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HomeMy WebLinkAbout12 CLAIM J. URSHAN 11-03-97 LAW OFFICES Of X,¥OODRUFF, SPRADLIN & SM A PROFESSIONAL CORPORATION MEMORANDUM TO: Honorable Mayor and Members of the City Council City of Tustin FROM: City Attorney DATE: October 29, 1997 RE: Claim of Jonathan Urshan; Claim No. 97-39 NO. 12 11 =3=9 7 RECOMMENDATION' After investigation and review by this office and the City's Claims Administrator, it is recommended that the City Council deny the claim and send notice thereof to the claimant and the claimant's attorney. DISCUSSION' This is a claim for one (1) million dollars alleging extreme emotional distress, embarrassment and humiliation. The claimant was "resting" in a vehicle owned by someone else. The vehicle was parked in the parking lot of a convenient store. He was asked by police officers to exit the vehicle and later asked if they could search the vehicle. He gave permission to do so. While the vehicle was being searched the claimant became agitated. He was briefly handcuffed until the search of the vehicle was completed. After discussions with store personnel, the officers released the claimant. In our opinion, this brief, nonviolent detention of the claimant does not give rise to liability on the part of the City or its police officers. ,", ,.... .. LOIS E. JEFFREYI' ,2, Enclosure cc: William A. Huston, City Manager 1102-9739 54277_1 'the o; City Clerk Septe.~uber 22, 1997 Carl Warren & Co. P. O. Box 25180 Santa Ana, CA 92799-5180 Re: Transmittal of Document(s) Claimant: Jonathan Urshan Claim No.: 97-39 Filed With City: 9-18-97 ' City of Tustin 300 Centennial Way Tustin, CA 92680 (714'~ ~ ~ o-3026 t~ FAX (714) 832-0825 .? ,,'- /?/? ,_,., ~'~ ...... ~. ":-.~ . ~ .~i~,2~;~ Receipt of Claim/Summons and Complaint by the City Clerk's Office on: Date: 9-18-97 Time: 1:30 p.m. By: Personal Service upon the undersigned Regular Mail Fed Ex interdepartment Mail The enclosed Claim (or Application to File Late Claim) was presented to this office as indicated above and has been referred to the appropriate City department for its investigation and also to the offices of Woodruff, Spradlin and Smart, Attn: Lois E. Jeffrey, City Attorney. By this letter, you are authorized to commence the necessary investigation of this claim on behalf of the City. We request that you give such notices as may be appropriate to the City's insurance carrier(s) and further request that you submit your preliminary and all subse~.-uent reports to the City, with a copy to the City Attorney and to the insurance carrier(s) if they so request. Upon receipt of advice from the City Attorney, we will plan to present this matter to the City Council and/or take such other steps as are directed by the City Attorney. · Other: A copy of this letter and enclosures were sent on 9'22-97 to the City Attorney and Department Head, and the original was forwarded to the Finance Department. inca_eLy, / I" /-x .. Chief Deputy/q~ty Clerk . Enclosures ROBERT F. TEAFF 8950 Villa La jolla Drive Suite 2212 La Jolla, C_A 92037 (619) 457-2470 (619) 452-9484 (FA.X) TR_~_NSMITTA_L MEMORA_NDUM September 17, 1997 TO: City Clerk City of Tustin 300 Centennial Way Tustin, CA 92780 RE: Claim Against The City of Tustin ENCLOSURE(S)- Original and one copy of Claim Against The City of Tustin and reD'Iv enve'~oDe For Your inforraation & Files Acknowledge Receipt For A~propriate Action Per Discussion Sign and Return XX Please Return receipted copy in return envelope Please Call Have Signature Notarized A. DDITI ONA~, RE?~_RKS: Secretary to Robert F. Teaff Enclosure __y of Tus~in ._AIM AGAINST TIFF. CITY OF SriN (For Da_~ages to Persons or Personal Property) The law provides generally that a claim must be filed with the Cizy Clerk of .5h~ city of Tu~tin within 6 months after the incident o:- event occur, red. Be su~a your claim is against the C{tY of Tustin, not ate%her public entity. _ ~ n~i · .~ ~ is insufficient, - ~..~e_ e space pi ease use additional paper and ide fy !nforma=ion by paragraph number. Completed claims must be mailed cr delivered to the city Clerk, City of Tustin, 300 Centennial Way, Tustin, ca!ifornJ, a 92780 ~q~=,N CO.~PLET!NG THIS F©P-~, PLEASE TYPE OR USE D~--ACK INK ,~' COUNCIL, City of Tustin, California: 'TOTHE HONOR_ABLE ¥~AYOR ~.~D CITY The undersigned respectfully submiSs the following claim and info_~T~ation relative to damage to person and/or property: i. a. NA_ME OF CLAIMA3{T' JONATHAN URSHAN b. ADDRESS OF CI~AI~'~.NT' d. TELEPHONE NO: ~ f. SOCIAL SECURITY NO' 2. Name, 5e!ephone and post office address to which c!a'-- ~ ~o be sent (if other than above)' ROBERT F. TEAFF ( ------- 3. This claim is submiuued against: a. The City of Tustin only. b. The following emp!cyae(s) of the City cf Tus~in only' c. X The City of Tustin and ~he following employee(s) of the city of TuStin only: Police Officers Havourd (Badce No. 7!0~' ~rc~]4~= (m~a~ _ No. 748)=_of. the. C~ty--Qf ~AL~-n~PO'li~e'''DeD~r't~ent 4. Occurrence or event from which the claim arises' a. DATE: March 2q, 1997 b. TIME' ADsroximatelv 8:15 -m c. PLACE (E---~a~ ~ location): AM/~ ~ ~ u~ ~ ~' and Mitchell Avenues=_CitV of Tusti =he particular occurrence, event, age (Use additional paper if necessary)' e. ~-P~T par~icula~ .cnicn by the city, or { alleged damage', injury? (attached) ' employees, caused the 5. Give a descripticn of the injury, property damage or loss so far known at the time of this claim. If there were no injuries, state "no injuries". Extreme emotional distress~ embarrassment and h.~mi.li__a_~ion- 6. Give the name(s) of the City emD!ovee(s) causing the damage or injury: Tustin Police Officers Ha~:ou__rd and ..Ma__r_~ulies .. 7. Name and address of any other person injured: None other. $. Name and address of the owner or any damaged property: None other. 9. Damages claimed: a. ~mount claimed as of the date: S500,000.00 b. Estimated amoun~ of future costs: $500,000,00 c.. Total amount claimed: $!,000,000...0__Q_0 d. Attach basis fcr computation of a~un%s claimed (include copies of all bills, invoices, estimates, etc. Prospective professional assistan¢ and actual and punitive damages. ~] witnesses, hospitals, doctors, etc. !0. Names and addresses o~ a - Employee at AM/PM Mini Mart W~R2~ING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLIiM~ ~ (Penal Coda Section 72; Insurance code Section 556.0) I hays read the matters and statements made in the above claim and I know the same 5o be 5rue of my own knowledge, excep~ as to those ma~ters stated to be upon infor~,,~,ation or belief and as ~o such matters I believe the same to be true. I certify under penalty or perjury that the foregoing is TRUE AJ~D Executed this [6 day of ~~ ~e~ ,19 ~'?_, at.~., California. DATE FILED: CLAI S SIGNATURE B !: C R.~vised 8/96 CLA~-M AGAINST THE CITY OF TUSTIN 4.d. While resting in a privately owned vehicle, in the parking lot of a convenience store with.the ex!press permission of store personnel, from whom I had purchased first gasoline and later a sofn drink, I was approached by Police Officer Havourd. Havourd asked me to exit the vehicle, which ! did~ and I was "frisked" After further conversation, Havourd, who had been joined by Officer Margulies, asked to search the vehicle, i gave pe_rYnission to do so. While it was being searched by Havourd, I became further concerned about the manner in which Havourd was disturbing the contents of the vehicle, and I asked them ~bo~ it. They then arrested me and handcuffed me. They comp!e~ed ~he search of the vehicle. After further conversation, they verified from the enmployee in the convenience store what I'had told them earlier, which was that i had obtained his permission to rest in the vehicle on the property. Then nhey took off the handcuffs and we awaited arrival of ~ t~=_= supervisor, Sgt. Bee!er, who was presenn during the process of obtaining the identification of al! Officers who were there. The action by the Officers caused me to experience extreme mental suffering and embarrassment, which continues to this date. 4.e. I was wrongfully arrested by the Police Officers, not because I had done anything wrong, but because I expressed a concern about ~he scope of ~ ='~ ~ ~h~z_ formerly permissive search of the vehicle ~= · T~.~ sequence of events shows that they arrested me simply so that they could search the vehicle.