HomeMy WebLinkAbout11 CLAIM 08-47 - LE & TORRES 01-06-09AGENDA REPORT
MEETING DATE: JANUARY 6, 2009
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
Agenda Item
Reviewed:
City Manager
Finance Director
11
SUBJECT: CONSIDERATION OF CLAI M OF TIEN XUAN LE AND ANGEL ISABEL TORRES,
CLAIM N0.08-47
SUMMARY:
The Claimants allege false arrest, false imprisonment, malicious prosecution and violation of Federal and
State Civil and Constitutional Rights. Tustin Police Officers responded in this instance to assist Orange
County Social Services (OCSS) with reported child abandonment and neglect. Their investigation resulted
in the arrest of Tien Xuan Le on felony child neglect charges and the removal of her child, Angel Isabel
Torres, from the home by OCSS.
RECOMMENDATION:
That the City Council deny Claim Number 08-47, Tien Xuan Le and Angel Isabel Torres, and direct Staff to
send notice thereof to the Claimants.
FISCAL IMPACT:
None.
DISCUSSION:
The City's Claims Administrator has found no fault attributable to the City of Tustin in this incident. The
Officers involved were acting lawfully in response to a request for assistance from Orange County Social
Services with a reported child abandonment and neglect case.
Kristi Recchia
Director of Human Resources
ATTACHMENT: Copy of Claim No. 08-47
CLAIM AGAINST THE CITY OF TUSTIN
(For Damages to Person or Personal Property)
ived via: CITY O F T UST {N
U.S. Mail
Inter-Office Mail
^ Over the Counter 200 ~(Q~ ~ ~~ 9~ 2 9
~~r /i1 i K r
PLEASE NOTE:
A. Read entire Gaim before filing.
B. Be sure your claim is against the Citv of Tustin, not another public entity.
C. Claims for death, injury to person or to personal property must be filed no latter than r1l~nths after the occurrence
(Govemment Cdde § 911.2). J~~
D. Claims for damages to real property must be filed no later than one year after the occurrence (Go~7emment 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 Gaimant 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 consuR a private
attorney if legal advice is desired. No employee of the City may give legal advice to any Gaimant 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,
CalHornia 92780.
1. Name and Post Office address of the Claimant:
Name of Claimant: ~ ~ ~~ T~~~~
Home Address:
Home Telephone: Work Telephone:
2. Peelddress to which the person presenting the claim desires notices to be sent:
(ff different from abo~re)
Name of Addressee: 1 J D Kti ~a $ ~"YrLPS ~5,~ • Telephone: ~~ ~ ,~~ 3 - y~ / 9
~ar+l~8tiiee Address: 9 S" /~..... ~ _, .
3. The date, place and other circumstances of the occurrence or transaction from which the Grim arises.
~/ a/%..~,rr
Date of Occurrence: J u ~ e 20 2 0 0 ~ ~ n (~ ~''' ~fiTime a0 Occurrence: N l ~, ryj
Location: - ~• ~• , v ~
Circumstances giving rise to this claim: ~ ~o_ rr~ ~` ~, •,
n~
/1r
4.
~ 1 i•
r''
ral descrip ion of the indebted~n~ss~bligabon~,
s ~o ~ C1~~.h~,~t'~r /ibtrf~~
Time Stamp:
Claim No: 0~
f
~..G( a c fi 'e K~ vt~lrt __ ~~ as
damage or loss incurred so far as you now
~,~.,~, .
~~ ~
tP 4~~
'~d~~rt
l~ as~e .
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Page 1 of 4
5.
6.
c ~
The name or names of the public employee or emptovees causing the iniurv. damage. or loss. if known.
Amount Claimed and basis for computation:
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 dvil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not
exceed $25,000. An unlimited dvil 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:
~fn d,n ~' ke/ K ~tfl/' ~. Q ~ ~ a ~jt ~ ] drrt ~ .cG~~rE
../ w _.Ll.i ~.~wn~n..i.ot -~.~ ~ - -- _ _ _ _L .. _ ~. ..-
8. If the da~ involv~es~m~cal f~eatFnent for a clairn~d-inju , p ease p ode the~a~e, address and telephone
number of any doctors or hospitals providing treatment:
if applicable, please attach any medical bills or n4ports or similar documents supporting your claim.
9. If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: Telephone:
Address:
Insurance Policy No.:
Insurance Broker/Agent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle Make/Year.
Claimant's Drivers Lic. No.: F~cpiration:
If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
Page 2 of 4
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.)
READ CAREFULLY
For all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
accdent 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
acddent by "A-1" and location of yourself or your vehicle at the
time of the acddent 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
PARKWAY
SIDEWALK
CURB
Warning: Presentation of a false Gaim 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:
~5c~ hl ~ / v rrQ S
Page 3 of 4
Certificate of Service
I, Douglas ~~ e~s, ~~~ rtyer the age of 18 and not a party to this action. On November 14, 2008,
mailed vi az the attached "Claim against the City of Tustin" submitted by Claimant
Tien Xuan Le to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin, California
92780.
I declare under penalty of perjury that the foregoing is true and correct. Executed on November
14, 2008 in Fountain Valley, California.
Douglas .Ames
~. C
CLAIM AGAIN9IT THE CITY OF TUSTIN
(For Damages to Person or Personal Property)
.,Received Via: Time Stamp:
~] U.S. Mail CITY OF TUSTIN
[~ Inter-Office Mail L~ Q ,+ l~
^ Over the Counter 2000 N~V 11 A ~ 9~ 2 ~ .y, Claim No: l,. D "~
PLEASE NOTE:
A. Read entire claim before filing.
B. Be sure your claim is against the Ciiv 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
(Govemment Code § 911.2).
D. Claims for damages to real property must be filed no later than r emment Code § 911.2).
E. If additional space is needed to provide your information, pleas a i ph(s) being answered.
F. A claim must be presented, as rescribed b the Govemment G~ -,-
P y alrfomia, ie claimant or a person
acting on his/her behaff and shall provide the information shown low and must be signed by the claimant or a person on
his behaff (Govemment Code § 910.2).
G. This form is for the convenience of those desiring to presets claims against the city. Claimant is advised to consult a private
attorney ff 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, Clty Clerk's Office, 300 Centennial Way, Tustin,
California 92780.
1. Name and Post Office address of the Claimant:
Name of Claimant: ~"n~-~ / ~ ~ hE,` /v/'rP5
Home Address:
Home Telephone: Work Telephone:
2. f~ee4~~ddress to which the person presenting the claim desires notices to tie sent:
(If diiferer~t from above)
3.
Name of Addressee:
Rrml.~fi~ e.1.a.•~~•
Date of Occurrence:
Location: /
Circumstances giwn~
R~rG~eus .ni„o,
. ~
rise to this claim: /(-f/~~ t ~ ~
~uhdr/ An~ (/~o~~l/ions a
~ ' L~ ~ ~ ~ Y~iTG i
a~,~ T ~,~,~~,~
`t c Jai ons ever
4. General descri~Ption o~the
SS t9 ~,d~
r r
n _ . ._-~"
P PGA
:e~ess, oblig
e~_ _ i.
Time of Oocun'ence: ti/~
~u c f):~ ~_ A-
/a i~g~~~t-~
-yP~ r~
~^
6~~~/ _ s. ~_ _ ~
~/i t'Ma/fc'ial.~S 4
injury, damage or loss mcum
2: ~°~
~i .
•.. ,
~s
~~
(,~//O ~/dbpf/r ta a~
far as y u now know.
/ rr
Page 1 of 4
The date, place and other arcumstances of the occurrence or transaction from which the claim arises.
5. The name or names of the public employee or em loyees causing the injury, damage, or loss, if known.
Q1~'c ~~ lilil /+S c a ~ „
_ ~
/~ ~ ~' / r- - ~ -
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 daim, 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 daim, together with the basis of computation of
the amount claimed (include copies of all bills, invoices, estimates, etc.)
Amount Claimed and basis for computation:
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not
provide a dollar amount in the claim. However, your daim must indicate whether it would be a limited civil case.
A limited avil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not
exceed $25,000. An unlimited dvil 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. Addltlonally, 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 daim
arises:
~n a e ~ ~'~t ~ e o .-~ ~ ~ ti ~
u rG d ~ $ l- Lt r-
8. If the aim involves medical treatmen foF~a claimed injury, please provide the name, address and telephone
number of any doctors or hospitals providing treatment:
If applicable, please attach any medical bills or n3ports or similar documents supporting your claim.
9. If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: Telephone:
Address:
Insurance Policy No.:
Insurance BrokeNAgent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle Make/Year:
Claimant's Drivers Lic. No.: F~cpiration:
If applicable, please attach any repair bills, estimates or similar documents supporting your claim
Page 2 of 4
READ CAREFULLY
For all acddent 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 acddent 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 -~
PARKWAY
SIDEWALK
CURB
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:
`~ o~ ~~ F~- /~P s, Esp.
~'I~d/n?~ ~~ l.~ ~Giln~av~l 5
r~Qvl (~u~tn
Page 3 of 4
Certificate of Service
I, Douglas A. Ames, ~~ er the age of 18 and not a party to this action. On November 14, 2008,
mailed via e~~ the attached "Claim against the City of Tustin" submitted by Claimant
Angel Isabel Torres to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin,
California 92780.
I declare under penalty of perjury that the foregoing is true and correct. Executed on November
14, 2008 in Fountain Valley, California.
Douglas es