Coto de Caza DUI Collision Lawsuit Notes
December 12, 2007
Case No 05CC02855 involves a traffic accident that occurred September 22, 2004 at the intersection of Vista del Verde and Mackenzie Lane (undisputed fact). The defendant was visiting Coto de Caza as a guest of Coto de Caza Gold Club, having earlier participated in a golf tournament (undisputed fact). CZ Master Association and Keystone are included in the list of the defendants.
The case includes statements form the CZ Master Association to the effect that “On October 1, 2003, the Orange County Board of Supervisors voted to hire ten new Sheriff deputies and two supervisors to patrol the unincorporated portions of South Orange County, including Coto de Caza. Based on the action of the Orange County Board of Supervisors and assurances from the Orange County Sheriff that it would provide increased patrols of Coto de Caza, CZ Master terminated its contract with the CHP and substituted the services of the Orange County Sheriff to enforce traffic in Coto”
The CHP contract was terminated on January 2004 (undisputed fact). On September 22, 2004, the defendant was traveling well over the speed limit with a blood alcohol level of at least 0.13%, struck the front driver’s side of plaintiff (undisputed fact).
Stay tuned for more…..
Skendarian lawsuit details- Varo Should Resign
I am laughing hysterically at what fools Bob Varo and Jerry Mezger were when they actually believed they were going to get proactive Sheriff’s coverage from the county as their justification for firing the CHP. There is no fool like and old fool as the saying goes. In addition to the tragic deaths on our streets and many accidents during the period we had the Wild West in Coto, that Varo/Mezger decision cost our Members $50,000. And, I understand it would have been $100,000; but for the work of Steve Zipperman who negotiated a lower contribution. Joseph Morabito
Hi Joe:
We are still trying to figure out how the Sheriff’s statement substitution for the CHP fits in. Recall that it is only recently the Orange County Board of Supervisors repealed an ordinance that made it legal for the Sheriff to effect traffic patrol in Coto.
Further, we are looking for references (if any) for the missing tickler file that allowed road certification to expire, making any pro-active traffic patrol a moot point.
Obviously, that was the Association’s defense. Firing the CHP was probably cited as the basis of the plaintiff’s case against CZ especially since Varo stated publicly at Board meeting that they were firing the CHP because club members were concerned about being cited for DUI’s coming out of the club. CZ probably argued that the Sheriff was a substitute making the CHP unnecessary. What other case could they have argued? JM
Joe:
Our point is the if that was indeed the CZ argument given the facts, then it would be false and misleading at best: That is, the Sheriff under the conditions as existed then would not have been able to legally patrol Coto - which is why the supervisors needed to act. Not to mention road certification expiration.
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