HomeMy WebLinkAboutCC 3 CLAIM #85-30 06-17-85 CONSENT CALENDAR
NO. 3
o5/28/85 Inter-Corn
TO:
FROH:
SUBJECT:
~LE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
CLAIMANT: ROBERT J. SUTTEN; D/L: 12/03/84; DATE FILED
W/CITY: 05/20/85; CLAIM NO: 85-30; CARL WARREN FILE
NO: S42137GH
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.
JGR(F4.se)
Enclosure:
Copy of Claim
608 South Haroor BoulevarO
Anaheim, California 92805
(714) 778-2248
JAMES F. LECK
ATTO¢~NEY AT LAW
2372 S.E, Bnstol
Suite "B"
Santa Ana Heights, C.A 92707
(714) 852*0808
May 16, 1985
PLSA$~ REPLY TO: ANAHEIM
CITY CLERK'S OFFICE
CITY OF TUSTIN
300 Centennial Way
Tustin, CA
RE: LATE CLAIM APPLICATION OF
ROBERT J. SUTTEN - ENCLOSED
Dear Sirs:
Enclosed glease find an original and one copy of our Applicat-
ion for Leave to Present Late Claim (Gov Code Section 911.4),
Declaration of James F. Leck and Government Claim form for
your consideration.
we have enclosed a self-addressed, stamped envelope for your
convenience in the return to this office of a conformed copy
of this total package.
Thank you in advance for your courtesy and cooperation in
this regard.
JFL: mm
Sincerely,
/.JAMW. S F. LECK
Enclosures as listed
(SPACE B~-LOW FOF. ~'T~WG ~T~l~
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JAMES F. LECK
ATTOf~NEY Al LAW
~ SOUTH HAP~OI'~ BOULEVARD
ANAHEIM, CALI~:Oi'~NIA
(7~4) 778-22~8
for . Claimant
TO THE MAYOR AND CITY COUNCIL, CITY OF TUSTIN
In the Matter of the Claim
of ROBERT J. SUTTEN against
CITY OF TUSTIN
APPLICATION FOR LEAVE TO
PRESENT LATE CLAIM
(Gov Code Section 911.4)
TO: THE MAYOR AND CITY COUNCIL OF THE CITY OF TUSTIN:
1. Application is hereby made for Leave to Present a
Late Claim under Section 911.4 of the Government Code. The
Claim is based on a cause of action for assault and battery
by police officers of the Tustin Police Department on or about
December 3, 1984, and for which a Claim was not timely presented.
For additional circumstances relating to the cause of action,
reference is made to the proposed claim attached hereto as
Exhibit "A" and made a part hereof.
2. The reason for the delay in presenting this Claim
is that in the course of the move of the Law Offices of JAMES
F. LECK, the file was misplaced and not discovered until April
25, 1985, some thirty (30) days after the 100 days had elapsed.
By reason of the misplaced file, the offices failed to timely
present the claim as shown by the Declaration of JAMES F.
LECK, attached hereto as Exhibit "B" and made a part hereof.
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WHEREFORE, it is respectfully requested that the Application
be granted and that the attached Claim be received and acted
upon in accordance with Sections 912.4 to 912.8 of the Government
Code.
/~JAME$ F. LECK, Attorney for
Claimant
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JAMES F. LECK
ATTO{"~NEY AT LAW
~O8 SOUTH HARBOR BOULEVARD
ANAHEIM, CALIFORNIA 9'2805
(714) 778-2248
A~orn~ fo~' Claimant
TO THE MAYOR AND CITY COUNCIL, CITY OF TUSIN
In the Matter of the Claim )
of ROBERT J. SUTTEN against )
)
CITY OF TUSTIN )
)
DECLARATION OF JAMES F. LECK
I
I, JAMES F. LECK, am an attorney duly authorized to practice
law in the State of California.
II
On or about December 13, 1984, Plaintiff ROBERT SUTTEN
retained this office to represent him in a matter in which
he was beaten by officers of the City of Tustin.
This office then wrote to the City of Tustin requesting
claim forms so that a claim could be timely presented in this
matter. Then in the course of the office move and reorganization
the file was misplaced and not discovered until April 25,
1985, some thirty (30) days after the 100 days elapsed.
IV
Leave for Presenting a Late Claim should be granted in
this matter in that no prejudice has resulted as to the Defendant,
City of Tustin.
I declare under panelty of perjury that the foregoing
is true and correct.
Dated: May 16, 1985
/JA~ES F. LEC~/, Attorney for
~Claimant
Claims for personal injury or personal property ~ama9s must he filed
not later than the lOOth day after accrual of the cause of action.
TO: CITY COUNCIL, CITY OF TUSTIN, 300 Centennial Way, Tustin, CA
ROBERT J. SUTTEN,
Name of Claimant Address Zip Phone Age
JAMES F. LECK, Attorney at Law, 608 S. Harbor Blvd., Anaheim, CA 92805
Address to which Claimant wishss notices sent.
WHEN did damage or injury occur?
WHERE did damage o~ injury occur?
December 3, 1984
Cloverbrook, City of Tustin, CA
HOW and under what circumstances did damage or injury occur?
Assaulted and battered by officers of Tustin Police Department
WHAT particular action by the City, gr its employees, caused the alleged damage or injury?
(Include names of employees, if known..)
Assaulted and battered by police officers of Tustin Police Department,
names unknown at this time.
WHAT sum ~,3 you claim? Include the estimated amount of any prospective loss, insofar as it
may bs known at the time of the p~asentation of this claim, togsthe~ with the basis of
computation of the amount claimed: (attach estimates or ~ills, if possible)
Medical damages in the sum of: S-
General d~mages in the sum of: $
NAMES and addresses of witnesses, Doctors and Hospitals:
Western Medical Center
Julio Vega, M.D.
April 29, 1985
DATE
1001 N. Tusti n, Ranta Aha , gA