HomeMy WebLinkAbout18 CLAIM #95-13 06-19-95NU · LO
6-19-95
dATE:
JUNE 12, 1995
Inter-Com
TO:
FROM:
SUBJECT:
WILLI~iHUSTON, CITY MANAGER
RONALD~~T, FINANCE DIRECTOR
CLAIM NO. 95-13, PAMELA WINEMILLER
RECOMMENDATION:
Pleasure of the City Council.
BACKGROUND:
This item was continued from the City Council meeting of June 5,
1995. The attached report from the City's claims administrator
describes the circumstances regarding this claim.
DISCUSSION:
Captain Wakefield reviewed the facts of this claim and concurs with
Carl Warren!s assessment with'the exception of the determination
that Mr. Martinez was not the right Gerardo Martinez. captain
Wakefield's research indicates that it was determined that this was
the Martinez with outstanding warrants and he did appear in court.
The case was dismissed when Westminster P.D. failed to send an
officer to the hearing.
The Tustin officer followed proper procedures when detaining Mr.
Martinez and impounding his vehicle. -Westminster P.D. failed to
follow-up on the warrant that they had issued against Mr. Martinez
and thereby created the situation that caused the fee for the
impounding of the vehicle owned by Ms. Winemiller.
RAN:ab
CARLWARREN [kCO.
I::suranc¢ Adjusters
(:laim~ Management and Admini$:radon
750 Thc CiW Drive
Sui~c 400
Orange. CA 92668
Mail: RO. Box 25180
Santa A,u, CA 92799-5180
(714) 740-7999
(800) 572-6900
F.~.X: (714) 740-7992 .'
:
Rourke, ~oodruff & Spradlin
Attorn~y_s at Law
701 So~th Parker St., Suite 7000
Orang~, CA 92668
/
Attefition: Lois. Jeffrey
City Attorney
May 17, 1995
RF-C VED
FINAi C£ OEP(
RE: City File : 95-13
Principal : City of Tustin
D/Incident : . 4/18/95
Claimant : Pamela Winemil!er
Our File : S 84131 PRB
REVIEW: The claimant requests reimbursement for tow and
storage of her vehicle.
STATUS: A claim was timely filed on April 27, 1995. We are
recommending the City deny this claim. The Statute of
Limitations will expire six months from the date the City's
denial letter is sent.
This appears to be a case of very questionable liability on
the part of the City. Per a verbal report from Capt. Fred
Wakefield of the Tustin Police Department, the claimant's
vehicle was being driven by her son's friend, Gerardo
Martinez. Mr. Martinez was stopped for not wearing his seat
belt. When the officer ran the "Wants and_Warrants," he-
found an outstanding Westminster Police Depar~ent warrant
with the name of Gerardo Martinez, having the same physical
description and a birth date only one day dif-ferent from the
driver. Mr. Martinez was arrested as the person on the
warrant. The vehicle was then impounded, pursuant to the
California Vehicle Code. Mr. Martinez-was then turned over
to the Westminster Police Department and it was later
determined that he was not the Gerardo Martinez in the
outstanding warrant. However, in the meantime, the claimant
had to pay towing and. storage for her'vehicle.