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HomeMy WebLinkAboutCC 5 CLAIM #84-12 08-06-84 ,~ CONSENT CALENDAR /¢S,~~\ NO. S ~Tt. 07/11/84 F ROH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL JAMES G. ROURKE, CITY ATTORNEY CLAIMANT: VACLAV BERAN; D/L: 2/20/84; DATE FILED W/CITY: 5/20/84; CLAIM NO: 84-12; CARL WARREN FILE NO: S38248DC/GH 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 JUL 1 d 1984 Oh,ce. i u$~ln City Clerk By CLAIM AGAINST THE CIT~ 'F TUSTIN ('For Damages to Person~ or Personal Property) Received by ~ 1~' via U.S. Mail ~ ~-~ Inter-office Mail Over the Counter / The law provides generally.that a claim must De filed with the City 61erk o~ the City of Tustin within 100 da~s 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 ~ Clerk, The City_of Tustin, 300 Centennial Way, Tustin, California 92680 T--~-'~HONORABLE MAY~rnia: The undersigned respectfully submits the following claim and information rela- tive to damage to persons and/or personal property: 1. NAME OF CLAIMANT: VACLAV BERAN 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: ¢/o Jacaues Beuqelmans, 3. This claim is submitted against: The City of Tustin only. b. The following employee(s) of the City of Tustin only: 4e C. ~ The City of Tustin and the following employee(s) of the City of Tustin only: ~ -U- __n ~ - ' Sqt. Schoenkoph, ~ =~4 Police and Does thru 5 who were police officers in the employ of the City of ?us sis of this claim. Occurrence or event from which the claim arises: a. DATE: 2/20/84 b. 'TIME:Approx. 8:30 p.m~. PLACE (Exact and specific location): I-5 at Hiqhway 55 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). please refer to Arrest Report ~84-1662, Tustin Police ~eot.. concerninc this matter. fSee attachment~ e. What particular action by the City, or its employees, caused the alleged damage or injury? ~ at t act~en__~ 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 ~rious bodil in'ur anjuriee''' nd emotional ~ damage and distress Give the name(s) of the City employee(s) causing the damage or injury: th ouh 5 olicemen in the em_~_~.~ of the City q~ Tusti~ Name ano acoress o: any other person injured: 8. Name and address of the owner of any damaged property: 9. Damages claimed: a. Amount claimed as of this date: 164,148.61 b. Estimated amount of future costs: Unable to estimate c. Total amount claimed: ' ' ~ot less than $164.148.61 d. Basis for computation of amounts claimed (include copies o~ all bills, 'invoices, estimates, etc.: ~ attached medical bills, etc 10. Names and addresses of all witnesses, hospitals, doctors, etc.: a. Officer R. Sa c. ~ medical and related__~.ersonnel who attended d. claimant on the date of the incident. 11. Any additional infor/~ation that might be helpful in considering this claim: WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal Coda 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 under penalty of perjury that the foregoing is TRUE AND CORRECT. Los Angeles Executed this 15 day of May , 19~4 . , at ~ CLAIMANT ' S SId~4%T~JRE Office of the City Clerk, Tus=£n, California Revised 8/05/81 jGR:~:R:8/5/81 (A) ~4(d): ATTACHMENT' TO CLAIM AGAINST THE CITY OF TUSTIN Claimant is alleging that the City of Tustin, by and through its officers, agents and employees, aided and abetted one (1) officer R. Sapp of the Laguna Beach Police Department in assaulting and battering claimant, and further, that the City of Tustin, by and through its agents and employees, detained, arrested and took claimant into custody without reasonable or probable cause. ~4(e): The City, by and through its officers, agents and employees, failed to come to the aid and rescue of claimant at a time when claimant was wilfully and unlawfully assaulted and battered by Officer R. Sapp, Laguna Beach Police Department; the City, by and through its officers, agents and employees, aided', abetted and assisted Officer Sapp in his assault and battery of claimant; the City of Tustin, by and through its agents, employees and servants, wrongfully, falsely and illegally detained, arrested and took custody of claimant.