HomeMy WebLinkAbout12 CLAIM 07-34, SHAWN WHITLOCK AGENDA REPORT
MEETING DATE: February 5, 2008
TO: William A. Huston, City Manager
FROM: Ronald A. Nault, Finance Director
SUBJECT: CONSIDERATION OF CLAIM OF SHAWN WHITLOCK, CLAIM NO. 07-34
SUMMARY:
The Claimant reported that Tustin Police Officers damaged the .interior of his car, including the
dash, radio, cup holder and panels. He stated there were wires sticking out everywhere and all the
controls were dead afterwards. He gave an estimate of the damage at $2,500.00.
RECOMMENDATION:
That the City Council deny Claim Number 07-34, Shawn Whitlock, and direct Staff to send notice
thereof to the Claimant and Claimant's attorney.
FISCAL IMPACT:
None.
DISCUSSION:
Staff has confirmed that when Tustin Police Officers searched the Claimant's vehicle after
apprehending the driver, they noted there was pre-existing damage to the interior at that time. The
Claimant stated he had witnesses to verify the damage was actually caused by the police, but he
has not provided their names to the City's Claims Administrator -and he said the vehicle is not
available for inspection. As the Claimant has not shown any documentation proving the City of Tustin
to be responsible for the condition of his vehicle, Staff is recommending denial of his Claim.
Ronald A. Nault
Finance Director
ATTACHMENT: Copy of Claim No. 07-34
ConsiderationOfClaimOfShawnWhiflock. doc
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages to Person or Personal Property)
A. Read entire claim before filing.
B. Be sure your claim is against the City of Tustin not another public entity.
C. Claims for death, injury to person or to personal property must be filed no later than 6 months after the occurrence
(Government Code § 911.2).
D. Claims for damages to real property must be filed no later than one year after the occurrence (Govemment Code § 911.2).
E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered.
F. A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person
acting on his/her behalf and shall provide the information shown below and must be signed by the claimant or a person on
his behalf (Govemment Code § 910.2).
G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private
attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims.
H. Completed claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin,
California 92780.
1. Name and Post Office address of the Claimant:
Name of Claimant: Shawn Whitlock
Home Address: 11971 Abington St
Riverside CA 92503
Home Telephone: 951 347-8766 Work Telephone: 714 661-6373
2. Post Office address to which the person presenting the claim desires notices to be sent:
(If different from above)
Name of Addressee: Telephone:
Post Oftice Address:
3. The date, place and other circumstances of the occurrence or transaction from which the claim arises. PM
Date of Occurrence:Sept 16 2007 Time of Occurrence: 3 pm - 7 pm
Location: Tustin
Circumstances giving rise to this laim:
Damages to interior S 500 Mercedez
4. General description of the indebtedness, obligation, injury, damage or Ioss incurred so far. as you now
Full interior damage, dash radio cup holder
panels wires sticking out everywhere on
car a new purchase. Vehicle destroyed
inside, all controls dead after seizure.
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5. The name or names of the public employee or employee causing the injury, damage, or loss, if known.
Supervisor (Officer Bullock gang unit in charge
outstanding officer.
6. If amount claimed totals less than $10,000: Provide the amount claimed if it totals less than ten thousand
dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury,
damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of
the amount claimed (include copies of all bills, invoices, estimates, etc.)
Amount Claimed and basis for computation: Approx 2,500 Damage
If amount claimed exceeds 510,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not
provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case.
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP §
86.)
^ Limited Civil Case ^ Unlimited Civil Case
You are required to provide the information requested above in order to comply with Government code
910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, the
City of Tustin requests that you answer the following questions.
7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim
arises:
8. If the claim involves medical treatment for a claimed injury, pleaes provide the name, address and telephone
number of any doctors or hospitals providing treatment
If applicable, please attach any medical bills or reports or similar documents supporting your claim.
9. If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: r l/
Telephone:
Address:
Insurance Policy No.:
Insurance Broker/Agent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle Make/Year:
Claimant's Drivers Lic. No.: Expiration:
If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
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IF LATE z,~AIM: COMPLETE ITEMS 1- 9 AND THIS ~r'PLICATION.
SIGN BOTH FORMS.
APPLICATION FOR LEAVE TO PRESENT A
LATE CLAIM TO THE CITY OF TUSTIN
The undersigned hereby applies for leave to present a late claim to the City of Tustin. This application is being made
within a reasonable time, not exceeding one (1) year, after the aocrual of the cause of action. Under some circumstances,
leave to present a late claim will be granted (Government Code § 911.6). The reason for delay in presenting the claim is:
Date
Revised 12/2004
Signature of Claimant
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READ CAREFULLY
For all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
accident by "X" and by showing house numbers or distances to
street comers. If City/Agency Vehicle was involved, designate by
letter "A" location of City/Agency Vehicle when you first saw it,
and by "B" location of yourself or your vehicle when you first saw
City/Agency Vehicle; location of City/Agency vehicle at time of
accident by "A-1" and location of yourself or your vehicle at the
time of the accident by "B-1"and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a
proper diagram signed by claimant.
SIDEWALK
CURB
CURB ~
PARKWAY
SIDEWALK
Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency may seek
to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good
faith and with reasonable cause.
Signature:
Date:
~~~
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