HomeMy WebLinkAboutCC 7 CLAIM #86-34 07-21-86CONSENT CALENDAR
NO. 7
FROM:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
CITY A'z-~0RNEY
CLAIMANT: CASTILLO, ABEL; D/L: 3/16/86; DATE FILED
W/CITY: 6/24/86; CLAIM NO: 86-34; CARL WARREN FILE NO:
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.
JAMES G. ROURKE
City Attorney
JGR (F 4. se )
Enclosure:
Copy of Claim
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RA~ALL L. EITE & ASSOCIATES
1502 North Broadway
Santa Aha, California 92706
(?14) 544-4132
(714) 953-5133
Attorneys for Claimant, ABEL CASTILLO
SUPERIOR COURT OF t ~E STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
ABEL CASTILLO,
Claimant,
VS.
TUSTIN POLICE DEPARTMENT; OFFICER
BRYAN MEDER; OFFICER JAMES
CAMERON; OFFICER ALEX KIILEHUA;
OFFICER KEITH ARRANTS; OFFICER
CHARLES CRANE; OFFICER STEVE
LEWIS; OFFICER RON FRAZIER and
DOES 1 through 25, inclusive
Respondents.
.CLAIM- FOR PERSONAL
INJURIES
[Gov. Code Sec. 910]
TO THE RESPONDENTS AND EACH OF THEM:
YOU AR~ H~REBY NOTIFIED that ABEL CASTILLO whose
address is c/o RANDALL L. EITE & ASSOCIATES, 1502 N. Broadway,
Santa Aha, CA 92706, claims damages for personal injuries on
March 16, 1986, in an amount computed as of the date of
presentation of this claim, of not less than One Million
Dollars.
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This Claim is based upon damages
on-or about March 16, 19'86., at 13270 Newport Street,
.California 92680, under the following circumstances:
suffered by claimant
Tustin,
Claimant ~as being sought for ~rrest by the Tustin
Police when his vehicle was trapped and immobilized by
.surrounding police cars. At that time, the Tustin
Police approached claimant's vehicle and proceeded to
spray mace in the driver's window on to the .face of
claimant. At that time, the police withdrew the
claimant from his vehicle, pinned him to the. ground
and proceeded to apply the "Nova XR 5000" stun gun for
approximately five (5) to seven (7) seconds. At that
time, the police applied the "Nova XR 5000" stun gun
again to claimant producing a second burst from the
gun of five (5) to seven (7) seconds.
The names of the public employee causing claimant's
damages under the above-described circumstances is: OFFICER B.
MEDER, Badge No. 652. Accompanying OFFICER MEDER were OFFICERS
CAMERON, KIILEHUA, ARRANTS, LEWIS, FRAZIER and LIEUTENANT CRANE.
It is claimant's contention that excessive force was
used in the arrest herein described in and that seven (7)
officers were present during the arrest of one man coupled with
the use of mace and that the stun gun was not required to place
claimant under arrest and that at no time were the Officers in
danger of life and limb.
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The ~uamages sustained by claimant as far as kncwn, as
of the date of presentation of this claim, consist of: the
full nature and extent of claimant's damages is 'unknown at the
present but include lost wages, property damage, personal
injury and pain and suffering. .
The amount claimed as of the date of presentation of
this claim is computed as foilows:
Special damages:
General damages:
Total damages incurred to date:
Estimated prospective damages as
far as known:
Other prospective damages:
Prospective general damages:
The total amount claimed as
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of the date
of
presentation of this Claim is not less than One Million Dollars.
"Ail noticgs or other Communications with regard to
this claim should be sent: c/o RANDALL L. KITE & ASSOCIATES,
1502 N. Broadway, Santa Aha, CA 92706.
DATED: June 23, 1986
By:
RANDAL~L. HITE & ASSOCIATES
~ndall L. Kite '
AtUcorneys for Claimant,
ABEL CASTILL0
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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE '
I am e~ployed in the County of Orange, State of California.
I a~ over the age of -eighteen (18) and not a party to the
within action; my business address is: 1502 North Broadway,
Santa Aha, California 92706.
On June 23 , 19 86 , I served the foregoing document
described as CLAIM FOR PERSONAL INJURIES iGor. Code Sec.
910] on the Interested Parties in this action by placing a true
copy thereof enclosed in a sealed envelope by CERTIFIED MAiL -
Return Receipt Requeste~ addressed as follows:
TUSTIN POLICE DEPARTMENT
300 Centennial Way
Tustin, CA
Ix /
(BY MAIL) I caused such envelope with
thereon fully prepaid to be placed in the
States mail ~t Santa Aha, California.
postage
United
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E~ecuted on June 23
, 19 86 , at Santa Aha, CA.
(BX PERSONAL SERVICE) I caused such envelope to be
delivered by hand to the offices of the addressee.
Emecuted on
, 19 , at Santa Ana, CA.
(State) I declare under penalty of perjury under the
laws of the State of California that the above is
true and correct.
LINDA M. KAPANO
Type/Print Name
0630a
/ (Federal) I declare that I am employed in the office
of a member of the ~-~ar of this court at whose
direction ~he service/was~made. '
t ~$tm'W. Nimitz