sr-120980-6rSSS . YB : 2'D
Council Fleeting of. December 9, 1980
„l- ,
Decenber 3, 1980
T0: D4AYOR AIdD Ci`i'Y COUNCIL
FROM: CITY A~-'TORidEY
SUBJECT: REQUEST FOR PAYPIBNZ' OF ARBITRATIOPI Al7ARD
STAi'E FA12PR MUTUAL AUTOMOBILE INSURANCE
COt$PAI~Y V. CITY OF SAN^1A i~IOiICIA
CASE idO. C 50414
This arbitration award arises out of an incident
which occurred on February 10, 197E near 616 i7th Street.
Plaintiff's allege that a tree located at described parkway
fe11 on their insured's vehicle, totally destroying said vehicle
in the amount of $3,635.00. Plaintiff claimed the City
negligently allowed the tree to be in a hazardous condition,
of which the City had prior notice. Parts from plaintiff's
insured's vehicle, valued at $464.20, were salvageable, leaving
,53,170.80 the total amount of property damage.
On September 24, 1980, October 10, 1980 and October 29,
1980, arbitration hearings were held. Carlos Lloreda, former
Deputy City Attorney, defended tine City's interest at said
hearing.
The City's position was that the cause of the acciczeut
was due to the excessive rains that occurred two nays prior to
said accident rather than negligent maintenance by the City.
The City's witness, Chick Landeros, admitted on cross-examination
that the City did in fact have notice of the dangerous condition.
Attached is the Arbitrator's award, filed ivv"ovei~er 3,
1980, in the amount of $3,170.80 for plaizrtiff. No costs
were awarded and the parties were to bear their own costs.
It is our reconunendation that the Council approve
this award rather than request a Trial De Novo with the con-
comitant risk of additional expenses and expert costs ;if the
trial should result in the arbitrator's award being sustained.
PREPARED BY:
STEPEEN S. STARK
Acting City Attorney
YVOidIdB BIi~STOCI:
Deputy City Attorney
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STANELY R. SCHOEN
Attorney at Law
10850 Wilshire Boulevard
11th Fioor
Los Angeles, California 90024
(213) 475-8816
Arbitrator
MUNICIPAL COURT OF SANTA MONICA JUDICIAL DISTRICT
L~l1N'1'Y lIt' LUS AiVGELr;S, S'1-A'1'2': SJr' ~;L-f1,IF'UtV:JiA
STATE FARM MUTUAL AUTOMOBILE ) -CASE NO. C 50414
INSURANCE COMPANY, a corporation, )
i )..,AWARD OF ARBITRATOR
Plaintiff, ) Section 1141.10 CCP
v. ) .
)
CITY OF SANTA MONTCA, et al. )
Defendants. )
The undersigned arbitrator appointed pursuant to the
provisions of Section 1141.10 of the Code of.Civil Procedure
and Rule 1605, California Rules of Court, having been duly sworn
and having heard the cause on September 24, 1980, October 10,
1980 and October 29, 1980, and having considered the evidence
of the parties, awards in full settlement of all claims submitted
to arbitration as follows:
Judgment for plaintiff in the. sum of $3,170.80.'
No costs are awarded and the parties are to pay their
own attorney's fees.
DATED: November 2, 1980
!~~ Q ..-~-.-~a
STANLEY R. SCHOEN, Arbitrator