HomeMy WebLinkAboutCC 6 CLAIM #91-44 10-07-91,AGENDA/a--
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SEPTEMBER 26, 1991
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
CONSENT CALENDAR NO. 6
10-7-91
SUBJECT: CLAIMANT: GILBERT MURRIETA; D/L: 03-13-91; DATE FILED W/CITY:
09-12-91; CLAIM NO: 91-44; CARL WARREN FILE NO: S 66652 CLB
After investigation and review it is recommended that the
above -referenced claim be rejected and the City Clerk directed to
give proper notice of the rejection to the claimant and to the
claimant's attorney.
Very tAt� amours
JA OURKE
Ci y Attorney
1G R: jab(CL-9144. jab)
Enclosure: Copy of Claim
cc: Carl Warren & Co.
Finance Director
City Manager
City. of Tustin
' l AGAINST THE CITY OF TUf-
(For D, ,es to Persons or Persona; :operty)
The law provides generally that a claim must be filed with the City Clerk of
two City of Tustin within 6 months after the incident or event occurred. Be
e your claim is against the City of Tustin, not another public entity.
h..ere space is insufficient, please use additional paper and identify
information by paragraph number. Completed claims must be mailed or
delivered to the City Clerk, City of Tustin, 15222 Del Amo Avenue, Tustin,
California 92680
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK
TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California:
The undersigned respectfully submits the following claim and information
relative to damage to person and/or property:
1. a. NAME OF CLAIMANT: GILBERT 'PLUMEDA 'MURRIETA
b. ADDRESS OF CLAIMANT:
C. CITY/ZIP CODE:
d. TELEPHONE NO:
f. SOCIAL SECURITY NO:
g. DRIVERS LICENSE NO:
2. Name, telephone and post office address to which claimant desires notices
to be sent (if other than above): Jesse J. Banuelos, Esq.
GUTIERREZ & GUTIERREZ
29.66 ...Wilshire',BIVd .
Los Angeles, Calif. 90010
3. This claim is submitted against: '(213) 484-0098
a. The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
C. XXX The City of Tustin and the following employee(s) of the City
of Tustin only:
Offcr. D. Havourd (Tustin Police Dept.), I.D.#710; and OfficF_
Robert Labarge (Tustin P.D.), I.D.#610.
4. Occurrence or event from which the claim arises:
a. DATE: 03-13-91
b. TIME: 07:00 a.m.
C. PLACE (Exact and specific location): 15520 Tustin Village [lay, 24,
in the City of Tustin.
d. HOW and under what circumstances did damage or injury occur? Specify
the particular occurrence, event, act or omission you claim caused
the injury or damage (Use additional paper if necessary):
Off rr_ T.aharaP un1;;wf>>1 I 3 and wi thnut- raus-e nr nrn unr•arinn ass nul ted,
Shnt and wn>>ndad claimant M>>rriPta in violation of Mr. Murrieta's civi
right—, under the U -S. And State of California Constitutions, as well a
ottier state and federal laws and statutes.
e. WHAT particular action by `he City, or its employees, caused the
alleged dama in
SEE item #4(d e,
x•
Give a description of the injury, property damage or loss so far known at
the time of this claim. If there were no:injuries, state "no injuries".
Suffered a gunshot to his left arm. the' -bullet passed through his left
and penetrated the abdominal cavity, an'd finally came to rest insi.d&-•his
lower chest area.
6. Give the name(s) of the City employee(s) causing the damage or injury:
Offcr. Labarge was the one who fired the weapon that -caused the injury.
7. Name and address of any other person injured: N /.A
8. Name and address of the, owner or any damaged property: N/A
9. Damages claimed:
a. Amount claimed as of the date: Unknown; claimant is still under med
b. Estimated amount of future costs: ical care; and will continue to be
c. Total amount claimed: uncertain. for some time to come.
d. Attach basis for computation of amounts claimed (include copies of
all bills, invoices, estimates, etc.
Claimant is still awaiting receipt of such documentation
10. Names and addresses of all witnesses, hospitals, doctors, etc.
Claimant was seen..::._. in the E/R of Western Medical Center, in Santa Ana;
The identity of all witnesses known to claimant is Eontained in the police
report of the incident, which was prepared by the Tustin P.D.
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM!!
(Penal Code Section 72; Insurance Code Section 556.0)
I have read the matters and statements made in the above claim and I know the
same to be true of my own knowledge, except as to those matters Stated to be
upon information or belief and as to such matters I believe the same to be
true. I certify under penalty or perjury that the foregoing is TRUE AND
CORRECT.
Executed this day of 19 at Tustin California.
DATE FILED:
IMANT'S SIGNATURE
=ORM
Revised 4/29/91
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