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HomeMy WebLinkAboutCC 3 CLAIM #86-12 07-07-86 CONSENT 0ATE: ~-ne 9, 1986 HONORABLE MAYOR ~ CITY COU~IL/ TO: FROM: S UBd ECT: CITY ATTORNEY CLAIMANT: COWART, CANDICE LILY; D/L: FILED W/CITY: 4/4/86; CLAIM NO: 86-12; 2/2/86; DATE CARL WARREN 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. THOMAS Assistant City Attorney JGR (F4. se ) Enclosure: Copy of Claim CLKIM AGAINST THE CIT~ OF TUSTIN' (For Damages to Persons or Personal Property) Received by via U.S. Mail Inter-office Mail Over the Counter The law provzdes generally that a clalm must be ~lled wlth the Clty Clerk of the City of Tustin within 100 days after which the incident or event occurred. Be sure your claim is against the"City of Tustin, not another public entity. Where space is insufficient, please use additional paper and identify informa- tion by paragraph number. Completed claims must be mailed or delivered to the City Clerk, The City of Tustin, 300 Centennial Way, Tustin, California 92680 TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Tustin, California: The undersigned respectfully submits the following claim and information rela- tive to damage to persons and/or personal propeFty: NAME OF CLAIMANT: CANDACE LILY COWART a. ADDRESS OF CLAIMANT: b. PHONE NO: ( c. DATE OF BIRTH: SOCIAL DRIVERS d. SECURITY NO: e. LICENSE NO: 2. Name, telephone and post office address to-which claimant desires notices to be sent, if other than above: MARILYN S. SLIFMAN, Esq., 17330 Brookhurst St., Ste 350, Fountain valley, ua. 9~/O~ 3. This claim is submitted against: ae The City of Tustin only. The following employee(s) of the City of Tustin only: c. XX The City of Tustin and the following employee(s) of the City of Tustin only: DOES 1-10 inclusive, identified as police officers employed by the City of Tustin. Occurrence or event from which the Claim arises: a. DATE: 2-2-86 b. 'TIME: 9:00 a.m. c. PLACE (Exact and specific location): 327 E. 2no Street, Tustin, Ca. 92680 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). Police officers responded to call from one Donald Surowiec. former husband of the claimant, and came to claimants home the-~-' ...... ,T .... i .... -~ e. W icular action by the City, or its employees, caused the alleged damage or injury? Give a description of the injury, property damage or loss so far as is known at the time of this claim. If there were no injuries, state "no injuries". M%ntal anguish ~risting from the acts of the police officers to the claimant. 6. G~ve the .~ame(s~ of the C~ty employe~(s) causing the damage or injury: Does l-ID inclusive, unknown to claimant at this time. 7. Name and address of any other person injured: None 8. Name and address of the owner of any damaged property: None Damages claimed: a. Amount claimed as of this date: $1,000,000-.00 b. Eatima~ed amount of future costs: -0- C. Total amount claimed: · S1.000.000.00 d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.: 10. Names and addresses of all witnesses, hospitals, doctors, etc.: a. 11. An~ additional information that might be helpful in considering this claim: 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 unde~ penalty of perjury that the foregoing is TRUE AND CORREC?. Executed this day of March 31, , 19 86 , at Tustin, California. Office of the City Clerk, Tustin, California Revised 8/05/81 JGR:se:R:8/5/8! (A) CLAIM AGAINST THE CITY OF TUSTIN PAGE TWO - Attachment claimant had to give the ex-husband a jacket for the son which he had just recently purchased. Claimant recalls 4-6 officers outside her residence, fully armed, threatening and intimidating her. The true facts are that this is the third time the Tustin Police Department has harrassed claimant at request of the former husband. The former husband has limited visitation with the minor child, he has formerly shown police officers old and modified court orders which are not in effect and demanded they help him get visitation. The former husband is in arrears for child support, has continuously avoided service of process, has an outstanding judgment for attorney's fees and support against him which he refuses to pay and was the fo~ller subject of 23 filed counts of contempt, mostly for harrassment. Further, the former husband last purchased clothing for the minor child in 1984. The acts of the Tustin Police Department are negligent in failing to ascertain the true nature of the domestic problem, and by repeatedly harrassing the claimant, and in this instance, by bringing 4-6 officers to her residence.