HomeMy WebLinkAbout04 CLAIM OF MARILYN ELLIS 05-15-07Agenda Item 4
~~--~-- ~' Reviewed:
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~.~. ~~, Finance Director
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MEETING DATE: MAY 15, 2007
T0: WILLIAM A. HUSTON, CITY MANAGER
FROM: RONALD A. NAULT, FINANCE DIRECTOR
SUBJECT: CONSIDERATION OF CLAIM OF MARILYN ELLIS, CLAIM N0.07-09
SUMMARY:
The Claim states that in October 2006, in the area of 4870 Barranca Parkway in Irvine, one or
more individuals employed by the City of Tustin negligently caused the Claimant to be shot. The
Claimant alleges she suffered property damage and personal injuries as a result of the incident,
and that her constitutional and civil rights were violated.
RECOMMENDATION:
That the City Council deny Claim Number 07-09, Marilyn Ellis, and direct Staff to send notice
thereof to the Claimant.
FISCAL IMPACT:
None.
DISCUSSION:
Investigation of this report by Staff and the City's Claims Administrator has revealed that the
above shooting occurred approximately forty minutes prior to the arrival of the Tustin Police units
at the scene. The Irvine Police Department had requested Tustin Police be dispatched then to
assist in securing the perimeter of their large crime scene. It has also been verified that the
Officers whose names are listed in the claim do not work for the City of Tustin, and there ~s no
evidence to support any involvement in the shooting incident by our City's personnel. Staff is
recommending denial of the claim at this time.
Ronald A. Nault
Finance Director
ATTACHMENT: Copy of Claim No. 07-09
ConsiderationOfCiaimOfMarilynEllis07-09. doc
CLAIM AGAINSTTHE CITY OF TUSTIN
(For Damages to Person or Personal Property}
ceived Via:
U.S. Mail ~~{
^ Inter-Office Mail « "
^ Over the Counter ~~
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PLEASE NOTE; y,y
A. Read entire claim before filing.
8. Be sure your claim is against the City of Tustin, not another public entity.
C. Claims for death, injury to person or to personal property must be filed no later than 6 months after the occurrence
Government Code § 911.2).
D. Claims for damages to real property must be filed no later than one year after the occurrence Government Code § 911.2).
E. If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered.
r. A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person
acting on his/her behalf and shall provide the information shown below anct must be signed by the claimant or a person on
his behalf Government Code § 910.2},
G. This form is for the convenience of those desiring to present claims against the city. Claimant is advised to consult a private
attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims.
H. Completed clairY~s mull be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Way, Tustin,
California 92784.
1. Name and Post Office address of the Claimant:
Name of Claimant: Marilyn Ellis
some Address: 2 N. Santa Cruz Avenue, Suite #205, Los Gatos, CA,. 95030.
Home Telephone: 408 399-9707 Work Telephone: (408} 399-9757
2. Post Office address to which the person presenting the claim desires notices to be sent:
(If different from above)
Name of Addressee: Marilyn Ellis, clo Mark P. Millen Telephone: X4908} 399-9707
Post Office Address: Mark Millen, Attorney at Law, 2 N. Santa Cruz Avenue, Suite #205,
Los Gatos, CA, 95030.
3. The date, place and other circumstances of the occurrence or transaction from which the claim arises.
Date of Occurrence: October 27, 2006 Time of Occurrence: approx. 11:00 a. m.
Location: In the vici~_ of 4870 Barranca Parkway_ near_Creek Road in Irvine, California.
Circumstances giving rise to this claim:
Claimant was shot bone or more persons believed to be olice officers, actin within the course and
_scope of their em~lo~rment. See Exhibit A attached _hereto~__ _._.._ _ _ _
4. General description of the indebtedness, obligation, injury, damage or loss incurred so far as you now know.
Claimaint has suffered~roperty_damage.and personal injuries. These injuries include, but are
.~.o~.lim.ifed to,._pas~a~.d~u~ure.~e~~ical.~.c~~~s~es,._.pasf. ~d..futu~elos~incoxne.,_past _an~ __ _ _ .
. ure g.eneral~.amagesT_I~J~9me.ntJ.nte.re~t,..~as~ud~Jme~ l~tere.~t, and at~rney fe~.s. __ _
-..-Se~.~x~.ib~ ~.~tta.ched..beretoY ._ __ __-_ __ ----- _._._-- _ - --- - --- -- . _
Pagc 1 of 4
CITI' OF TU3?.;.
Time Stamp:
2001 APfi 23 A ~; 4p
Claim No: ~-~_~ _ _
5. The name or names of the public employee or employees causing the injury, damage, or loss, if known.
_.Lde.~tity o~the_~e.~son- that_s~ot~Q.arilyl~.~is is un.kr~ov~n~Cant~~-liev~s ~t ---- -- --- _ - _
__may be_one or more of the followin~officers:Caruso Cranford, Davies,_Day, Garcia,
'Walsh,. or ,others not~et known_or. identified...._
6. If amount claimed totals less than $10,000: Provide the amount claimed if it tatals less than ten thousand
dollars ($10,000) as of the date of your claim, including the estimated amount of any related potential future injury,
damage, or loss, insofar as it may be known as of the date of your claim, together with the basis of computation of
the amount claimed ~inciude copies of all bills, invoices, estimates, etc.)
Amount Claimed and basis for computation:
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), do not
provide a dollar amount in the claim. However, your claim must indicate whether it would be a limited civil case.
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs, does not
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. See CCP §
s6.~ Claimants lama es exceed $25,000.00 and this matter is an unlimited civil case.
9
^ Limited Civil Case ~(~niimited Civil Case
'ou are required to provide the information requested above in order to comply with Government Cod
X910. Additionally, in order to conduct a timely investigation and possible resolution of your claim, th~
;ity of Tustin requests that you answer the following questions.
7. Name, address and telephone number of any witnesses to the occurrence or transaction from which the claim
arises:
Claimant either does not have this information or has not com~led this information.
~. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone
number of any doctors or hospitals providing treatment:
Claimant has not compiled this information but it will be made available at a future date.
If applicable, please attach any medical bills or reports or similar documents supporting your claim.
9. If the claim relates to an automobile accident:
Claimant(sj Auto Ins. Co.: Telephone:
Address:
Insurance Policy No.:
Insurance BrokerlAgent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle Make/Year:
Claimant's Drivers Lic. No.: Expiration:
if applicable, please attach any repair bills, estimates or similar documents supporting your claim.
Pagc 2 of 4
READ CAREFULLY
Fo~~ all accident claims, place on following diagram name of
streets, including North, East, South, and West; indicate place of
accident by "X" and by showing house numbers or distances to
street corners. If City/Agency Vehicle was involved, designate by
letter "A" location of CitylAgency Vehicle when you first saw it,
and by "B" location of yourself or your vehicle when you first saw
CitylAgency Vehicle; location of CitylAgency vehicle at time of
accident by "A-1" and location of yourself or your vehicle at the
time of the accident by "B-1"and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a
proper diagram signed by claimant.
SIDEWALK
7
SIDEWALK
CURB ~
Warning: Presentation of a false claim is a felony (Penal Code §72}. Pursuant to CCP §1038, the CitylAgency may seek
to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good
faith and with reasonable cause. ,,-
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By: Mark P. Millen, Attorney for Marilyn Ellis
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Pagc 3 of 4
CURB-~`
IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION.
SIGN BOTH FORMS.
APPLICATION FOR LEAVE TO PRESENT A
LATE CLAIM TC? THE CITY OF TUSTIN
The undersigned hereby applies for leave to present a late claim to the City of Tustin. This application is being made
within a reasonable time, not exceeding one ~1) year, after the accrual of the cause of action. Under some circumstances,
leave to presertt~a late claim will be granted (Government Code § 911.6). The reason for delay in pr~sg the claim is:
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Date Signature of Claimant 1~
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Revised 1212004 `
Payc4of4
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To: City of Tustin, Ci,~ c'lerk's Office, 300 Centennial 'Way, ~stin, California,
92780
R~: Claim for Injuries and Damages
You are hereby notified that Marilyn Ellis whose address is 2 North Santa Cruz Avenue,
#205, l~os Gatos, CA, 95030, claims damages from the City of Tustin., Officer Caruso,
Ufflcer Cranford, Officer Davies, Ufflcer Day, Officer Garcia, Officer V~lalsh, and other
unidentified and/or unknown employees and agents of the City of Tustin. All notices or
other communications regarding this claim should be sent to Mark. P. Mi11en, Attorney at
Law, 2 N. Santa Cruz Avenue, Suite #205, I~os Gatos, California, .95030, (408} 399-9707.
This claim is for personal injuries and property damage sustained by claimant on or about
October 27, 2006, in the vicinity of 4870 Barranca Parkway near Creek Road in. Irvine,
California. On the date mentioned above, claimant alleges that one or more of the above
identified persons and other unknown and/or unidentified person(s) were acting within
the course and scope of their employment when they negligently caused claimant to be
shot. Based on information and belief, claimant alleges the City of Tustin was the
employer of one or more of the individuals responsible for the shooting incident and/or
claimants injuries and damages. Based on information and belief claimant alleges the
person(s) who caused her to be shot were police officers.
Based on information and belief Marilyn Ffllis further alleges the above listed persons and
other unknown and/or unidentified person(s) and the City of Tustin were negligent and
that this negligence was a cause of Marilyn Ellis' injuries and damages. The unidentified
person(s) performed their duties negligently causing the shooting of Marilyn Ellis, and
further violated California law, including but not limited to, various provisions of the
Penal Code and one or more policies and procedures of the City of "~hustin.
The City of Tustin is vicariously liable for the unidentified shooter's neligence, and the
shooter was acting within the course and scope of their employment at the time of the
shooting incident.l~he City of 'Tustin, and their known and unknown employees and
agents, are also liable for negligent entrustment and negligence in hiring, training,
retention, discipline, investigation, and supervision of the shooter and others. Claimant
further alleges that the conduct of the defendants negligently resulted in delays in
claimant receiving medical care to her further injury. Marilyn Ellis further alleges that
she was shot as a result of the conduct of identified and unidentified employees and
agents of the City of `Tustin and that such conduct amounts to an intentional tort,
includinb without limitation, assault and battcly.
Marilyn Ellis further alleges the City of Tustin and its known and unknown employees
and agents violated Marilyn Ellis' constitutional and civil rights, including but not limited
to her h'ourth Amendment rights, and are liable to her under the United States
Constitution, 42 U.S.C. Sec. 1983, the California Unruh Civil Rights Act, and similar
prOv1s10I1S Of law.
Marilyn Ellis alleges she has suffered property damage and personal injuries as a result ol~
the above mentioned incident. The personal injuries are alleged to include, but are. not
limited to, expenses for past and. future medical and hospital care, past and future loss oi~
Marilyn Ellis Shooting Claim
Government Claim H~orm Exhibit A
04/19/07 Page 1 of 2
To: City of Tustin, Cii, ~"lerk's Office, 300 Centennial Way, tin, California,
92780
RE: Claim for Injuries and Damages
earnings, past and future general damages, along with prejudgment interest, post
j udgment interest. on the total amount of her loss and damages, and attorney fees.
rThe total amount of damages claimed by Marilyn Ellis exceeds $25,000.00 and this
matter constitutes an u~limiteAd civil cash. ,~
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Mark P. Millen, Attorney, f`i~ laarilyn Ells Date
N. Santa Cruz Ave~~e, Suite #205
~-
Los Gatos, CA 95030
(408) 399-9707
Marilyn Ellis Shooting Claim
Uovernment Claim Form Exhibit A
04/19/07
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