HomeMy WebLinkAbout05 CLAIM OF J FIX 01-03-05
AGENDA REPORT
Agenda Item
Revrewed By
City Manager
Finance Director
MEETING DATE: JANUARY 3, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: CLAIM OF JONATHAN FIX, 04-31
DISCUSSION:
This claim involves an Application for Permission to Present a Late Claim (Government
Code Section 911.4). The claimant was injured on or about March 3, 2004, but he
didn't present his claim to the City until December 6, 2004. The time for presentation of
a claim expired on or about September 3, 2004. While an attorney's neglect, if it is
excusable, is considered a valid justification for failure to file a timely claim, there is no
evidence here that the claimant made a diligent effort to obtain legal counsel to pursue
an action against the City, nor is there any evidence that the attorney that he did retain
acted with excusable neglect in this matter.
RECOMMENDATION:
After investigation and review by this office and by the City's Claims Administrator, it is
recommended that the City Council deny the application and direct the City Clerk to
send notice thereof to the claimant and the claimant's attorneys.
ATTACHMENT:
Copy of Claim
LOIS E. JEFFREY
LEJ/blw
cc: William A. Huston, City Manager
195'64.1
December 21, 2004
ulru- 'U"'IN
""",
714 832 6382
P.0S
t,
~~ =-w~ u'.L(
""'
Steven Hilst, Esq. #] 33465
STEINBERG & SPENCER
2 3250 Ocean Park Boulevard, Suite 170
Santa Monica, California 90405
3 (310) 450-5960
4 Attorneys for Claimant
JONATHAN FIX
5
6
7
8
9
]0
In the Malter of the Claim of
]]
]2
JONATHAN FIX,
APPLICATION FOR PERMISSION TO
PRESENT A LATE CLAIM
[ Gov. C. §911.4
against
CITY OF TUSTIN
13
14
]5
16
TO THE CITY OF TUSTIN:
17 Application is hereby made on behalf of claimant to present the attached claim against the
18 City ofTustin aft er the expiration of the time provided in Govt Code §911.4.
19
(I) As stated in the attached claim Claimant's cause of action accrued on or about March
20 3, 2004 when claimant Jonathan Fix was injured as an Emergency Medícai Technician with
21
Doctors Ambulance. While Mr. Fix was at the scene of an automobile accident and was
22 attempting to treat a victim of an automobile accident inside of a motor velùcle, a Tustin police
23 officer went inside of a vehicle in front of the vehicle Claimant was assisting and started to push
24 that car causing the vehicle Mr. Fix was in to move crushing him.
25
26
(2) The time for the presentation of the claim expired on or about September 3, 2004.
(3) The reason for failure to present such a claim within the time provided by Govt Code
27 § 911.4 is as follows:
28 (a) Mr. Fix was originally represented by attorney Fred Fleming in a workers
]
APPLICATION FOR PERMISSION TO PRESENT A LATE CLAIM
[ Gov. C. §911.4
. .
1.)1:"-""'-"""'" 11' .L(
".
\.lIT UC 'Lbll"
fl" OJ'' 0.)C
¿
"'."0
"
compensation case involving the same accident. However, Mr. Fleming did not advise Mr. Fix
2 that he had the tight to bring a claim against the City of Tustin Wltil after the time to timely file a
3
claim. Mr. Fix did not know that he had the right to bring a claim aaainst the City ofTwtin, or
4 of the necessity of making a claim within six months of March 3, 2004,
5 (b) Mr. Fix recently retained Steinberg and Spencer to bring a civil action, and to file
6 any governmental claims, arising out of his accident on March 3, 2004,
7
(c) Steinberg and Spencer has investigated this matter to determine the correct
8 governmental entities, including requesting a copy of the file from Mr. Flemings office, and
9 requesting a copy ofthe police report. Mr. Fix's file was obtained on or about November 17,
10 2004, however, a copy of the police report can not be obtained.
II (4) The City of Tustin will not suffer from prc>judice from the delay, inadvertence, of
12 excusable neglect on the part of Claimant of his counsel.
13
I certify under penalty of peIjury that the forgoing in true and correct WIder the laws of
14 the State of California.
15
]6 DATED: November 30, 2004
17
18
19
BY:
S V NHILST
Attorneys for Claimant
JONATHAN FIX
20
21
22
23
24
25
26
27
28
2
APPLICATION FOR PERMISSION TO PRESENT A LATE CLAIM
[Gov. C. §911.4
_.,,~. ,~~,."
- --- _n-
"
-~ ~~ -~-~ H' ¿~
"\
2
3
4
5
6
""
PROOF OF SERVICE
7 I am an employee in the County of Los Angeles, State of California. IIlIJI over the age of
J 8 and not a party to the within action; my business address is 3250 Ocean Park Blvd" Suite J 70,
8 Santa Monica, California 90405.
9 On December I, 2004 I served the foregoing document described as APPLICATION
FOR PERMISSION TO PRESENT A LATE CLAIM Gov. C. §911.4 on interested parties in
10 this action by placing the originai thereof in a sealed envelope addressed as follows:
II
]2
13
14
.lL
15
16
17
18
.lL
19
20
21
22
23
24
25
26
27
28
--- -- _h.
City Clerk's Office
City of Tustin
300 Centennial Way
Tustin, California 92780
(BY MAIL) I am "readily familiar" with the firm's practice of collection and processing
colTespondence for mailing. Under that practice it would be deposited with the United
States Postal Service on that same day WIth postage thereon fully prepaid at Santa
Monica, California, in the ordi~ course of business, I am aware that on motion of the
party served, service is presumed Invalid if postal cancellation Of postage meter date is
more than one day after date of deposit for mailing in affidavit.
(STATE) I declare under penalty ofpeIjwy under the laws of the State ofCBlifomia that
the above is true and correct.
Executed December I, 2004, at Santa Monica, California.
~
3
CLAIM FOR DAMAGES AGAINST GOYERN1\fENTAI. ENTITY
(Gov. C. 1910]
-.-.. -- -"--,,,
~."~, ,~~, '"
,.~ w- ~-~~
~-~w~-~ ....-
--- -- ---
"",
...
I Steven Hllst, Esq. #133465
STEINBERG 8r. SPENCER
2 3250 Ocean Park Boulevard, Suite 170
Santa Monica, California 90405
3 (310) 450-5960
4 Attome}'s for Claimant
10NATHAN FIX
5
6
7
8
9
10 In the Malter of the Claim of
11 JONATHAN FIX,
CLAIM FOR DAMAGES AGAINST
GOVERNMENTAL ENTITY
[Gov. C. §9]O]
12
against
13 CITY OF ruSTIN.
14
]5
16
17
18
TO THE CITY OF TUSTIN:
19
I.
You, and each of you, are hereby notified that JONATHAN f1X, whose
20 address is claims damages ftom the CITY
21 OF TUSTIN.
22
2.
This claim is based upon the injuries suffered by JONATHAN FIX
23 on or about March 3, 2004 when claimant was injured as an Emergency Medical Technician with
24 Doctors Ambulance. While Mr. Fix was at the scene of an automobile accident and was
25 attempting to treat a victim of án automobile accident inside of a motor vehicle, a Tustin police
26 officer went inside of a velùcle in Û'ont of the vehicle Claimant was assisting and started to push
27 that car causing the vehicle Mr. Pix was in to move, crushing Iùm.
28
3.
Claimant, JONATHAN FIX, suffered herniated discs in bis neck, lower back and
1
CLAIM FOR DAMAGES AGAINST GOVERNMENTAL ENTITY
[Cov. C. §91D
--- -- -. .--...
. --- __h
--- -- ---~ h.J
2
3
4
5
6
7
8
9
10
I]
12
13
,.,w_w_-
""\
,
4.
head, face, nasal tracheal injury which may require several surgeries.
Claimant's medical specials exceed $6,000.00 to date. Claimants future medical
5.
specials are unknown at this time but will in all likelihood exceed $100,000.00.
The CITY OF TUSTIN, through its police officer (name and badge number
unknown) ne¡¡ligently moved, and or otherwise controlled a vehicle at an accident
causing the vehicle Claimant was in to move, crushing Claimant. Failure to warn.
6.
All notices or other communications with regard to this claim should be sent to
Steven Hilst, Esq,
Steinberg & Spencer
3250 Ocean Park Boulevard. Suite 170
Santa Monica, California 90405
(310) 450-5960.
14
15 DATED: November 30, 2004
16
17
18
19
20
21
22
23
24
25
26
27
28
--- M --_.. ....-
BY:
STE T
Attorneys for Claimant
JONATHAN FIX
. 2
CLAIM FOR DAMAGES AGAINST GOVEANMENTAL ENTITY
(Gov. C, §910)
-.-.. -- -..--...
-. . -~.~ .~--
--- -- --- .
-.. . -
2
3
4
5
6
. - . --- ----
'-\
"':
PROOF OF SERVICE
7 I am an employee in the County of Los Angeles, State of Calif om ill. I am over the age of
18 and not a party to the within action; my business address is 3250 Ocean Park Blvd;, Suite 170,
8 Santa Monica, California 90405.
9 On December I, 2004 r served the foregoing document described as CLAIM FOR
DAMAGES AGAINST GOVERNMENTAL ENTITY [Gov. C. §910] on interested parties in
10 this action by placing the original thereof in a sealed envelope addressed as follows:
11
12
13
14
..A...
15
16
17
18
..x..
19
20
21
22
23
24
25
26
27
28
City Clerk's Office
City of Tustin
300 Centen.niai Way
Tustin, California 92780
(BY MAIL) I am "readily familiar" with the firm's practice of coUection and processing
correspondence for mailIng. Under that practice it would be deposited with the United
States Postal Service on that same day with postage thereon fuJIy prepaid at Santa
Monica, California, in the ordínary course of business. I am aware iliat on motion of the
party served, service is presumed invaJid if postal cancellation or postage meter date is
more than one day after date of deposit for mailin¡¡: in affidavit.
(STATE) I declare WIder penalty of perjury under the laws of the State of California that
the above is true and correct.
Executed December 1, 2004, at Santa Monica, California.
~ win. :PL
3
CLAIM FOR DAMAGI:S AGAINST GOVERNMENTAL ENTITY
[Gov. c. Ø910
TOTAL P.10
..... -- _m. -...-
M_" -- _"_H"
-- - --- ----