HomeMy WebLinkAboutC.C. 20 CLAIM 91-53 01-06-92CONSENT CALENDAR NO. 20
1-6-92
AGENDA
--- -- Inter -CQm �'�; :4.♦�
ti
DATE: DECEMBER 30, 1991
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: CLAIMANT: DAVID CHEY; D/L: 12-02-91; DATE FILED LEGD 839ICLB 12-09-
91; CLAIM NO: 91-53; CARL WARREN FILE NO. _
After investigation and review it is recommended
hatthe
above -referenced claim be rejected and the City Clerk directed
togive proper.notice of the rejection to the claimant and to the
claimant's attorney. 000'.00"s) w
JA S G. ROURKE, City Attorney
J G R: jab(CL-9153. jab)
Enclosure: Copy of Claim
cc: Carl Warren & Co.
Finance Director
City Manager
City of Tustin
_M AGAINST THE CITY OF TIIt .t
(For Damages to Persons or Personal Property)
of
provides enerally that a claim must be filed with the City event occurred. Be
he law p g
;.he City of Tustin within 6 months after Tustin, not another public entity.
sure your claim is against the City of T paper and identify
Where space is insufficient,
please use additional
b paragraph number. Completed claims
informationmust be mailed or
y P
' d to the City Clerk, City of Tustin, 15222 Del Amo Avenue, Tustin,
delivered
California 92680
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK
TO THE H
ONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California:
ed respectfully submits the following claim and information
The undersign res P
relative to damage to person and/or property:
1. a. NAME OF CLAIMANT:— David William Che
b. ADDRESS OF CLAIMANT: 1201 Walnut 1
C. CITY/ZIP CODE: Tustin 92 80
d. TELEPHONE NO:0-9128
DATE OF BIRTH: - 6
e'a livable
f. SOCIAL SECURITY NO: not
g. DRIVERS LICENSE NO: N9_789
— 2. Name, telephone and post office address to which claimant desires notices
to be sent (if other than above):
3. This claim is submitted Tustinonly.
ds
a. The City o
of the City of Tustin only:
b. The following employee(s)
t of Tustin and the following employee(s) of the City
C. XX The Ci y
of Tustin only:
Delbert Pickne Robert Wright David Kre lin
Joe Garcia.
4. Occurrence or event from which the claim arises:
a. DATE: December 2- 1991
b. TIME: 1 A.M. a ut s apa men s •
C. PLACE
Exact and specific location):
1201 Walnut Street
under what circumstances did damage or injury occur? .specify
caused.
d. HOW and you claim
the particular occurrence, event, act or omission
the in ' u or damage (Use additional _�ppaP A rtm ntseS1201y�alnut Street
On �fiber 2 1991 at 1 A.M. at Walnut Last pe.
ecem �
d w a
in Zst in I was illegally d a Robert Wright a d one unknown
Da v d Krell D 1
Pick -
named police of f icer of the Cit 0f Tu "' in .. .
WHAT articuli action by the City, or i employees, caused the
e P
alleged damage injury?
property damage or loss so far known at
5. Give a description of the injury, Pro P y „ "
the time of this claim. If there were no injuries, state "no
o injuries
h of iona.l distress em
invasion of obstructioninfliction
the useeof property
humiliation.
6. Give the name(s) of the Cit employee(s) causing the damage or injury:
individuals are listed in 3(c
7. Name and address of any other person injured:
8. Name and address of the owner or any damaged property:
9. Damages claimed: $150,000.00 compensatory damages,
a. Amount claimed as of .the date:
b. Estimated amount of future costs: punitive damagesq $3009000-00
C. Total amount claimed.
Attach basis for -computation of amounts claimed (include copies of
d•
all"bills, invoices, estimates, etc.
10. Names and addresses of all witnesses, hospitals, doctors, etc.
Vide )tape recnrdinE- of the aments.
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM!!ction .0)
(Penal Code Section 72; Insurance Code
. know the
have read the matters and -statements made in the. above claim matters ns ated to be
I to those
same to be true of my own knowledge, except as
Io believe the same to be
upon information or belief and as to such m
true. I certify under penalty or perjury that the foregoing is TRUE AND
CORRECT.
Executed this 6 day of December 119 91 , at Tustin, California.
DATE FILED: December6 1991 -
"Vu_ rA n
CLAIMANT'S SIGNATURE
B1:CLFORM
Revised 4/29/91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2.:
24
21
2(
2'
24
I did not consent to the search, nor was there probable cause to
believe that a crime had been committed, nor in fact had a crime of any kind
had occurred, nor was there any exigent circumstances to ,justify a
warrantless search.
However they conducted the search of the apartment and held me under
seizure. This constituted not only an unlawful, unreasonable search but
an unlawful seizure in violation of the -4th Amendment to the United States
Constitution.
In addition on December 29 1991, at the Tustin Police Department,
at 300 Centennial Way, in Tustin, my request to file a complaint was denied by
supervisory police officer Joe Garcia of the City of Tustin Police Department.