HomeMy WebLinkAbout05 CLAIM OF ROBERT ELLIS 05-15-07Agenda Item
- • Reviewed:
- AGENDA REPORT pity Manager
.° ', Finance Director
MEETING DATE: MAY 15, 2007
T0: WILLIAM A. HUSTON, CITY MANAGER
FROM: RONALD A. NAULT, FINANCE DIRECTOR
SUBJECT: CONSIDERATION OF CLAIM OF ROBERT ELLIS, CLAIM N0.07-10
SUMMARY:
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This is a Claim filed by the spouse of Marilyn Ellis (Claim No. 07-09) stating 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 his wife to be shot. The Claimant alleges their constitutional and civil rights were
violated, and that he suffered personal injuries as a result of the incident.
RECOMMENDATION:
That the City Council deny Claim Number 07-10, Robert 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 revealed that the above
shooting occurred approximately forty minutes prior to the arrival of Tustin Police units to the
scene. The Irvine Police Department requested Tustin Police be dispatched then to assist in
securing the perimeter of their crime scene. It has been verified that the Officers whose names
are listed in the Claim do not work for the City of Tustin, and there is no evidence to support any
involvement in the shooting incident by City of Tustin personnel. Staff is recommending denial of
both Claim No. 07-09 and Claim No. 07-10 at this time.
Rona d A. Nault
Finance Director
ATTACHMENT: Copy of Claim No. 07-10
ConsiderationOfClaimOfRobertEllis07-10.doc
CLAIM AGAINST THE CITY aF TUSTIN
(For Damages to Person or Personal Property}
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R eived Via:
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Time Stamp:
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Claim No:
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PLEASE NOTE:
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A. Read entire claim before filing.
B. 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 add~t~onal space is needed to provide your information, please attach sheets, identifying the paragraphs) being answered.
F. A claim must be presented, as prescribed by the Government Cade of the State of California, by the claimant or a person
acting on his/her behalf and shall provide the information shown below and 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 claims must be mailed or delivered to the City of Tustin, City Clerk's Office, 300 Centennial Vllay, Tustin,
California 92780.
1. Name and Post Office address of the Claimant:
Name of Claimant: Robert Ellis
Home Address: 2 N. Santa Cruz Avenue, Suite #205, Los Gatos, CA, 95030.
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HomeTelephone: X408} 399-9707 !_ Work Telephone: X408} 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: Robert Ellis, c/o Mark P. Millen Telephone: X4908} 399-9707
Post Office Addresser 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 ofi Occurrence: October 27, 2006 Time of Occurrence: approx. 11:00 a.m.
ocation: In the_vicin~ of 4870 Barranca. Parkwa~r near Creek Road in Irvine California.
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Circumstances giving rise to this claim:
almant's wife was shot by one or more persons believed to be police officers, acting within the
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course_ and sco~e..of their em~plo~ment. See Exhibit A attached hereto.
4. General description of the indebtedness, obligation, injury, damage or foss incurred so far as you now know.
Clairnalnt has suffered personal injuries. These injuries include, but are
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_~~otliaa.iteduo.r.~a.st..ancLfuture.medical_ape.nse~.pas#..~.ad~utu.relasf...inc~me, sand-----_ _
_future_.gerleral_d~tm~~e_s~I.QS_s_ofs~ons~unr.~,~e~ud~lne~nt i~t~est, czsst:~u .ent.intere
. anal.. attox~ey~f~es,_ See_Exhi~bit A_.a~tacb~es~..h~re~a~_ _--
Page 1 of 4
5. The name ar names of the public employee or employees causing the injury, damage, or Toss, if known.
. _ identit~of.fih~~rson .that ~hot_M_aril.yn Ellis is.~nknown_~laimant believes it___ _ _____._
may be one or more of the following officers:Caruso, Cranford, Davies, Dom, Garcia, _ ___ _
__ UVals~,__or others not yet known or identified..
6. If amount claimed totals less than $10,000: Provide the amount claimed if it totals 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 (include 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 §
$s.} Claimants lama es exceed $25 OOO.00 and this matter is an unlimited civil case.
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^ Limited Civil Case ~(~nlimited Civil Case
'ou are required to provide the information requested above in order to comply with Government Cody
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 compiled this information.__
8. 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.
!f applicable, please attach any medical bills or reports ar similar documents supporting your claim.
9. If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: Telephone:
Address:
Insurance Policy No.:
Insurance BrokerlAgent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle MakelYear:
Claimant's Drivers Lic. No.: ~ Expiration:
if applicable, please attach any repair bills, estimates or similar documents supporting your claim.
Payc 2 of 4
READ CAREFULLY
for 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 CitylAgency 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
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SIDEWALK
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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 F~ Millen, Attorneyal~~Robert Ellis
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Pagc3of4
IF LATE CLAIM: COMPLETE ITEMS 1- 9 AND THIS APPLICATION.
SIGN BOTH FORMS.
APPLICATION FOR LEAVE TO PRESENT A
LATE CLAIM TO 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 present a late claim will be granted (Government Code § 911.6;. The reason for delay in presenting the claim is:
Date Signature of Claimant
Revised 12/2004
Pagc4of4
To: City of Tustin, C~ ~ clerk's Office, 300 Centennial Way, .~stin, California,
92780
RE: Claim for injuries and Damages
You are hereby notified that Robert Ellis whose address is 2 North Santa Cruz Avenue,
#205, L1os Gatos, CA, 95030, claims damages from the City of Tustin, Of .facer Caruso,
Of .facer Cranford, Oftcer Davies, Officer Day, Officer Garcia, Officer Walsh, 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. Millen, attorney at
Law, 2 N. Santa Cruz Avenue, Suite #205, Los Gatos, California, 95030, (408) 399-9707.
'hhis 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. Un the date mentioned above, claimant alleges that one or more of the above
identified persons and other unknown and/or unidentified erson(s) were actin within
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the course and scope o#'their employment when they negligently caused claimant's wife
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. Based
on information and belief claimant alleges the person(s) who caused his wife to be shot
were police officers.
Based on information and belief Robert Ellis 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 Robert Ellis' injuries and damages. The unidentif ed
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 "I`ustin.
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. The 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's wife receiving medical care to the Ellis' further injury. Robert Ellis further
alleges that his wife 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, including without limitation, assault and battery.
Robert Ellis further alleges the City of Tustin and its known and unknown employees and
agents violated the Ellis' constitutional and civil rights, including but not limited to their
Fourth Amendment rights, and are liable to them under the United States Constitution, 42
U.S.C. Sec. 1983, the California Unruh Civil Rights Act, and similar provisions of law.
Robert Ellis alleges he has suffered personal inj uries as a result of 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 of earnings, past and future
Robert Ellis Shooting Claim
CJovernment Claim Form Exhibit A
04/ 19107 Page l of 2
To: City of Tustin, C~ _ Clerk's Office, 300 Centennial 'VVay, ,~stin, California,
92780
R~: Claim for Xnjuries and Damages
general damages, loss of consortium, along with prejudgment interest, post,judgment
interest on the total amount of her loss and damages, and attorney fees.
The total amount of damages claimed by Robert Ellis exceeds $?5,000.00 and this matter
constitutes an unlimited civil case.
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Mark P~. Mlllen, ~.ttorn~~`for l~o~ert Allis Date
N. Santa Cruz Aven~~~ quite #205
Los Gatos, CA 95030
Q408) X99-9707
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Robert Luis shooting Claim
Gcwernment Claim Form Exhibit A
04,'19/07 Page ? of 2