File #: 20-0038    Version: 1 Name:
Type: Consent Calendar Item Status: Agenda Ready
File created: 12/30/2019 In control: Board of Directors
On agenda: 1/28/2020 Final action:
Title: Deny Claim of Hooman Sotoodeh.
Attachments: 1. Attachment 1: Claim

BOARD AGENDA MEMORANDUM

 

 

SUBJECT:

Title

Deny Claim of Hooman Sotoodeh.

 

 

End

RECOMMENDATION:

Recommendation

Deny the claim.

 

 

Body

SUMMARY:

The District received a claim on December 2, 2019 from Campbell resident, Hooman Sotoodeh, regarding his property at 996/998 Lincoln Ave in San Jose.  The claimant is seeking $10,000.00 for property damages sustained when two trees fell on his property during the rain and heavy winds.  The damages include: repair of a fence, window awning, vehicle and tool shed, debris clean up, tree cutting and removal. 

 

Risk Management has performed research and determined the District is not responsible for the damage to the claimant's property for the following reasons.  First, there was no negligence on the part of the District; and, second, the trees in question are not on District property. 

 

Therefore, there is no liability on the part of the District, and staff recommends that the claim be denied.

 

 

FINANCIAL IMPACT:

There is no financial impact associated with this item.

 

 

CEQA:

The recommended action does not constitute a project under CEQA because it does not have a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.

 

 

ATTACHMENTS:

Attachment 1:  Claim

 

 

UNCLASSIFIED MANAGER:

Manager

Stan Yamamoto, 408-630-2755

 




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