HomeMy WebLinkAboutCC 5 CLAIM #89-23 08-07-89:L\ ---- -- ' -, : .... ~., :,. CONSENT CALENDAR
~, .,~ ~,..' ' ,l .... :,'.~: :~ ,!. '., .~ ~ NO. 5
DATE: 3UL~ 24, 1989 ~~~~/ ~ ww.~m -- ~ ~w~w
jUL 2 7 1989
TO:
HONORABLE MAYOR AND CITY COUNCIL
FROH: CITY ATTORNEY
SUBJECT: CLAIMANT: MATTHEW SARMIENTO; D/L: 5/16/89; DATE FILED
W/CITY: 6/29/89; CLAIM NO: 89-23; CARL WARREN FILE
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.
/
,....
~A~,S/G, ~OU~
City Attorney
JGR:D: 7/24/89 (F4)
Enclosure: Copy of Claim
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HORTON BARBARO &
I. AWYleR$
200 NORTH MAIN STREET
SECOND F~.OOR
· (7'!4) 835-2,122
Attorneys for Claimant
(SPACE BEIX)V,' FOR FILING STAMP ONLY)
MATTHEW SARMIENTO, a minor
by and Through his Guardian
Ad Litem, ISABELLE SARMIENTO
Claimant,
VS.
CITY OF TUSTIN, TUSTIN POLICE
DEPARTMENT, TUSTIN UNIFIED
SCHOOL DISTRICT and DOES
1 through 25
Respondents.
CLAIM FOR PERSONAL
INJURIES
Government Code
Section 910)
TO'
CITY OF TUSTIN
300 Centennial Way
Tustin, California
TUSTIN POLICE DEPARTMENT
300 Centennial Way
Tustin, California 92680
TUSTIN UNIFIED SCHOOL DISTRICT
300 S. "C" Street
Tustin, California 92680
YOU ARE HEREBY NOTIFIED that MATTHEW SARMIENTO,
and through his Guardian Ad Litem, ISABELLE
minor by
SARMIENTO,
claims
·
DEPARTMENT,
damages from the CITY OF TUSTIN,
TUSTIN UNIFIED S_CHOOL DISTRICT, in
estimates .as of the date of presentation of this
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This .claim is based on personal injurie, s sustained ·
by claimant on or about May 18, .... 1989, at Thorman Elementary
School located at 1402 Sycamore Avenue, Tustin, California
under the following circumstances' ·
.~ :~.
On May 16, 1989, the minor claimant, ~-MATTHEW'
SARMIENTO, was participating in a demonstration put on by the
Tus~in Police Department and their canine dog. While 'the
minor claimant was participating in this demons~ratio.n, the
police canine dog broke loose from the police officer leaped
over several students and attacked the minor claimant.
The true identities of DOES 1 ~hrough 25, and each
of them, are unknown. Claimant is informed and believes and
thereon alleges that said DOES were teachers, agents,
servants, and/or other employees of the City of Tustin,
Tustin Police Department and/or Tustin Unified School
District.
The injuries sustained by Claimant, as far as known,
as of the date of presentation of this claim, consist of
puncture wounds to arm, laceration, scrapes, bruising and
emotional distress. There exists a need for future medical
care and attention and potential plastic surgery. Claimant
has further suffered severe psychological damage due to this
incident.
The full nature and extent of the injuries and
damages including medical bills are currently unknown to
claimant.
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Claimant's injuries were directly and proximately
caused by the negligence, unlawfulness and carelessness of
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City of Tustin, Tustin pOlice Department,-:~T~'stin Unified-'-~
~School District
carelessness,
necessarily
and/or failure to
DATED: June 27,
and
and
limited
control.
1989
DOES 1 thrOugh 20, .... which ~negl igen'~e
unlawfulness includes but is not'
to the failure to supervise, maintain
·
BARBARO & REILLY
HORTON,
By'
DOUGLA~,A. SCOTT
Attorney for Claimant
· . .
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