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Home My WebLink About03 CLAIM SUTTON 11-7-05 Finance Director -, AGENDA REPORT Agenda Item Reviewed: City Manager MEETING DATE: NOVEMBER 7, 2005 FROM: WilLIAM A. HUSTON, CITY MANAGER RONALD A. NAULT, FINANCE DIRECTOR TO: SUBJECT: CONSIDERATION OF CLAIM OF CHARLES W. SUTTON, CLAIM NO. 05-43 SUMMARY: On May 24, 2005, Mr. Sutton drove over construction plates placed in the street that damaged his vehicle's suspension. His claim states that the metal plates were laid improperly by a company doing work for the City of Tustin. RECOMMENDATION: That the City Council deny Claim Number 05-43, Charles W. Sutton, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: It has been determined that at the time and place of the alleged damage to the Claimant's vehicle, the Contractor that placed the metal plates in the street was working on a project for the Orange County Sanitation District. Mr. Sutton has been referred to the OCSD by the City's Claims Administrator. Based on the facts, Staff is recommending denial of Mr. Sutton's claim. ~ Finance Director ATTACHMENT: Copy of Claim No. 05-43 U.. \ C LA I M 51 Con side fa 'ion a ICI aim alCha rie s 5 u"on. doc Received Via: 0 U.S. Mail 0 Inter-Office Mail lX' Over the Counter CLAIM AGAINST THE CITY OF TUSTIN (For Damages to Person or Personal Property) 05 -1\3 . CITY OF TUS-TIN Time Stamp: Glr:4;l- . ZO05 OCT IT A 8: 32 Claim No: PLEASE NOTE: A. Read entire claim before filing. B. 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 § 911.2). D. Claims for damages to real property must be filed no later than one year after the occurrence (Government Code § 911.2). E. If add~ional 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 hislher 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 C~ may give legel advice to any claimant relating to private claims. H. Completed claims must be mailad or delivared to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin, California 92780. 1. Name and Post Office address of the Claimant: ~Name of Claimant: Social Security No.: Post Office Address: G'¡4lZ¿'~.5 vJ. SvTn=".j /~ &.- 2. Post Office address to which the person presenting the claim desires notices to be sent: Name of Addressee: Post Office Address: c Telephone: 3. The date, place and other circumstances of the occurrence or transaction from which the ciaim arises. Date of Occurrence: ;r1 ,4 v' 2- 2. Q 0 ~ Time of Occurrence: Location: J7~t' 'S:'7"J"'~....t ...."ci. Pro..¿;¡-<:.-.J. Circumstances giving rise to this claim: #l e...1-¿¡../ LJ Ide.;;; ",",,1-:"..... L4.. (iLl^, ..- ~ry~"--.r;' , S-.,;,.,........-I ,c."'-'N~ - '.s-e"/~rç d",.-¿;t.. 1"- þ4-1i4tJ40 ~..,r::t ~;:-/e Ir.~? ;t>~--;.~"." ~. (~,,1.'!:!~J CÙ)¿n5 4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. Î>-AAA'-+i Co ~ f2¿.",... rhòvA::-$ o..~¿ ,/5¿¡...I'/ Jo~.r .;'.. yr. w ¡L- ./ 1/e.4.,-/,;; I ~ Page 1 of 4 5. 6. 7. B. 9. The n~me or names of theJ¡u,blic employee or emPIO,yeeS causing the injury, damage, or loss, if known. i5il""Ai,., ~N1"" (y,.o,cI~;, ./.4/2.S. ¿, '" r I,. u "A"~"» Wè+o ~.r Co"r;-.~J<-" .6'7 /c,.~ -/ /Cr./;'" rc. d. .r I".., vi w ò...../C- / 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:# / () -0 . 0 D 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 attomey 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 § B6.) [J}1imited Civil 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 Ci of Tustin re uests that ou answer the followin uestions. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim arises: ;..J / I'? ' 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: IJ/A . If applicable, please attach any medical bills or reports or similar documents supporting your claim. If the claim relates to an, automobile accident: Claimant(s) Auto Ins. Co.: Address: ~ 4-,.,.110- Insurance Policy No.: Telephone: 71«-- 5""i.t-t-oD;;¡:¡ Insurance Broker/Agent: Address: ..ým- .r .:r rn .<,. ¿:..¿.tre r:f' Telephone: Claimant's Veh. Lic. No.: Claimant's Drivers Lic. No.: Vehicle MakeNear: ¡"it:¡ (. Expiration: 2.-é é> 7 efi!tl'fer Page 2 of4 If applicable, please attach any f9pair bills, estimates or similar documents supporling your claim. READ CAREFULLY For all accident claims, place on following diagram name of streets, inciuding North, East, South, and Wast; indicate place of accident by "X" and by showing house numbars or distances to street comers. If City/Agency Vehicle was involved, designate by letter "A" location of City/Agency Vehicle when you ~rsl 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." NOT~: If diagrams below do not fit tne situation, attach hereto a proper diagram signed by claimant. ~ CURB -4- SIDEWALK "~.) II L .¡r'¡{:fl,,'v" ~ ---:-" M f I ~~~ \.. CURB -.. JnF- Warning: Presentation of a false claim is a felony (Penai Code §72). Pursuant to CCP §1038, the City/Agency may seek to recover an costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonabie cause. Signature: C Date: @,;/¡r{ :2-u--rf' I Page 3 of 4 IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION. SIGN BOTH FORMS. APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM TO THE CITY OF TUSTIN The undersigned hereby applies for leave to present a late claim to the City of Tustin. This application is being made within a reasonable time, not exceeding one (1) year, after the accrual of the cause of action. Under some circumstances, leave to present a late claim will be granted (Govemment Code § 911.6). The reason for delay in presenting the claim is: Sc e.. A-írAJ,</¿ 51. L d- Signature of Claimant Date Revised 12/2004 Page4of4 October 16,2005 City of Tustin Clerk's Office 300 Centennial Way Tustin, Ca92780 Case # OSCSO03143 (Vehicle Damage) Dear Sir (See attached letter to claim) This company has avoided their responsibilities, and has avoided court documents to show cause that they (ARB Construction Co) is not responsible for the damage to my vehicle. They have lied and lied and made verbal promises to take care of the damages to my vehicle. If you look at the photos that I took with my phone camera at different times it will show that the plates in photo # ^ 1 was not laid proper, they were on top of each other, and the photos that I took at a different work site in same area, you will see on photos in^2 that they are fully laid, and secured with safety combs and hard payment to hold them in place. The first set of plates is the ones that I ran over which were very loose, and flapping, which flapped under my vehicle very hard causing damage to it. I sent several estimates to Mr. Steve Jones, which was very small and after rejections from Claim Manager Theresa Schulkey, I said I would just write it off until I took my car in for an oil change, and when they put it on the rack, I saw the damage to my vehicle, which I had taken care of at that time(see payment receipt) This is when I decided to file a claim against ARB Construction Co, and they have avoided me and the courts every since. If You look at the "C" Documents you will see how many times I had to refile on them, and how many times the Sheriff Department made attempts to serve them at their place of business. Sir I need to have this taken care of within the next 7 days, or I have no other choice other than to let a judge make a decision on who is at fault for this claim. Thank you kindly, Home Cell E-Mail k.s August 10,2005 To: Mr. Brain Pratt President of ARB Construction 26000 Commercentre Drive Lake Forest, Ca. 92630 From: Charles W. Sutton Re; Case # 05CSO03143 (Damage To My Car From Construction Work On City Street) Mr. Brain Pratt, On and about May 24,2005 in The City of Tustin, I was traveling West on 17th Street, when I ran over some steel plates placed in the streets by your workers, the plates were laid unproper causing damage to my SUV. I contacted The City of Tustin, and they gave me information that lead me to your Superintendent Mr. Steve Jones who I met with the next day to look at the damages, which at that time I had an visual estimate, which Mr. Jones felt was to high and I was told to go and get another estimate by Mr. Jones and faxed it to his office, and the company would take care of the claim. After waiting a week, not hearing from Mr. Jones, I then e-mailed him a letter asking him what was happening with the claim, and at that time he told me the company was investigating my claim and it would take a little time, and I waited for some time again and e- mailed Mr. Jones again asking him about the claim, and he at that time told me that the claim was being handle by Theresa Schulkey in the claim department, again I waited a while and wrote Theresa Schulkey a letter asking for results, or I was filing a claim in court. I received a letter from Ms. Schulkey telling me now, that she or Mr. Jones has nothing to do with claim, and I must fmd out the correct person to sue, The both of them refused to give me any names, so I filed a law suit against the both of them, and it was dismissed because Ms. Schulkey wrote the court and said she had nothing to do with the company, and I was suing the wrong people, so I went back to The City of Tustin, and they gave me the correct name of the person who is responsible for the damages, which was your name. Mr. Pratt, I have been given nothing but the run-around on this claim, and your company, has avoided this claim, and I am very tired of this, and I will get straight to the point, I want waste another day trying to get this claim settle, after this letter is received by you, and not settle, I demand payment in the amount of $724.59, and if! have to take it back to court, I will amend my damages for filing 2 times on this case. Enclosed you will find copy of estimate of damages cause by your company negligence. (I will wait 7 days ftom the date of this letter Before I file my claim August 18,2005) Sincerely, Charles W. Sutton Cell (e-mail) . ,~':,o COUPON EXXON OIL & FILTER CHANGE IRA CHANGE OIL AND ."lLTER, LUBB, BRAKE' CHECK & VEHICLB :~:SPBCTION. 3. '0 I"'\L.L. I U"/!::' 1"'\1'4 LI L.UUL. "Depend On Us For All Your Automotive Service Needs" 12042 KNOTT ST . SUITE A - GARDEN GROVE CA 92841 (714) 897.5070 BAR # ab237786ÆPA' CaIOOO20071!6 NOTE, SOME OIL FILTBRS, TYPE OF OIL ¡'RAND AND EXTRA OIL QUARTS ARE BXTRA CHARGE "CUSTOMER PAYS DISPOSAL FEE PER VISIT. -'&R UPPER & LOWER BALL JOINTS REAR SHOCKS ARE DAMAGED, RIGHT REAR SHOCK WAS DISCONNECTED PROM IT'S MOUNT. REINSTALLED HARDWARE. SHOCK IS DAMAGED AND MAY NOT BE SAFB. CUSTOMER WAS SHOWED AND IS AWARE OF THE PROBLEM. X R&R ALL FOUR BALL JOINTS $590.00 OK'D BY CHARLBS IN PERSON ON oa'02-2005 AT ",20pm (JIM) Aççt No: 1829 Page: 1 of1 'In: 08-02-2005 Time: ":25AM Cdom: 127111 Out: 08-02.2005 Time: 06:00 PM Odom: 127111 2 _63 2.63 1.00 5.00 98.00 196.00 2a .00 56.00 R SUTTON CHARlES 1996 Ford Explorer TAN Sport Utility V64.0 A 245 VlN: 33a.00 H: ( 1. OOIOIL FILTER 5.00 10W/30 EXXON SUPERFLO QT. 2.00 UPPER CONTROL ARM ASSY. 2.00 LOWER BALL JOINTS OFIA / L30001 10W/30 50010 BXXON 10nO/l0721 104222 ..... ,........ SERVICES RBCOMMENDED BUT DECLINED .....-- ,..... ~-¡:une'Up Fuel Filters Trana/Diff Service Cooling Syatem Service Fuel Inj, Throttle Eody, Carb Fluah Shocks/Struts Brake Inspection ~=:K~H~~~~ . ~ DAMAGED, RBCO RE, TRANS SERVICE $14a. 44 I ::-:,::=..~=~~~ ~~~~ ,~=.~~ ehicletosecurethe8l1OO1ldrepsírs- Tennsarestridlicash..-__.......... ,-...., TlfATDlfÆRENT 1OIlED- ",,-y. ......... ON TIE _,IEŒIVE. "........, AII)"""" ACŒPJ TIE IOIlEDWNIIWIIY œ - TlfAT ""-Y ON TIE IIEYERIIE OlE OF TIE CUST<IfR CCPr IÐIEOF. AIT- ... L..b.",S NOT RESPOHSI8lE "" "" '" ......... "Þ'-"""--'_-""""""'AlT.... ... ~ c- . ",DEf'ENDENTl v OWNED AND OPERATED, """'.""""""An .,.-...... NO LIA88.'TY WHATSOEVER. """'*" """... c.- ..... """. .....'" 2:=:~'1"::=:-:=, _11.':,..~"'--u_~""""""", PlEASE READ CAREFUlLY AND SIGN BENEATH ONE OF THE 3 STATEMENTS 8ELDW, I UNOERSTAND THA"AMENTITLED TOA WRlmN EsnMA" IF MY FIHAl 8ILLW", EXCEEO '50 ""_',"~'_".W"""""""""'"""" """" 3Ido""-..,"~""", SUG SUG REQ SUG sua REQ REQ REO (Required) Con-oone<ts"".-.g do;;gnatod specification" - to -......... """" JtI)EIIy. SUG(8uggesled): Bthe<to"""""""",""""""""",""""",_-",schedu,.,,._. """'-"""""""""_""""""""isclosetotheenddislifo. payment Type ,Credit Card Cash - Debit Card Check SHOP HOURS MeN-FRY a,oo AM TO 6,00 PM ' SATURDAY a,oo AM TO 4,00 PM I 0." GRAND OPENING SPECIAL OIL CHANGE CARD CLUB ONLY $49.90 00"",_.....- ,..¡,........-,., THANK YOU FOR LETTING US SERVICE YOU NO c..-... -.,.",' YES DAYS OF NOTIFICATION OF COMPlETION LABOR CHARGES BASED ON: 0 "oIR." 0 """'R.",- 0 """MorA"" A STORAGE FEE OF '- PER DAV IMY EE APPLIED TO VEH1CLES WHICH AREN'T CLAIMED WITHIN 3 WORIOND FAMILY FRIENDLY TOTAL CAR CARR CENTER OTHERAUTHORIZEDPERscN PROPOSED COIAPLET"N DATE -1-1- PHONE All. PARTS ARE I>EW UNlESS 01>£RWISE SPECIFIED U =Used R=- W =WfmdI¡ labor 341.90 Parts 259.63 Sublet .00 Supplies 2.00 Disposal 3.00 Subtotal 606.53 Tex 20.35 TOTAl 626.88 A[['TuN~RE' 12042 J<NOTT ST IjA GARDEN GROUE. CA 92841 Copy 08/02/2005 17:17 Sa Ie: Transaction It 3 Card Type: VISA Ace: *"*****"****4313 Entry: Swiped Sale: 626.88 Auth , Code: 043074 Respon, APPR\JD It 043074