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Home My WebLink About05 CLAIM 09-33 - SOUKERIS 12-01-09Agenda Item • Reviewed: ~~ AGENDA REPORT City Manager -- Finance Director N/a ~. MEETING DATE: DECEMBER 1, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES SUBJECT: CONSIDERATION OF CLAIM OF LEO SOUKERIS, FIRST OLYMPIC REALTY, INC., CLAIM NO. 09-33 SUMMARY: The claimant alleges that Tustin Police damaged doors and door frames while conducting a search of his apartment building. The Police were executing a search warrant at the location with the assistance of the Santa Ana SWAT team. During the execution of the warrant, Officers came upon an interior locked door. With the permission of the resident, the Officers had to force open the door in order to search the room. . RECOMMENDATION: That the City Council deny Claim Number 09-33, Leo Soukeris, First Olympic Realty, Inc., and direct Staff to send notice thereof to the Claimant. 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 while executing a search warrant, and obtained the permission of the resident to force the door open when no key was available. Staff is recommending denial of the claim. Krlstl Recchia Director of Human Resources ATTACHMENT: Copy of Claim No. 09-33 s:\general liability\claims\saukeris, leo -first olympic realty inc. 09-33\soukeris, leo first olympic realty -agenda report - gl claim denial 11.13.09.doc ('. ~. CLAIM AGAINST THE CITY OF TUSTIN (For Damages t C ~ T Y ~F P,g~s~q~l~roperty) ceived Via: II UU !! ~~ Time Stamp: U.S. Mail Inter-office Mail 1009 SEP 2 ~ A 9t 3 3 ^ Over the Counter Claim No: D 7' -~ .3~ 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 Gaims 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 C. 2. 3 Home Telephone Work Telephone: Post Office address to which the person presenting the claim desires notices to be sent: (If different from above) Name of Addressee: ~ ~ ~ ~,.. Post Office Address: Date of Occurrence: `''~ ~- Location: Circumstances giving rise to this ... Telephone: Time of Occurrence: 3 S 4 ~a~ ~. x ~~~~ _I f~ 1 ~ ~ ~~.} f G, c 1 ,J~ ~~. ! IV Page 1 of 4 Name and Post Office address of the Claimant: The date, place and other circumstances of the occurrence or transaction from which the claim arises. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know. I + ~.. - ti The name or names of the public employee or employees causing the injury, 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: ~ ~..~ ~ ~~ ~ , ( ~ ~G L cit.. ~ "L 2 ~. ~ _ __ 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 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 9fICPC' ~~ 'r 8. !f applicable, please attach any medical biQs or reports 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.: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 4 `..- c ~ ~. ~---- ------_ _ y ~~ ~ f_~. ~' 'may // 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: i ~; 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 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: Page 3 of 4 _, INVOICE ~~ ~ ~ r.~ ~,~ COY -~ No. INVOICE DATE ~: CUSTOM~i`$ ORDER NO. SALESPERSON SHIPPED V1A TERMS FO.B. . /,. ~.. SY.V 'S!t~j ..L _. ~~. 9; v-`+3-~~C~~.. ~~ ,r ...G ..c -.'..-'~•~Ni.. _. Y~F 11'1 ~.v _~-, .. .~ _ : ~~~ s A `~ TF-IE F-IOME DEPOT 6680 175i ~ E EDINGER AVE. , SANTA ANA , CA 92705 S1 ORE MANAGER JEfF KELLER 714)259-1030 6680 00006 55845 09/14/09 SALE 11 DAM6028 11:31 AM `~ ~,y. ~> •~~'~r ~~~~ ~~ 1 t9 769887002865 1X8X8 N0.2 <A,S> 6.67 099443812448 MOULDING <A' 17 22 35.74 030151007085 30X80 PRHNG <A> 58.00 030699156726 HINGE 3PK <A' 17.98 2[8.99 030699236619 PLASTBAGGDS <A> 2 36 201.18 030699235711 PLASTBAGGDS <A> 1.18 SUBTOTAL 103.41 SALES TAX 9.05 TOTAL $120.00 CASH CHANGE DUE 7.54 I~III~IIII~III II~IIIIIIIIIIIIIIII ~II~II~III IIIIII ~IIII 66$0 06 5 845 09/14/2009 1465 RETURN POLICY DEFINITIONS A POLIC1 ID D9YOS POLI12 13P2009 ON THE HOME DEPOT RESERVES THE RIGHT TU LIRETURN POLICYTSIGN INLST RESEFURHE DETAILS. GUARANTEED LOW PRICES LOOK FOR THOUSANDS OF LOWER PRICES STOREWIDE .................,.......~_WW..ww.....~.....W..W._....• \_..; , ~tvRN t~ FlZoN7 ~t=Gi~E Police Department CITY OF TUSTIN 300 Centennial Way, Tustin, CA 927b0 Records: 714/573-3 200 • Fax: 714/Z30-8027 www. tustinca. nrg ti The Tustin Police Department is committed to a policing model of Community Goverance. To that end, the Mission is to.work in part- nership with other city departments, the residential and business community, and other governmental and non profit agencies to reduce crime, provide a sense of safety and security, and improve the quality of life for those who visit live, and work in the City of Tustin. CR# (/~~~d~~ r