Loading...
HomeMy WebLinkAboutCC 3 CLAIM #83-26 11-07-83DATE: TO: FROH: SUBJECT: 10/17/83 CONSENT CALRNDAR No. 3 11-7-83 Inter-Corn HONORABLE MAYOR AND CITY COUNCIL JAMES G. ROURKE, CITY ATTORNEY CLAIMANT: MARIE TERESA RODRIGUEZ/ERNEST RODRIGUEZ, JR./MONICA D. RODRIGUEZ/MICHAEL E. RODRIGUEZ/ERMALINDA MONTOYA; D/L: 4/8/83~ DATE FILED W/CITY: 7/14/83; CLAIM NO: 83-26; CARL WARREN FILE NO: S 34859 CH 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 Claims cc: OCCRMA ~'~'lFo~ Damages to Persons onal ~=operty) U.S. Mail Inter-office Mail Over the Counter · JUL 1 & !983 The law provsdes generally tAa= a olasm must be ~led with the Csty Clerk of the City of Tus=in within 100 days after which-the incident or event occurred. Be sure your claim is against =he City of Tus=in, no= another public eh=iCy. Where space is insufficient, please use additional paper and identify informa- City Clerk, The City of Tustin, 300 Centennial way, Tus=in, California 92680 TO THE ~ONORAa~E MA~OR AND CITY COUNCIL, City of Tus=in, California: The undersigned respectfully su~mits ~he following claim and information rela- tive to damage ~o 9.=sons and/or personal proper=y: NAME OF CLAIMANT: Marie Teresa Rodriguez a. ADDRESS OF CLAIMANT: Juan, Tustin, California b. PHONE NO: ( c. DATE OF SOCIAL DRIVERS d. SECURITY NO= e. LICENSE NO= Name, telephone and pos= office address to which claimant desires notices to be sen=, if other ~an a~ove: EPSTEIN, REED AND MALER, 2049 Century Park Eas~, Suite 2790, Los Angeles, CA. 90067~ (213) 552-2972 3. This claim is submitted against: The City of Tustin only. The ~ollowing employee(s) of=he City of Tustin only: X The City of %~3S~in and =he following employee(s) of the City of Tuetin only: Officer Ronald Frazier~ Officer Mark He~n~ Other employee(s) whose name(s) are not now known to claimant. 4. Occurrence or even= from which the claim arises: a. DATE: April 8, 1983 b. 'TI~: Approx. 4:4~pm c. PLACE (~xa~t and specific location): Inc~=ent u~i~i~,===d at Pine Tree warm, located at Bryan and Redhill, TustLn, ua. uee ~xnlm~t "A" :or :urnner response. d. How and under what circumstances did damage or injury occur7 S~eoif¥ the particular o~currence, event, act or omission you claim caused the injury or damage (Use additional paper if necessary). · Cla/mant's husband, Ernes~ Bodri~uez, %~s in%ur~d and died as a result of, inter af{~, aspirat~en of has ~astric conts~ts and asDhvxiaticr~ caused bv chokin~ ~ b-{S %~t, ~ Exhibit "A" for furthm~ r~sl:Xxa~e. m. W ular action by =he City, or its e~ployees, ca l!aged damage or.injury? response. 'Give a description of =he injury, proper~y damage or loss so far as is known a= =he time of thi~ claim. If =here were no injuries, s:ate. "no injuries" · Due ~o ~ ~j=i~ ~ ~ wio~ ~ of ~t's ~, ~ ~s ~me an4 ad4ress of any .=her ~erson injure4: AIl ~j~'~ ~, ~ ~e ~e and a~dress of the o~er of any ~amage~ proper=y: 10. ae Damages claime~: Amount claims4 as of this date: $5,000,000.00 ~s=ima=sd am.un= of future cos=s: ~ a~ t~ time. To=al am.un= claime~: Basis for =~=a~i0n of ~n=s =laim~ (include copies of all bills, invoiues, es=imatms, et=. :~ of Names and addresses o~ all witnesses, hospitals, 11. Any a~i=ional 'infow~a'tion that might be helpful in considering tAis claim~ WARNING: IT IS A CRIHINA~ OFFENSE TO FILE A FALSE CLAI~ (Penal Co~e Section 72; Insurance Code Section 556.0) Los Angeles, 'Executed ~his llth day of July ,. 19 83 , a= ~ California. Office of the tit7 Tus=in, California ~evised 8/05/81 JGR:se:R:8/5/81 (A) for CLAIMANT, MARIE TERESA RODRIGUEZ ~IBXT A Further Response to 4a 4a. Additional occurrences ~ook ~lace at or about ~he T~=i~l Police Department, 300 Centennial Way, Tustin, California, and the Orange County Jai.1, 500 North Plower Street, Santa Aha, Cali fornia. Further Response =o 4d 4d. Due to the injuries and wrongful death of Mr. Rodriguez, Claimant has suffered loss of support, love, companionship, comfort and society. Claiman~ has also suffered emotional distress. The wrongf~l death o~ Mr. Rodriguez was caused by the negligence of the City of Tustin and/or its employees. Said negligence consists of, ~-~ng other things, the following: (i) The failure to obtain medical care for Mr. Rodriguez whe_~ the r~eed for ~-.~iate medical care was known or should have (ii) The ~ailure to ~,~..?-~n medical care for Mr. Rodriguez when the need for immediate medial care was known or should have (iii) The false arrest.and imprisonment of Mr. Rcdriguez without reaso~ble or probable cause therefor; (iv) The failure to properly administer first aid or CPR to Mr. Rodriguez when the need for ~mmediate first aid or C~R was known or should have been known; (v) The failure to adequately care and safeguard Mr. Rodriguez, who was an individual in the custody of the City of TUstin and its employees; (vi) The failure to provide adequate training in first aid and/or CPR; (vii) The placing of Mr. Rodriguez in a prone ~osition, while Mr. Rodriguez was handcuffed, and leaving Mr. Rodriguez unattended, when it was known, or should have been know~, that Mr. Rodriguez was in danger of vomiting and could thereby aspirate o~ his gastric contents and asphyxiate by choking on his own vom/t while in such a position; (viii) The negligent and improper performance of their duties and functions; (ix) The failure to discharge a ,~datory duty imposed by an enactment that is designed to protect against ~he risk of that kind of injury which occurred to Mr. Rodriguez; (x) The failure to establish.and/or the negligent establishment o~, policies and procedures for the arrest, detention andhandling of persc~swhoarebelievedtobepublicly intoxicated; (xi) The failure to exercise due care in the performance of their duties; (xii) The failure to follow established policies and procedures with respect to the care and safeguarding of persons in their-custody; and (xiii) Engaged in a course of conduc~ which de~nstrated a complete disregard for the rights of claimant thereby causing claimant ~tic~ual distress and mental suffering; Further Response to 4e (iii) The failure to properly ~m~nister first aid or CPR to Mr. Rcdriguez whe~ the need for immediate first aid or CPR was known or should have been known; (iv) The failure to a~equately care and safeguard Mr. Rodrtguez, who was an individual in the custody of the City of Tustin a~ its employees; (v) The failure to provide adequate training in first aid a~/or CI~R; (vi) The placing of Mr. Rodriguez in a prone position,' while Mr. Rodriguez was. handcuffed, and leaving Mr. P&~lriguez unattended, when it was known, or should have been known, that Mr. Rodriguez was in danger of vomiting and could thereby aspirate on his gastric contents and asphyxiate by choking on his own.vomit while in such aposition; (vii) The negligent and improper performance Of their duties and functions; (viii) The failure to discharge a ~-datory duty imposed by an enactment that is designed to protect against the risk of that kind of injury which occurred to Mr. Rodriguez; -2- (ix) The failure to establish and/or the negligent establishment of, policies and procedures for the arrest, detentionandl~ndling of persons whoarebelievedtobepublicly intoxicated; (x) The failure to exercise due care in the performance of their duties; (xi) The failure to follow established policies, and procedures with respect to the care and safeguarding of ~ersons in,heir custody; and (xii) Engaged ina course of conduc~ which demonstrated a complete disregard for the rights of claimant thereby causing claimant emotional distress and mental suffering; Further Response to 9d 9d. Damages in the sum of $4,000,000.00 for loss to Claimant of her husband's love, companionship, comfort, and society is based upon the estimated value of same. D~m~ges for the intentional and/or negligent infliction of emotional distress in the sum of $465,000.00 are based upon the emotional distress, mental suffering and anguish suffered by Cla~,~nt. Medical expenses and other costs of approximately $35,000.00 are based upon hospital charges, physician charges, funeral expenses, etc.. -3- · ..CLAIM AGAINST THE CI~'~OF TUSTIN U.S. Mail Inter-office Mail Over the Counter ~' The law provides generally that a claim musZ be fil~ witA the City Clerk of the City of Tus=in within ~00 days after which the incident or event occurred. Se sure your claim is against the City of Tustin, not another public entity. Where space is insufficient, please use additional paper and identify info=ma- =ion 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 =o persons and/or personal proper=y: NAME OF CLAIMANT: ERNEST RODRIGUEZ, JR. a. ADDRESS O~ CLAIMANT: 1341 b.' PHONE NO: ( c. DATE OF BIRTH: Name, telephone and post office address to which claimant desires 'notices to be sent, if ocher than above: ~STEIN, RF-J~D AND MALER, 2049 Century Park East, Suite 2790, Los'Angeles, CA. 90067; (213) 552-2972 3. This claim is submitted agains%: a. '. T~e City of Tustin only. b. The following 'employee(s) of the City of Tustin only: c. X The City of Tustin and tAe following employee(s) of the City of Tustin only: Officer Ronald Frazier; Officer Mark Hein; Other employee (s) whose namers) are now now known to claimant. 4. Occurrence or event'from which the claim arises: a. DATE: A~8, 1983 b. .TIM~=AP~xox. 4:40 p.m. c. P~ACE (Exact and specific location): Incidentor~.g~a~..~t~..a= ~ TrmeP~k, loca~ at d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act o= omission you claim caused CAe injury cc damage (Use additional paper if necessary). Cla/msnt'sfather, Er~J~stF~d~iguez,~asinj~edand~as a result of, int~ Wha~ particular ac=ion by the City, or its employees, caused the alleged damage or injury? Give a description of =he injury, proper=y damage or loss so far as is known a= =he time Of ~his claim. I~ there we=e no inju=ies, state uno injuries"'. Give' =he name(s).of =~e..Cit~. empl.o~ee_(.s) ca_.u.si.ng_ th.e d_amage or 7. Name and address of any other person injur~: Ail injured parsers, legally ~ ~ f~ a elate, ~ f~ ~ ~4~ ~'~m ~ ~ ~ ~'~. 8.. ~e and address o~ ~Ae o~er of any damaged 10. 11. r~ma~jes claime~: a. Amount cia/mad as of :his date: $$,000,000.00 b. Estimated amount of C. To=al ~nC cla~: $5,000,00~.00 d. Basis for c~=a~ion of am~nts claimed (include cogies o~ all ~Xlls, invoices, est,=eS, ~4ngs of Mr. ~xlrigue= =3 ac3e 70; see Exhibit "A" fox further ...raW, mme. Names and addresses o~ all witnesses, hospitals, doc=ors, etc.. b. Se=t/~ 910. ~cw~ver, ~ will f-~ ~,-I info~t~ at such t::ra as c. the City of Tustin 5~--~as ~=~ inf--=tics to ~=. d. Any additional 'inform&tion that might be helpful in c~nsidering t. his claim: WARNING: 1T IS A CRI]~INAL OFFENSE TO FILE A FALSE CLAIHI (Penal Code Section 72; Insurance Code Section 556.'0) Executed this llth Office of the City Clerk, Tustin, California CLAI,, NO: ~ '~-~ Revised 8/05/81 JGR:se:R:8/5/81 (A) day of July , 19 83 , at~l~ California. CLAI~g%NT, ERNEST RODRIGUEZ, JR. E~XBXT A 4a. Additional occurrences took place at or about ~he Tustin Police Department, 300 Centennial Way, Tustin, California, and the Orange County Jail, 500 ~orth Flower Street, Santa Aha, California. Further P~sponse to 4d 4d. Due to the injuries and wrongful death of Mr. I%:dri~uez, Claimant has suffered loss of supl~ort, love, companionship, comfort and society. Claimant has also suffered emotional distress. The wrongful death of Mr. Rc~lriguez was caused by the negligence of the City Of T~stin and/or its employees. Said negligence co~ists of, ~ng other things, the following: (i) The failure to obtain medical care for Mr. Boclriguez when the need for. ~--~diate medical care was known or should have (ii) The ~ailure to ~,~,~n medical care for Mr. Rodriguez when the need for immediate medical ~re was known or should have (iii) The false arrest and imprisonment of Mr. l~xlrigue= without reasonable or pro~ble cause therefor; (iv) The failure to properly administer first aid or to Mr. Rodriguez when the need for immediate first aid or CFR was known or should have been (v) The failure to adequately care and safeguard Mr. Rodriguez, who was an individual in t. he custody of the City of Tustina~d its employees; (vi) The failure to provide adequate training in first aid and/or CFR; (vii) The placing of Mr. Rodriguez in a prone position, while Mr. Roclriguez was handcuffed, and leaving Mr. Rodriguez unattended, when it wa~ known, or should have been known, that Mr. Rodriguez was in danger of vomiting and could thereby aspirate on his gastric contents and asphyxiate by choking On his own vomit while in such aposition; (viii) The negligent and improper performance of their duties and ~unctions; -1- (ix). The failure to discharge a -~-~toz7 duty imposed by an enactment ~bat is designed to protect against the risk of t2mat kin4 of injury which occurred to Mr. Px~riguez; (x) The failure to establish and/or the negligent establishment of, policies and procedures for the arrest, ~ete~tionan~handling of persc~_~ who arebelievedtobepublicly intoxicated; (xi) The failure to exercise due care in the ~arformam:e of ~heir duties~ (xii) The failure to follow established policies and procedures with respect to ~he care. ar~ safeguarding of persons im their custody; and (xiii) Engaged ia a course of conduct which demonstrated a complete disregard for the rights o£ claimant thereby causing cla/mant ~-~tional distress and men~al suffering; Further Response to 4a (iii) The failure to properly a~m~nister firs't aid or CPR to Mr. ~%~lriguex when the need for ~m-~iate first aid or CPR was known cx should have been known; (iv) The failure to adequately care and safeguard Mr. ~odriguex, who was an individual in the custody of the City of Tustin an~ its employees; (v) The failure to provide adequate training in first aid and/or CPR; (vi) The placing of.Mr. Rodriguez in a prone position, while Mr. Rodriguez was handcuffed, and leaving Mr. I%:driguez %ir~atten~ed, when it was known, or should have been known, that Mr. Rodriguez was in danger of vomiting and could thereby aspirate cz% his gastric contents and asphyxiate by choking on his own vomit while in such aposition; (vii) The negligent and improper performance of their duties and functions; (viii) The failure to discharge a mandatory duty imposed by an enactment that is designed to pro~ect against the risk of t-hat kind of injury which occurred to Mr. P~driguez; -2- (ix) The failure to establish and/or =he negligent establishment o~, policies and procedures for the arrest, detention and handling of persons who are believed to be publicly (x) The failure to exercise due care in the performance of t~heir duties; (xi) The failure to follow established policies and procedures with respect to the care and safe~,~rding o~ persc~s (xii) Engaged in a course o~ conduct which de,~-~strated a complete disregard for the rights of claimant thereby causing claimant emo~iorkal distress and mental suffering; 9d. Damages in tb~ su~of $4,000,000.00 for loss to Claimant of love, companionship, comfort, and society is based upon the estimated value of same. Damages for the intentional and/or negligent infliction of emotional distress in the sum of $500,000.00 are based upon the emotional distress, mental sufferingand anguish suffered byCla~"~nt. -3- CLAf~ AGAfNST THE C~ OF TUST~N "~For ~amages to ?.pr~,s c~ Personal Property) 'Received by .'~~. ~'Jvia U.S. Mail ~ ' Inter-office Mail Over the Counter X JUL 1 .Office. Tug'in The law provides generally that a claim must be flied wzth the City Clerk of the City of Tustin within 100 days after which the incident or event occurred. 8e sure your claim is against the City of Tustin, not another public en~ity. Where space is insufficient, please use additional paper and identify informa- 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 info~mation rela- tive to damage to persons and/or personal property: NAME OF CLAIMANT: MONICA D. RODRIGUEZ a. ADDRESS OF CLAIMANT: 12659 Name, telephone and post office address to which claimant desires notices to be sent, if other than above: EPSTEIN, REED AND MALER, 2049 Century Park East, Suite 2790, Los Angeles, CA. 90067; {213) 552-2972 This claim is submitted agains%: a. The City of Tustin~°nly. b. The following employee(s) of ~he City of Tustin only: c. X The City of Tustin and ~he following employee(s) of ~he City o~ Tuetin only= Officer Ronald Frazier; Officer. Mark Hein; Other employee(s) whose name(s) are now now known to claimant. 4. Occurrence or even~ from which the claim arises- a. DATE: April 8, 1983 b. .TIME:A~ox. 4:40 p.m. c. PLACE (Exac= and specifi~ location): Ime~-nt cr~g~na~ at PZne Tr~e Pank, l~e~ at d. How and under wha~ circ~s~ances did damage o~ inju~ occur? Specify ~he particular occurrence, even=, ac= or omission you claim caused injury or damage (Use additional paper if necessary). ~t's father, Ernest tk~triguez, ~s injured and ~ as a result of, inter What particular action by =he City, or its employees, caused ~he alleged damage or injury? 10. 'Give a ~escription of the in]uL-f, proper=¥ damage or loss so far. as is known at the time of this claim. If there wer~ no injuries, $=a~e 'no injuries'. Dt~e to tile injtzries ~ ~ ~ ~ of c~t's fa~-~, C~t ~ Give =~e n~e(s) o~ =~e Ci~ empl~ee(s) causing the ~amage o= inju~: Of~ ~ ~e~, ~f~ ~k ~, ~ ~ ~les ~, ~ ~ ~e an~ a~ress of any OCher person injured: ~1 ~j~ ~, ~ ~ l~y ~ ~ f~ a ~!~, ~ f~ ~ ~t~] c~ ~ ~ ~ ~. N~e an4 a~ress of =he owner of any damaged 9roper=y: Damages. claimed: a. Amount claimed as of this date: $5,000,000.00 b. Estimated amount of future cos:s: Unknown a= ~h~s t/me. c. Total amoun= claimed: $5,000,000.00 d. Basis for computation o~ amounts claimed (include copies of all bills, invoices, es=ima=es,, etc.: Loss of sup~ - $500,000.00 based upc~ est/mated -~ of M=~ 9odriguez to age 70; see Exh~ "~" fo~ fur~h-r .r~.~. Names and addresses of all witnesses, hospitals, doc=ors, etc.. :~ Sect_~ 910. Bowev~r, Cia/man= wd~ fu~/dmh said infozm~tion ak such time as d. 11. Any'additional'informs=ion tha~ might be helpful in considering this claim: WARNING: 1T IS A CRIMINAL OFFENSE TO FILK A FALSE CLAI~I! (Penal Code Section 72; Insurance Code Section 556.0) Los Angeles, Executed this llth day of July , 19 83 , at~ California. offic, of th. city of , Tustin, California Revised 8/05/81 JGR:se:R:8/5/81 CA) EXHIBIT A Pu~tl~r Restx:mse t:o 4a 4a. Additional occurrences took place at or about ~he Tustin P~lice Depar~t, 300 Centennial Way, Tus:in, California, and the Orange County Jail, 500 North Flower Street, Santa Ama, C~li fornia. Response to 4d 4~. Due to the injuries and wrongful death of Mr. B0~ri~uez, Claimant has suffered loss of support, love, companionship, comfort and sooiety. Claimant has a-leo suffered emotional distress. The wrongful death of Mr. Rodriguez was caused by the negligence of the City of Tustin and/or its employees. Said negligence eonsists of, among o~her ~hings, ~he following: (i) The ~ailure to obtain medical care for Mr. Bo~riguez when ~he need for immediate medical care was known or should have (ii) The failure to s-..~=..-;.n ~edical care for Mr. Rz~riguez when ~he need for immediate ~edical care was known or. should have (iii) The false arrest and i~risc~ent of Mr. Bo~riguez without reasonable or prok~ble ~ause ~herefor; (.iv) The failure to properly administer first aid or CPR to Mr. ~:driguez when ~he need ~or immediate first aid or C1~ was known or should have be~n known; (v) The failure to adequately care and safeguard Mr. Rodriguez, who was an individual in the custody of the City of Tustin and its employees; (vi) The failure to provide adequate training in first aid and/or C1~ (vii) The placing of Mr. Rodriguez in a prone position, while Mr. Rodriguez was handcuffed, and leaving Mr. Rodriguez unattended, when it was known, or should have been known, that Mr. Rodriguez was in danger of vomiting and could thereby aspirate on his gastric contents and asphyxiate by choking on his own vc~mit while in such a position; (viii) The negligent and improper performance of their duties and functions; -1- (ix) The failure 20 discharge a mndatory duty imposed by an enactment ~t is designed to protect against =he risk of ~hat kin~ of injury ~hich o~curre~ to Mr..~:driguez: (x) The failure to establish and/or the negligent establishment of, ~olicies and procedures for the arrest, detention andhar~lingofpersc~s who arehelievedto~epublicly intoxicated; (xi) The failure to exercise due care in ~he performance of ~heir duties; (xii) The failure to follow established policies and procedures wi~hremlmact to,he cars and'safeguarding of persons (xiii) Engage~ in a course of conduct which demonstrated a co, lets disregard for the rights of clai~ut ~hereby causing cla'b,m-~ --~tional distress an~ men~al suffering; Further Respmme to 4e (iii) The failure to properly, administer first aid Or CPR to Mr. ~i~uez when the nee~ ~or immediate first aid or CPR was known ox should ~ave been known; (iv) The failure to adequately care and safeguard Mr. Bo~riguez, who was an individual in the custody of the City of Tustinan~ its e~loyees; .(v) The failure to provide adequate training in first aid an~/orCPR; (vi) The placing of Mr. Rodriguez in a prone position, while Mr. Rodriguez was handcuffed, and leaving Mr. ~odriguez unattended, when it was known, or should have been known, that Mr. Rodriguez was in danger of vomiting and could thereby aspirate c~his gastric contents an~ asphyxiate by choking on his own vomit while in such a position; (vii) The negligent and improper performance of their duties an~ func~i~sr (viii) The failure to discharge a -~ndatory duty imposed by an ena~ment ~hat is designed to protect against the risk of that kind of injury which occurred to Mr. Rodriguez; -2- (ix) The failure to establish and/or the negligent establishment of, policies and procedures for the arrest, detention and handling of persons who ar.e believed to be publicly (x) The failure to exercise due care in the performance of their duties~ (xi)' The failure to follow established policies and procedures with respec~ to the ~e and safec~,~ding of perscme (xii) Engaged in a course of conduc~ which demonstrated a complete disregard for the. rights of claimant thereby causing claimant e~o~ic~al distress and mental suffering; Further Itesponse to 9d 9d. Damages in the sum of $4,000,000.00 for loss to Claimant of love, companionship, comfort, and society is based upon the estimated value o~ same. Damages for the intentional and/or negligent infliction of emotional distress in the sum of $500,000.00 ars based upon the emotional distress, ~ental suffering ~ anguish suffered by Claimant. -3- .'CLAZH AGAINST THE CI~ OF TUSTIN '(FOr Da.mares =o Pers~ o~ Personal Property) Over The law provides generally that a claim must be filed wlth the City Clerk og the City of Tus=in within 100 days. after which =he incident or even= occurred. Be sure your claim i~ aga~n~ ~e City of Tustin, not ~nother public entity. where space is insu'ffi=ien=, please use adai~ional paper and iden~i~y informa- tion by paragraph number. Completed claims must be mailed or delivered =o the City Clerk, The City of Tustin, 300 Centennial Way, Tustin, California 92680 TO THE HONORABLE I~OR AND CITY COUNCIL, City of Tus=in, California: The undersigned respectfully submits the following claim and information rela- tive =o damage to persons and/or personal proper=y: NAME OF CLAIMANT: MICHAEL E. RODRIGUEZ a. ADDRESS OF CLAIMANT: b. PHONE NO: ( c. DATE OF BIRTH: SOCIAL DRIVEP~ d. SECURITY NO: e. LICENSE NO: Name, telephone and post office address to which claiman~ desires notices =o be sen=, if o~her =hah above: E~STEIN, REED AND MALER, 2049 CentLlry Park East, S~ite 2790, Los Angeles, CA. 90067; (213) 552-2972 3. This claim is submitted agains%: The City of Tustin only. The following employee(s) of the ~ity of Tustin only: C* . X The City of Tustin and the following employee(s) of =he City of Tustin only: Officer Ronald Frazier; Officer Mark Hein; Other employee(s) whose-name(s) are now now known to claimant. 4. Occurrence or evefl='from which the claim arises: a. DATE: AprilS, 1983 b..TIME'~AP~xox. 4:40 p.m. c. PLACE (gxa¢~ and specific loca=ion)t ~--%d~ntcxzg~na~e~at pLne~eePazk, lcc~ at ~ ~~, ~, ~. ~ ~= "A" = ~~. d. How and under what tire,stances did dance o= inju~ occur? S~ci~ ~e particular occurrence, even=, ac= o= omission you claim caused 'abe injury or damage (Use additional paper if .n. ecessary). What particular ac=ion by the City, or its employees,, caused alleged damage or injury? resDc~e. 10. G~ve ~Ae fi&me(I) of ~he CiL~ .enpA.o~ee(s~ .c~u.sing' ~Ae d~ge or in~.uz7= Hame and address of any QtAe: person i~urnd: A1~ Jn~ed ~cr~, v~o a~e Hame and addrem8 of ~he ovner of any damaged properly: invoices, est.Laates, etc.: Lorn c:~ .su[::pcrt - $500,000.00 _~-,,e::l. ~ ~ and addresses og &ll v~nesses, hospitals, doct:ors, e~¢.. ~ 910. M, ~~11 ~ ~ ~n~u~_~cna~ susa ~ as d. Any add~;c2ona~ '~n£orn~t~on ¢.haC m~ght be he2p~ul in considering ~h~s c~a~n: WARNING: iT IS A CRLHINA~ OFFENSE TO FILE A FALSE CLA~M~ (Penal Section 72~ Insurance Co~e Section 556.0) Los AncO, ~xecuted tn~s ll~h day of July , 1983 , a= ~ California. Office of =he City Clerk, Tustin, California Revised 8/05/81 JGR:se:R:8/$/8~ (A) Further Response to 4a 4a. Additiona'l occurrences took place at or about the Tustin Police Department, 300 Centennial Way, Tustin, California, and the Orange County Jail, 500 North Flower street, Santa Ana, California. Further Response to 4d 4d. Due to the injuries and wrongful death of Mr. Bodri~uez, Claimant has suffered loss of support, love, companionship, comfort and society. Claimant has also suffered emotional distress. The wrongful death of Mr. Rodriguez: was caused by the negligence of the City of Tustin and/or its employees. Said negligence consists of, among other- things, the following: (i) The failure to obtain medical care for Mr. ~:driguez when the need for i.-..--~diate medical care was known or should have been known; (ii) The failure to s,,~n medical care for Mr. Rodriguez when the need for ~m-~diate medical dare was. known or should have (iii) The false arrest and imprisonment of Mr. Rodriguez without reasonable or probable cause .therefor; (iv) The failure to properly administer first aid or CPR to Mr. Rodriguez when the need 'for immediate first aid or CPR was known or should have been known; (v) The failure to adequately care and safeguard Mr. Rodriguez, who was an individual in the custody of the City of Tustin and its ~loyees; (vi') The failure to provide adequate training in first aid and/or CI~R; (vii) The placing of Mr. Rodriguez in a prone position, while Mr. Rodriguez was handcuffed, and leaving Mr. Rodriguez unattended, when it was known, or should have been known, tllat Mr. Rodriguez was in danger of vomiting and could thereby aspirate on his gastric contents and asphyxiate by choking on his own vomit while in such a position; (Viii} The negligent and improper performance of their duties and functions; -1- (ix) The failure to discharge a ~ndatory duty imposed by an enactment that is designed to protect against the risk of that kind of injury which occurred to Mr. Rodriguez; (X) The failure to establish and/or the negligent 'establishment of, policies and procedures for the arrest, detention and handling of persons who are believed to be publicly intoxicated; (xi) The failure to exercise due care in the perfor~nce of their duties; '(xii) The failure to follow established policies and procedures with respect to the care and safeguarding of persons in their custody; and (xiii) Engaged in a course of conduct which demonstrated a complete disregard for the rights of claimant thereby causing cla~-~nt e-~ti~a] distress and mental suffering; Further Response to 4e 4e. (iii) The failure to properly administer first aid' or CPR to Mr. Rcdriguez when the need for ~..--diate first aid or CPR was known ~r should have been known; (iv) The failure to adequately care and safe~rd Mr. l~:driguez, who was an individual in the custody of the City of Tustin am~l its employees; (v) The failure to provide adequate training in first aid and/or CPR; (vi) The placing of Mr. Rodriguez in a prone position, while Mr. Rodriguez was handcuffed, and leaving Mr. Rodriguez unattended, when it was km~Dwn, or should have been known, that Mr. Rodriguez was in dangpr of vomiting and could thereby aspirate ochis gastric contents and asphyxiate bychoking on his own vomit while in such a position; (vii) The negligent and improper performance of their duties and functions; (viii) The failure to discharge a mandatory duty imposed by an enactment that is designed to protect against the risk of that kind of injury which occurred to Mr. Rodriguez; -2- (ix) The failure to establish and/or the negligent establishment of, policies and procedures for the arrest, detention and handling of persons who are believed to be publicly intoxicated; (x) The failure to exercise due care in the performance of their duties; (xi) The failure to follow established policies and procedures with respect to the c~e and safeguarding of persons in their custody; and (xii) Engaged in a course of conduct which demonstrated a complete disregard for the rights of claimant thereby causing clai.~nt emotional distress and mental suffering; Further Response to 9d 9d. Damages in ~he sum of $4,000,000.00 for loss to Claimant of love, companionship, comfort, and society is based upon the estimated value of same. Damages for the intentional and/or negligent infliction of emotional distress in the sum of · $500,000.00 are based u~on the emotional distress, mental suffering an d anguish suffered byCla~-~-t. -3- · C~IM AGAINST THE CITY ~F TUSTIN · (FOr Damages to Perso% .~r~Personal Property) Received by via U.S. Mail Inter-office Mail ~/ Over the Counter Office-Tu'~'tin City Clerk The law provides generally that a claim must be ~iled with the City Clerk of 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 informa- 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: ERMALINDA MONTOYA a. ADDRESS OF CLAIMANT: b. PHONE NO: ( c. DATE OF BIRTH: SOCIAL DRIVERS d. SECURITY NO: e. LZCENSE NO: 2. Name, telephone and poet office address to which claimant desires notices to be sent, if other ~han above= EPSTEIN, REED AND MALER, 2049 Century Park East, Suite 2790, Los Angeles, CA. 90067; (213) 552-2972 3. This claim is submitted agains%: a. The City of Tustin only.' b. The following employee(s) of'the City o~ Tustin only: o. X The City of Tustin and the following employee(s) of the City of Tustin only= Officer Ronald Frazier; Officer Mark Hein; Other employee(s) whose name(s) are now now known to claimant. Occurrence or event'from which the claim arises= a. DATE: April 8, 1983 b. .TIME:APprox. 4:40 p~m. o. P~ACE (Exact and specific location): L-~t crzg~nata~ at P~ ~ P~, 1~ at ~. How an~ un,er what =ir=~=an=ms di~ d~ge or inju~ or=ur? S~cify the 9a~i=ular o=currence, even=, ar= o= omission you claim caused =he inju~ or damage (Use a~i=io~al paper if necessa~). al~a,, aspizat~ of his gastric contents ar~ am/ahyxiatic~ caused b~ cbokir~ c~ b~ ~it. ~ Exhibit "A'* fc~ lar ac=ion by the City, or i d alleged damage or injury? (i) The f~il',,~'~ ~O obta/rto ~1 ~ ~ ~ ~-~ ~ "Give a description o~-¢he injury, property dama r loss so far as is known at the time of ~is claim. ' If there were no injuries, state 'no inju:ies". ' , ~ive the n~e(s) of th~ CiW. '.~p__l.oyee(s) ca_u.sing the damage or injury: 10. 11. Damages claimed: a. Amount claimed as of this date: $5,000,000.00 b' ~s=imated amount' of future costs= ~m~rmwn a~ t_his ~[ Total ~ount. claimed~ $5,000,00~.00 Basis for computation o~ amounts claimed (include copies o~ all ~ills, invoi~s, estimates, etc.: Loss Of s~,~L - $500,000.00 k~-~ u~m ~-~ emzn/ngs Of Mr. Boflriguez to age 70~ see. Ex~..'t."A" £~ f~:kl~r ~. N~es and addresses o~ all wi~esses, nospxta~s, doctors, e~c.. ~[ ~ 910. ~, ~~1~ ~,~ ~ ~o~t~ a: ~ ~ ~ c. the Citw of Tus~in fuzniahes ~ inf~mmtic~ ~o Claimant. d. Any additional 'info=ma'=ion that might be helpful in .considering ~his claim: WARNING: 1T IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIH~ (Penal Co~e Sec=ion 72; Insurance Code and as Los Angeles, Executed this llth day of July , 1983 , at ~, California. Office of the City Clerk, Tustin, California CLAIM NO: $5--~ Revised 8/05/81 JGR:se:R:8/5/81 (A) CLAIMANT, ERMALINDA MONTOYA ~IBIT A Further 1%espmme to 4a 4a. Additional occurrences took place at or about the Tustin Police Department, 300 Centennial Way, Tustin, California, and the Orange County Jail, 500 North Flower Street, Santa Aha, Call fornia. Further Response to 4~ 4d. Due to the injuries and wrongful death of M~. ~odriguez, Claimant has .suffered loss of support, love, companionship, ' comfort and society. Claimant has also suffered emotional distress. The wrongful death of Mr. ~odriguen was caused by the negligence of the City of Tustin and/or its employees. Said negligence consists of, among other things, 'the following:' (i) The failure to obtain ~edical care for Mr. ~oclriguez when the need for immediate ~edical care was known or should have · (ii) The failure to ~]~n.~edical care for Mr. Rodri~uez when the need for immediate ~edical care was known or should have (iii) The false arrest and imprisonment of Mr. ~dri~uez without reasonable or probable cause therefor~ (iv) The failure to properly administer first aid or to Mr. P&x~riguez when the need for i~diate first aid or CPR was known or should have been known~ (v) The failure to adequately care and safeguard Mr. Rodriguez, who was an individual in the custody of the City of Tustin and its employees7 (vi) The failure to provide adequate training in first aid and/or C~R~ (vii) The placing of Mr. Rodriguez in a prone ~osition, while Mr. P~Ddriguez was handcuffed, and leaving Mr. Rodriguez unattended, when it was known, or should have been known, t~at 'Mr. Rodriguez was in danger of vomiting and could thereby aspirate on his gastric contents and asphyxiate by choking on his o~n vomit while in such a ~osition~ (viii) The negligent and improper performance of their duties, and ~unctions 7 -1- '(ix) The failure to discharge a mandatory duty i~0osed by an enactment that is designed to protect against the risk of ~hat k/nd of injury which, occurred to Mr. Rodriguez; (x) The failure to 'establish and/or the negligent establishment of, policies and procedures for the arrest, dete~tic~andhandling of persc~swhoarebelievedtobepublicly intoxicated; (xi) The failure to exercise due care in the performance of their duties; (xii) The failure to follow established policies and procedures with respect to the care and safeguarding of persons in t/~eir custody; and (xiii) Engaged in a course of conduct which demonstrated a complete disregard for the rights of claimant thereby causing cla/mant -~tional distress and mental suffering; Further Response to 4e (iii) The failure to properly a~-dnister first aid or CPR to Mr. I~driguez when the need for im~iate first aid or CPR was known or should have be~n known; (iv) The failUre to adequately care and safeguard Mr. Bodriguez, who was an individual in the custody of the City of Tustin and its employees; (v) The failure to provide adequate training in first aid and/or CPR; (vi) The placing of Mr. Rodriguez in a prone position, while Mr. Rodriguez was handcuffed, and leaving Mr. Rodriguez unattended, when it was known,, or should have been known, that Mr. Rodriguez was in danger of vomiting and could thereby aspirate c~ his gastric contents and. asphyxiate by choking on his own vomit while in such a positicm; (vii) The negligent and improper performance of their duties and functions; (viii) The failure to discharge a ,~ndatory duty imposed by an enactment that is designed to protect against the risk of that kind of injury which occurred to Mr. ~xx/riguez; -2- (ix) The failure to establish and/or the negligent establishment of, policies and procedures for the arrest, detention an~ ha~ling of ~ersons who are believed to be publicly intoxicated ~ (x) The failure to exercise due care in the .performance Of their duties~ (xi) The failure to follow established policies and procedures with respect to the care and safeguarding of perscGs in their custody~ ancl (xii) Engaged in a course of conduct which aemCGstrated a complete disregard for the rights of claimant thereby causing clai~nt emotional distress and mental suffering~ Further Response to 9d 9d. Damages in the sum of $4,000,000.00 for loss to Cla/~nt of love, companionship, comfort, and society is based upon the estimated value of same. Damages for the intentional and/or negligent infliction of emotional distress in the sum of $500,000.00 .are based upon the emotional distress, mental suffering and anguish suffered by Claimant.