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HomeMy WebLinkAboutCC 4 CLAIM #84-26 12-18-84~ r ~ ~ .~ A _ ~ CONSENT CALENDAR DATE: 12/06/84 In er-com ~: /..--~o~ORABLE MAYOR AND CITY COUNCIL JAMES G. ROURKE, CITY ATTORNEY $1,1~JECT: CLAIMANT: WEILAND, H. R. ROLF; D/L: 8/29/84; DATE' FILED W/CITY: 11/27/84; CLAIM NO: 84-26; CARL WARREN FILE NO: S40266GH 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 cc: OCCRMA CLAIM-AGAINST THE CIT%'-~F TUSTIN ('For Damages to Persons or Personal Property) Received by ~ .~. ~~. via U.S. Mail d Inter-office MailV Over the Counter ~ ;~-~7-~ The law provides generally that a claim must De ~iled with the City Clerk ol 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 infozTaa- 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 property: 1. NAME OF CLAIMANT: #.9.90~ V/LcLar~ ~.i~. ~].t~;_¢a~ ~qcAoZoq. taf a. ADDRESS OF CLAIMANT: /~ ' b. PHONE NO: (?/~) ~ c. DATE OF BIRTH: ~, _ SOCIAL DRIVERS d. SECURITY. NO: ~?~-~ e. LICENSE NO: ~ ~ Name, telephone and post office address to which claimant desires notices to be sent, if other than above: e This claim is submitted against: a. The City of Tustin only. b. The following employee(s) of the City of Tustin only: The City of Tustin and the following employee(s) of the C%ty %f ~ustin only: e Occurrence or event from which the claim arises: a. DATE: ~-29-~ b. 'TIME: /:0~ c. PLACE (Exact and specific location): d. How and under what circ~stances 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). e. What particular action by the City, or its employees, caused the alleged damage or injury? "~5. 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". 7. Name and address of any other person in~ured: 8. Name and address of the owner of any damaged property: 0 9 · Damages claimed: ~ 500, 000.00 a. Amount claimed as of this date: b. Estimated amount.of future costs: c. Total amount claimed: 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.: b. c. d. 11. Any 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 belie~ and as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is'TRUE AND CORRECT. Executed this 2? ~ff~ day of ~vem~ 19 8~ , at Tustin, Ca 'fornia. / ~' -- CLAI~NT ' S SIGNATURE ~ Office of the City Clerk, Tustin, California Revised 8/05/81 jGR:Se:R:8/5/81 (A) DR 84-07787 C. Dam£ano //627 where be got that from and Hareos said he did not know. Montane asked if he had gotten this from his school, again Mattes said he did not know. Montanto then told Mattes not to say that again. .. Montane said that no one else resides with he or his wife, other than the child. When asked by March if he knew anyone by the name of "Bob", ~ontano said that he had a brother-in-law by the name o£ "Bob Hamilton" who has periodically visited the residence, but not resently within the last several months. Montane said that Hamilton (Becky's brother) is in the military on a base back east and to his knowledge visted the house twice that he recalls. Montane again strayed away from the subject of conversation and started to talk again about his session with Dr. Wieland, and Wleland's ideas on Marco's hyper-activity. Montane said that he recalls time that he rand Rebecca were in the bedroom making love, when Mattes walked in on them, and asked him what he was doing. Montane said that he quickly said that he wa~ tickling her, at which time the child Jumped into the bed and they all started tickling each other. Montane said that on an oceassion he has watched "X" rated movies that he has rented, and Mattes would walk in and ask for a glass o£ water. But he did no~ stay long. March asked Montane who divorced who, Montane said that he was madly in love with her and that she wanted the divorce. March told Montane that his ex-wife told us that Montane had asked for the divorce, because he was a homosexual. Montane sa£d that it was a lie. Hatch asked Montane if he was "by-sexual", to which Montane said "I'11 cop a 5th on that", due solely to the fact that I'm in the military ..... Ok, and I'm being honest ,I know thats an indieaL,on~I'm being honest, and I know that that doesn't help me out any either. But again, again I keep'thinking where does Mattes get this from". March asked Montane if he, his wife, or another male have ever performed a~y sexual acts in front of Harcos, and he answered "never ever". Damlano asked ££ there was a possibility, Montane said "no". / Mattes was placed under arrest for CPC 288 (a) Child Molest. Interview terminated. Both Maroos Hontano and Rebecca Montane were transporated to Orange County Jail for CPC 288 (a) Oral Copulation. It should be noted that during my interview with Burke, she indicated that Wieland had called her into his office for an interview and she DR 8~-07787 Co Dam£ano #62? denoted the £ollow£ng ~emarks he made: Wteland told Burke that Montano was not a homosexual, but a bi-sexual. And denoted this by telling her that Montano if homosexual would have nothing to do with women. But in£aet Montano has enough sexual desires that as W£eland put it he would "fuck a frog". During this conversation_Burke said that ~teland- ad~ed to her h.' wa, a 0 -.ex,al i, .ature s art, ed wl~ but with other people.' ~lse~ -~ '~t%-at'- w['eiano -[,ad o~ fer~d'- o~-~%'~'~ba°sexual an~ bi-sexual "X" raced films for her to see the difference. ke told me that Wleland explained his ideas o~ child_ s~xt]=l Bur ~2~I~n Ero~Jd[~. ado~een~ ' ~ ~t~O ~X~..O~atat~ng tha~ he fe~ that there was children w~th ~exuaX ~n~0~h6er3~[" ~c~e ~he Z~ o~ th~s ~)'and~e ~' ~'~6-' to~e t~~'~stoun~'~'~~ WHat W~e~and had sa~d knowzng tha~ he was ~he psyeho~ogms~ handing the ~nterv~ews o~ he~ son and ex-husban~ ~ontano. Xt should be no~ed that Dr. Wke~and was obtained a~ a eounaeXor b7 Hon~ano and not Burke to help Haroos. I obtained two photographs o~ ~aFcos (III) and (2) photograph~ ~areoa Hontano (Jr) that are booked ~nto evidence ~oeker ~ a~ Pongee Department. The or~g~na~ no~es written by Burke on her son's sta~ w~th. her. from July 21, 198q - Augus~ 26, Z98~ and ~ne~ud~ng a repor~ ~rom the L~ndeman, marrige eounsekor~ dated Augus~ ~8~ .~98q sent to Dr. W~eland Were also booked ~nto evidence Xoeker ~X Tust~n PoZ~ee Department. It should be noted that an attempt was made to contact Dr. 8entenn, who reported ~he initial a~kega~ons to Child protective Services. ~o~Xow-up ~nvest~ga~on and interv~ew o~ Dr. Sentenn w~XX be oondueted at the earXest date poss~bXe. - Inv. C. Damiano ~627 Officer L. March #6lq , WED, August 29, 198;I, l:Oq PM ~