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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 -2- 4 G~ 1 2 3 4 5 ,6 7 10 11 12 13'. 14I 15 16 17 18 19 ~U 21 22 23 24 25 26 27 28 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