: 0 Preliminary Profile ID: SF '\ // , I \ CALIFORNIA CLASSICS PAINT & B°o/ 1650 E. EDINGER AVE SANTA ANA, ï/92705 tI' V "~~7 1 vP 7 . Mitchell Service: 91774 rive Train: 2.2L Inj 4 Cyl2WD Line Item Description SIDE DOOR SHELL R SIDE DOOR OUTSIDE ROOF PANEL ROOF PANEL CTR ROOF REINFORCEMENT BOW cm ROOF REINFORCEMENT BOW L QUARTER BODY SIDE PANEL L BODY SIDE PANEL OUTSIDE CLEAR COAT TINT COLOR COLOR SAND & BUFF MASK FOR OVERSPRAY PAINT/MATERIALS HAZARDOUS WASTE DISPOSAL Part Typel Part Number Existing 63111-28051 63142-95000 63143-95000 Existing . .. Judgement Item # .. Labor Note Applies C - Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 7/1612004 08:28:08 4741 Ultra Mate is a Trademark of Mitchell International Mitchell Data Version: JUL_04_A Copyright (C) 1994 - 2003 Mitchell International UltraMate Version: 5.0.024 All Rights Reserved " Dollar Amount Labor Units -- 8.0" C 2.5 809.76 22.0 # C 3.8 38.93 1.5 # 36.04 1.5 # 8.0"# C 3.3 2.4 0.5" 3.0 0.5" 300.00 " 5.00 " P_10f2 Date: 7116/2004 08:28 AM Estimate 10: 4741 Estimate Version: 0 Preliminary Profile 10: SF I. Labor Subtotals Body Refinish Units 41.0 16.0 Rate 36.00 36.00 Add'i Labor Amount 0.00 0.00 Sublet Amount 0.00 0.00 Totals 1,476.00 576.00 II. Part Replacement Summary Taxable Parts SalesTax @ 7.750% Amount 884.73 68.57 Non-Taxable Labor 2,052.00 Total Replacement Parts Amount 953.30 Labor Summary 57.0 2,052.00 III. Additional Costs Taxable Costs Sales Tax @ 7.750% Amount 300.00 23.25 IV. Adjustments Customer Responsibility Amount 0.00 Non-Taxable Costs 5.00 Total Additional Costs 328.25 I. II. III. Total Labor: Total Replacement Parts: Total Additional Costs: Gross Total: 2,052.00 953.30 328.25 3,333.55 IV. Total Adjustments: Net Total: This is a preliminary estimate, Additional chanQes to the estimate mav be required for the actual repair. ESTIMATE RECALL NUMBER: 7/16/200408:28:08 4741 UliraMate is a Trademark of Mitchellintemational Mitchell Data Version: JUL 04 A Copyright (C) 1994 - 2003 Mitchellintemational UliraMate Version: 5.0.Õ24 - All Rights Reserved Page 2 of 2 c.f-.,J òy- tiS'h~ =--¡¿J ~ t.L) ¿__:2iL.J.£. '1 Police {)"/,,,,'men' ? /L.> ~ ~ wi ÆG. ¿'" =CITY OF TUSTIN= 100 CCnlE'fJnia/ Way, n,S!"'- (:4 '12780 Records- 7I41S7!,3200 . F,!\' 714/7308027 Ph/IiIlCh