HomeMy WebLinkAboutCC 9 CLAIM #90-40 11-19-90DATE:
TO:
FROM:
NOVEMBER 13, 1990
HONORABLE MAYOR AND CITY COUNCIL
CITY ATTORNEY
)NSENT CALENDAR N0. 9
11-19-90
Inter- Com
SUBJECT: CLAIMANT: JOSEPH DE LA RIVA, ET AL; D/L: 5/11/90; DATE FILED
W/CITY: 11/05/90; CLAIM NO: 90-40; CARL WARREN FILE NO: S
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.
am.- ROAUR KE
City Attorney
JGR:kbg(claim.frm)
Enclosure: Copy of Claim
CLAIM FOR MONEY OR DAMAGES
TO: CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
NAME OF CLAIMANTS:
(File Original)
Refer Answer To:
RICHARD C. GILBERT
Attorney at Law
505 City Parkway West
Suite 900
Orange, CA 92668
(714) 634-4242
Joseph De La Riva, Sr., Lori De La Riva, Joseph De La Riva,
Jr., Adam De La Riva, Mikah De La Riva, and Sara De La Riva
ADDRESS OF CLAIMANTS:
EXACT DATE AND HOUR DAMAGE OR INJURY OCCURRED:
May 11, 1990 at approximately 7:59 A.M.
WHERE DAMAGE OR INJURY OCCURRED:
15991 Bliss Lane, Apartment A, Tustin, California 92680
WHAT PARTICULAR ACT OR OMISSION ON THE PART OF THE
COUNTY/CITY OFFICERS OR COUNTY/CITY EMPLOYEES CAUSED THE
INJURY OR DAMAGE? (GIVE EXACT AND FULL DETAILS).
Police officers unlawfully and tortiously restrained Joseph
De La Riva, Sr. from saving the life of his son in his
residence.
WHAT DAMAGES OR INJURIES DO YOU CLAIM RESULTED?
Intentional and/or negligent infliction of mental distress,
negligence, false imprisonment, battery and wrongful death.
WHAT SUM DO YOU CLAIM FOR EACH ITEM OF INJURY OR DAMAGE?
(SHOW BASIS OF COMPUTATION OF THE AMOUNT CLAIMED, SUCH AS
THE DATE AN ITEM WAS PURCHASED, AMOUNT OF MEDICAL BILLS,
ETC.)
$5,0001000.00 - Wrongful death
$5,000,000.00 - Intentional Infliction of Mental Distress
$5,000,000.00 - Negligent Infliction of Mental Distress
$5,000,000.00 - Negligence
$5,000,000.00 - False Imprisonment
$5,000,000.00 - Battery
NAMES AND ADDRESSES OF WITNESSES, DOCTORS, AND HOSPITALS:
Tustin Police Officers - See police report
Tustin Fire Department - See fire report
Discovery is still continuing.
I swear or affirm that the foregoing is true and correct
under penalty of perjury.
Executed at Orange, California, this 5th day of November,
1990.
/71p,- / 0 zqz�-
ICHA D C. G L fRT,
Attorney for Claimants
NOTICE:
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for
allowance or for payment to any state board or officer, or
to any county, city or district board or officer,
authorized to allow or pay the same if genuine, any false
or fraudulent claim, bill, account, voucher, or.writing, is
punishable either by imprisonment in the county jail for a
period of not more than one year, by a fine of not
exceeding one thousand dollars ($1,000.00), or by both such
imprisonment and fine, or by imprisonment in the state
prison for a period of not more than five years, by a fine
of not exceeding ten thousand dollars ($10,000.00), or by
both such imprisonment and fine."