HomeMy WebLinkAboutCC 3 CLAIM #80-9 05-19-80DATE: May 9~ 1950
CONSENT CALENDAR
TO:
HONORABLE MAYOR AND CITY COUNCIL
FROH:. .]AMES G. ROURKE, CITY ATTORNEy
SUBJE6T: CLAIM OF BEVERLY BRESEE; NO. 80-9; D/L 1-16-80; DATE FILED
WITH CITY: q-Il~80; CARL WARREN FILE 1;2~000 RR
After investigation and review, it is recommended that the above-referenced .claim
be denied and the City Clerk is directed to give proper notice of the denial to the
claimant and his attorney.
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KLEIN & O~ROURKE
A I,aw Corporation
2024 North Broadway, S. 301
Santa Aha, California 92706
547-O009
Attorneys for Claimant
BEVERLY J. BRESEE,
Claimant,
vs
CITY OF TUSTrN,
TUSTIN POLICE OFFICERS
HOUSTON WIL LLA_MS,
CHRIS DE SOTO,
ROBERT SCHOENKOPF,
COUNTY OF ORAaNGE, and
DOES 1 through 50, inclusive,
Defendants.
CLAIN[ FOR WRONGFUL DEATH
(Government Code 910)
TO: City of Tustin, Tustin Police Officers Houston Williams, Chris
De Soto, Robert Schoenkopf, and County of Orange.
1. The Claimant's name and address are as follows:
Beverly J. Bresee
I desire all notices to be sent to the following business address:
Francis J. O'Rourke
Klein & O'Rourke
2024 N. Broadway, Suite 301
Santa 2ina, .Ca. 92706
3. The date, place and other circumstances of the occurrence which
gave rise to this claim are as follows:
On January 16, 1980, between 8:30 p.m. and 10:10p.m. police officers
Houston Williams, Chris De Soto, and Robert Schoenkopf attended to a
domestic disturbance at 175 South C Street, Tustin, Ca. and negligently used
force, which appears to have been excessive force, to choke to death
Raymond W. Bresee.
4. A general description of the loss incurred by claimant is as
follows: Claimant% husband was killed through negligent police practice.
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5. The names of the public employees causing the death of claimant's
husba{%d, Rayf~ond V~fallace Bresee, areas follows: Sgt. Houston,Williams,
Polic8 Officers' Chris De Soto and Robert'Schoenkopf of the Tustin Police
Department.
S. The amount claimed as of the date of Presentation of this claim,
includin~ the estimated amount of loss to claimant, is $9.50,000.
?. The basis of computation of the amount claimed is as follows:
Computation will be on the basis of California Jury Instruction
Appendix A, Life ]Expectancy Table.
I, Francis J. OrRourke, the undersigned, am a person presenting
this claim on behalf of the above-named claimant.
Dated: April 9, 1980, at Santa Ama, California.
KLEIN & O'ROURK_E
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