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HomeMy WebLinkAboutCC 8 CLAIM #86-35 07-21-86 HONORABLE NAYOR .AND CITY COUNCIL~..~ FROM: CITY ATTORNEY $~JECT: . CLAIaANT: f. AVALLO, JOSEPH G.; D/L: 3/19/86; DATE FILED W/CITY. 6/27/86; CLAIN NO: 86-35; 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. City Attorney JGR (F4. se ) Enclosure: Copy of Claim 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSEPH G. CAVALLO ATTORNEY AT LAW 1920 E. 17th St., Suite 206 Santa Ana, CA. 92701 (714) 954-0481 Attorney for Claimant JOSEPH G. CAVALLO CITY OF TUSTIN IN THE MATTER OF THE CLAIM OF: JOSEPH G. CAVALLO CITY OF TUSTIN Claimant, CLAIM FOR DAMAGES JOSEPH G. CAVALLO hereby presents this claim to the City of Tustin. 1. The name and address of JOSEPH G. CAVALLO is as follows: JOSEPH G. CAVALLO 2. On or about March 19, 1986, on the northbound '5' freeway - North of Red Hill Ave., in the City of Tustin, a University of California Irvine Patrol Car, exceeding his statutory authority, pulled the claimant off the freeway. The patrolman John Hernandez, aggravated the situation by using excessive force to obtain the claimants identification. The situation was further aggravated by Tustin police Officer, Albert P. March who was summoned to the scene, and issued the 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 2O 21 22 23 24 25 26 27 28 claimant a ticket under the apparent authority of the. University Patrolman2 3. Claimant has suffered physical and mental anguish, humiliation, and embarrassment from the aforementioned conduct. 4. At ~he time of presentation of this claim, claimant claims Compensatory Damages in the amount of $50,000.00 (Fifty Thousand Dollars), and Punitive Damages in the amount of $1000,000.00 (One Million Dollars). Dated: Dated: ~/~,O.~SEP~/G. CAVALr--.O/Cla imant .* Attorney fSr Claimant // · STATE OF CALIFORNIA. COU2. OF I have read the foregoing__./. and know its contents, [] CHECK APPLICABLE PARAGRAPH 1~ I am a party to this action. The matters stated in it are true of my own knowledge except as to those matters which are Stated on information and belief, and as to those matters I believe them to be true. [] I am []an Ofi]cer []a partner []a of a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that r~ason. I have read the foregoing document and know its contents. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. I am one of the attorneys for -- a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices, and 1 make this verification for and on behalf of that party for that reason. I have read the foregoing document and know its contents. I am informed and believe and on that ground allege that the matters stated in it are true. Executed on ~ 19 , at California. I d~clare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ~ Signature ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT (other than summons and complaint) Received copy of document described as on 19 Signature PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF I am employed in the county of Qrangfe State of California. I am over thc age of 18 and not a party to the within action; my business address is' 319 E. 17th Street. Second Floor. Santa Ana. CA.. 92701 On June 9,5, · 19 ~ ! served the foregoing document described as Notice of' Claims for Damages on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at: 63.5 North Bush Street, Santa Ana, CA. 92701 addressed as follows: City of Tus:in/Coun~y Clerks Office 300 Centenial Way Tustin, CA. 92680 [] (BY MAIL) I caused such envelope with postase thereon fully prepaid to be placed in the United States mail at Rnn~n Ann; California. /~ PERSONAL SERVICE) 1 .caused such envelope to be delivered by hand to the offices of the addre [] . /.l¢ ,ifornia. Executed on 19__ at (State) , declare under penalty of perjury undo' the laws of thc State of Califo~ia that thc a~ove[ i~ tru~/~h~ correct ,~.~.~s..~, JOSEPH g. CAVALLO Attorney at Law