Loading...
HomeMy WebLinkAboutA-Public Comments . . o ~~~~)- ':3j;$/t!f Chris and Chris Freiling 5423 Mayfield Ave, San Bernardino, CA. 92407 March 13, 1989 Dear Mayor Wilcox and Members of the city Council: On October 25, 1988 sewage from the city's sewer line flooded our home. After calling the city for help, we were advised that we must first contact the police to confirm our story before action could be taken. The police never responded, and it took several hours before the city workers arrived. They cleaned out the main sewer line from uphill, forcing the backed up sewage through the city's pipe up through our toilets, bath, and shower, flooding two-thirds of our house with thick brown sludge. Furthermore, given that our neighbor's house was also flooded at the same time and that our street is known to be a problem spot with a history of previous flooding, there is absolutely no doubt as to the city's liability in this matter. We sat down with the City Adjuster and negotiated a fair settlement, which was later approved by the city Council. This itemized settlement covered the costs of present and known damage. We signed a standard "Property Damage Release Form" striking out the parts referring to unknown and unforeseen damage. The form went to the city Attorney, where after six weeks had passed and at our insistence he finally acted on the matter. His decision surprised us. Not only did he refuse our release, but he now insisted that we sign a more extensive release than the one we originally signed. This "Release of All Claims" form required us to expressly waive all rights under section 1542 of the civil code. I understand it is usually used in cases where there is bodily injury as well as property damage. The city Attorney informed us that we could either sign this more extensive form or else go to court, in effect punishing us for exercising our rights. Furthermore, he has refused to negotiate with us or to explain his actions, calling us "the enemy" and claiming that any negotiation or explanation on his part would constitute giving us free legal advise. We find his actions to be completely unprofessional if not unethical. We are now, at the advice of an attorney, willing to sign the original release form without any deletions or corrections. We only ask that additional iterest be added to cover the cost of this delay. This additional burden of debt, on a family which is already overextended, has caused considerable financial stress. Section 1542 protection of all of all concerned. of the Civil Code was enacted into parties to a release and is to the Accordingly, I cannot waive it. law for the best interests A ~"'j:>";" o o ~ Our attorney has advised us that withholding payment due to us, when there is no doubt about liability, borders on bad faith. Please be advised that if legal action is instituted to recover, we will have no alternative but to demand punitive damages, attorney's fees, and other costs of the suit. Sincerely yours, ~F~- Chris and ~~ Chris Freiling cc. Mr. Tom Cain, Risk Management Mr. Penman, City Attorney