HomeMy WebLinkAboutAGENDA REPORT 2002 0619 CC REG ITEM 11KITEM- i l . k. owmWON&VOOKS
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, ATOM /City Clerk
DATE: June 14, 2002 (CC Meeting of 6/19/02)
SUBJECT: Consider Rejection Of Claims: Constantino Noval & Peach
Hill Soils, Inc.
BACKGROUND AND DISCUSSION
On April 4, 2002 (and Notice of Errata received on April 8, 2002),
the City received a claim for damages from the claimant Peach Hill
Soils, Inc., and on April 11, 2002, the City received a claim for
damages from the claimant Constantino Noval. The claims were
forwarded to the City's claims adjuster for review and were
subsequently returned due to late filing more than six months after
the event on November 4, 2000, at which time a truck being driven
by Sergio Mendoza was struck by a train as it attempted to cross
railroad tracks at a privately owned railroad crossing. On May 16,
2002, the subject claims were resubmitted by the attorney
representing the claimants based on Government Code Section 901,
which provides the date upon which a cause of action for equitable
indemnity or partial equitable indemnity accrues shall be the date
upon which a defendant is served with the complaint giving rise to
the defendant's claim for equitable indemnity or partial equitable
indemnity against the public entity."
The incident for which the claims have been filed was actually
outside of the City limits, approximately 263 feet north of State
Route 118 and .5 mile east of Hitch Boulevard, at a privately owned
railroad crossing. The City's claims adjuster has recommended
rejection of the claims.
STAFF RECOMMENDATION
Reject the claims and direct staff to send a standard rejection
letter to the claimants.