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HomeMy WebLinkAbout11 CLAIM 09-04, CARRUTHERS 04-07-09Agenda Item ~ Reviewed: _ _~ AGENDA REPORT City Manager Finance Director MEETING DATE: APRIL 7, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES 11 NIA SUBJECT: CONSIDERATION OF APPLICATION FOR LEAVE TO PRESENT LATE CLAIM OF JAMES CARRUTHERS, CLAIM NO. 09-04 SUMMARY: The Claimant alleges dog bite injuries and a broken arm stemming from the use of a City of Tustin Police Service Dog. On May 3, 2008 the Claimant was involved in a felony hit and run traffic collision in the area of 17th Street and Holt Avenue in the unincorporated area of Santa Ana. Tustin PD was called in by the CHP and OCSD as an agency assist to locate the Claimant, who was considered a fleeing felon. The Claimant was located by a Tustin Police Service Dog, and despite being properly warned of the potential use of the dog he refused to give himself up. The Police Service Dog was therefore used to apprehend the Claimant. The Claimant filed his claim with the City of Tustin on February 23, 2009, which is well beyond the six-month statute. Along with his claim, the Claimant has also filed an application for leave to present a late claim, stating that he was not aware that the agency involved in his capture and arrest was the City of Tustin. The Claimant submitted claims to the City of Orange and the County of Orange on October 21, 2008. RECOMMENDATION: That the City Council deny the Application for Leave to Present Late Claim Number 09-04, James Carruthers, and direct Staff to send notice thereof to the Claimant. FISCAL IMPACT: None. DISCUSSION: Following investigation by the City's Claims Administrator, it appears that this is not a case of liability as to the City of Tustin. The Claimant was given proper notice of the potential for use of the Police Service Dog, and chose to remain hidden. Under the circumstances involved in the Claimant's capture and arrest, it is reasonable to expect that he would be aware of the identity of the Agency involved. Staff is recommending denial of the application for leave to present late claim. I~~~~~z` ~~~~. Kristi Recchia Director of Human Resources ATTACHMENTS: Copy of Claim No. 09-04 Application for Leave to Present Late Claim Carruthers, James -Agenda Report -Deny Petition to Present Late Claim 3.19.09 r ~:LAIM AGAINST THE CITY OF TU~ I"IN (For Damages to Person or Personal Property) Received Via: Time Stamp: ^ U.S. Mail c~TY of TUST~J ^ Inter-Office Mail ^ Over the Counter 119 FED ' Claim No: D `I - ~ y ---v~ PLEASE NOTE: A. Read entire claim 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 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 (Government 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. Name and Post Office address of the Claimant: Name of Claimant: Home Address: Home Telephone: Work Telephone: 2. Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: ~ 3. 4. Post Office Address: ,.,~ Telephone: The date, place and other circumstances of the occurrence or transaction from which the claim arises. Date of Occurrence: ~ `' ~ ~ Time of Occurrence: ~ r'~~ Location: ~ ~C~ ~-~-- Circumstances giving rise to this claim: Page 1 of 4 General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. The na 5. or names of 1 ~~~ ~ublic employee or employees causing the inj ~y, damage, or loss, if known. ' '~ 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: 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 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 Cit of Tustin re uests that ou answer the followin uestions. 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, please 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.: Address: Telephone: 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. Page 2 of 4 READ C, t For au 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 AREFULLY City/Agency Vehicle; location of CitylAgency 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. ~/ CURB %/ SIDEWALK PARKWAY 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: ~ - // ~~ Page 3 of 4 IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION. SIGN BOTH FORMS. f 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 accrual 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 Si ture of Claimant Revised 12/2004 Page 4 of 4 /~ciJ~~ CCI~ ~Tr C [ ~lM 7 G~TCC~gii ~) ~~ ~ ~ ~~~ r ,~ ~ l . ~JG~ f~~ ~,.S ~. ~Gr rd~~;-c~~i el.~ C~-e c:, C~ ~,.P ~ ~ S ~ ~~e ~~ ~~ / Li.S/ i ~ ? / C%~ L-~G'U~ ~C% ~if~S ~~l Gc' ~~~i~2 7 G~CG~ /~7Sj ~? 1 / / ~~ C~Gs~ ~~" ~C/lG`T CI ~ _ / ~J a m e~ ~~ ~C~r ~~,c~l~ ~~ ~ C~ S S~~ ~G'~~`7 i/'J `~iS GCs'/~GSPc~C` Cr~~~i-~ ~i/~~P~" G'~ ~`j,.S / ~ -y~ Ce~,G.~ %Cr ~cn, GCvC~ vT~~:~ Gr- ~~//~z c ~, ,~~G~~ C' ~Gt p~ / ,~/ ~. ~.~! 1 ~ , 7 .S~IVr~,~c~ ~ ~ S' ~r1~ ~~ ; tJcP ~ ~~~5 ~. 1..~ C~r~u~h c~~ Y ,~~~m~s ~. ~~-~~t~~~ s ~~~~G>-, ~i ~ ~~~~~'~ h ~ Q Q i77~s~ ~~~ ~~ C_ i ,~ _/ ~.~ c~~ ~ ~~7 ~~~,~ rrr ~~~ C~c'~ j ~~/~ ~'~S~P,~rc~ G~ L'~ i ~~ ~ ~~ ~ S ~~L C'~~t1' ~.~ ~ ~ ~7 / / VC~~7 P~ J ~/-~x1~-~ ~ ~ l oC-~~ C~c./ t/ CGS ~C7"~~ ~ C~c~'~ ~1 ~ G/ 7~ ~.S ~S~ ~1~7G~ 'O c;~ 11e~' ~'! i ~L ~ iC o / ~Ga 7l C~ ~'~/'~? ~/7E' ~~C,~c`/? F'CC' ~'L C~~`~i'i /G% /JCtG~-e {~P! ~~ P~£'~SP/~G'~ G'Y1 ~o~C~r- ~~ ~ ~ ~p~ O~ ~i S Cf~'~~ rG~~= l/ C~/'111~ CP C°~ Gfn ~~ e C/--C,ti~2~ ~S !"~ ~~tP~~ fJ~ G%oveG~e~ t~C~c~~ ~ z°~~~. 7 ! ~~, ~T. ~~„?FS ~Go9 ~d~~,~ '~ i~ n > r ~ /' `~ CS ~ G ~ l~~r ~v~ c ~~~ ~G ~~ /~ /~ ~~ ~~ . ~ ~1~ ~<<~ ~~7~ ~ ;~~~ ~~~ ,mss ~ ~~~ ~~~ ~°,~ T ~~_ O~cz'~~ "•~ ~~,~,~ ~~~-~ C-U~v7~ p~~ err-~~r ~ ~~~ ~// ~ ----~ `~ ~-2 ~-C~d"G} l 7 S G ~ ~ ~~ ~9 ,~~.; o ~ -~.Yl~ _ i ~: F ~ ~ CITY OF ORANGE 9 ~F~~vrv c-~~4~ r~ CITY CLERK (714) 744-5500 FAX: (714) 744-5515 www.cityoforange.org October 21, 2008 James B. Carruthers Dear ivlr. Carruthers: This is to acknowledge that your claim, filed with the City of Orange, was received on October 21, 2008. This claim is being investigated and once that investigation is complete, you will receive word from the City as to whether the claim is accepted, denied or whether some alternative course of action is recommended. If you have any questions, please contact the City Attorney's Office at 744-5580. Sincerely, %2~ ~- Mary E. Murphy City Clerk cc: City Attorney File ~-~- N:\Claim Letters\Acknowledgement of Receipt.doc ~ / ~. /~ ~ (~-- ~PRINTEO~RANGEP CIVIC CENTER • 300 E. CHAPMAN AVENUE • ORANGE, CALIFORNIA 92866-1(591 ) ~~~ O F O~~ '9l jpp~l`~ October 28, 2008 COUNTY OF ORANGE COUNTY EXECUTIVE OFFICE OFFICE OF RISK MANAGEMENT James R. Carruthers RE: Claimant: James B. Carruthers Date of Loss: 05/03/08 Our File No.: 07-1221 Dear Mr. Carruthers: THOMAS L. BECKETT Risk Manager • Safety and Loss Prevention Program • Workers' Compensation Program • Liability Claims Management Program • Insurance and Financial Management • ADA li Public Access Compliance Telephone 714-285-5500 FAX 714-285-5599 You are hereby notified that the claim you filed on behalf of James B. Carruthers on October 21, 2008 has been received by the County of Orange Risk Management Office for processing. Notification concerning whether the claim is approved or denied will come from this office. Further communications regarding this matter should be directed to the undersigned at the address below. ~ Ver~truly yours, ~ ~ ~ Jeann~ Anacker-Jordan Claim Representative JAJ:nb LACK/ 10-28LACKCarruthets07- 1221.doc 600 W. Santa Ana Blvd., Suite 104, Santa Ana, CA 92701-- P.O. Box 327 Santa Ana, CA 92702 7n ~- ,:- r- 4 ~~~~ ~-~ K q ~~ ~. ~ ~f Q C=~~~veG~ ~ G~/~ ~„7'SL ~~~~ ~%~J~/~ . _.. vim....-_-.x..-.. _. ~. _ , s.i ..; . •... ~-... .~,~•t,...4•-y.. ~~J~ ~~",~,~..,~~ (% l/i 1 (/ ~~ _ ~ ~_ / . . ~~ ~2 ire ;~ ~-, :~~~ 1 ~~ i-' ~` acc~~r~ ~~1~ ~ o~ `~~ .~ _ 1 s ~~ cvm c~2 ~r~z~~ ,~ ~Z~~ ~7'~2-~ ~~ ~~ Z ~ ~ C~i~l r ~ ~~~~ Z ~ /~ ~~ __ , _ ~~ ~ ,-/'