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Home My WebLink About14 CLAIM 04-35 (HILL) 02-22-05AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: FEBRUARY 22,2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: CLAIM OF RICK HILL, CLAIM NO. 04-35 DISCUSSION: The claim identifies Rick Hill as a "City of Santa Ana Police Officer" who was stopped by Tustin Police. The claimant alleges that he was "interrogated" and "detained" for no reason, thereby "falsely imprisoning him and causing severe emotional distress. The claimant seeks general damages and special damages, including medical expenses in excess of $10,000. The claimant works for the Santa Ana Unified School District Police Department. The claimant was stopped because the vehicle did not have a rear license plate and the officer could not confirm which city the patrol car was from. The car was marked "Police" on the door. After confirming that the driver worked for a legitimate police agency and pointing out that the vehicle did not have a rear license plate, the officer let the driver get on his way. By way of background, the Sheriff has put out a Terrorism Early Warning Group Advisory memo regarding the potential security threat presented by the unauthorized use of official uniforms and vehicles. The police officer was only using due diligence about a suspicious vehicle in making the stop. The claimant was not detained or arrested. In summary, there is no potential liability on behalf of the City. It is recommended that the claim be denied. RECOMMENDATION: After investigation and review by this office and by the City's Claims Administrator, it is recommended that the City Council deny the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys. ATTACHMENT: Copy of Claim LOIS E. JEFFREY LEJ/blw cc: William A. Huston, City Manager February 17, 2005 DEC-21-2Ø04 10:42 CITY OF TUSTIN 714 832 6382 P.04/08 Ten)' M. Goldbetg. Bradlcy C. Gagc. RECEIVED 'APROPESSIONAL u.w OOfU'U...,"¡ON A PartnershlD .fPror...lonaiLaw ~IW BY CITY CLERK'S OFACE 23002 VICTORY BOULBV ARD - WOODLAND HILLS. CA 91367 - (818) 34o-g2S2 - FAX (8l8) 340-9088 Email, ,..ldh....,¡¡¡..ldbo,..lId.....com BllllÎl: b~...ldb......d.." com ~ 'A 'RDFSIWDlÆL2'~T1ON December 17, 2004 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED City of Tustin City Clerk's Office 300 Centennial Way Tustin, California 92780 Re: Hill v. City of Tustin . Government Claim Fonn Gentlemen: Enclosed is a completed government claim fonn for olaimant Rick Hill, concerning an incident occurring August 23, 2004. Please direct all further correspondence to this office. Vety truly yours, GOLDBERG & GAGE A P./7~_OfPro;aiOnai Law Cotporations c// f//tMá¡ ~/ MARLA A. BROWN MAB:bh Enclosure H,IVrn¡MTAIIIIHILL v CITY OI'TIlSTlN'Caml",ondon,,'Cl'I'YClJU(OOl.wp<! DEC-21-2Ø04 10:42 CITY IF TUSTIN 714 832 6382 P. 05/Ø13 CLAIM AGAINST THE CITY OF TUSTIN (For Damages 10 Person or Pørsonal Property) Clï't OF TUSTIN Received via: lDDHEC 21 A q; 3, Time Stamp - U.S. Mail- Inter-Office Mail- Over the Counter - Claim No; oLf - ".6 A claim must be presented, as prescribed by the Government Code of the state of Califomla. by the claimant ora person acting onhlslherbehalfand shall provide the Information shown below. Be sure your Claim Is against the City of Tustin, not another public entity. Completed claims must be presented to the City of Tustin, City Clerk'. Office, 300 CentennIal Way, Tustin, California 92780. If additional space Is needed to provide your information, please attach sheets, Identifying the paragraph(s) being answered. 1. Name and Post Office address of the Claimant: Name of Claimant: Rick Hill Post Office Address: C/O: GOLDBERG AND GAGE, 23002 Victory Blvd., Woodland Hills, CA 91367 2. Post Office address to which the person presenting the claim desires notices to be sent: " 23002 Victory Blvd., Woodland Hills, CA 91367 Name of Addressee: Rick Hill c/o Goldberg and Gage Attorneys at Law Telephone: (818) 340-9252 Post Office Address: Same as above. Pagclof4 DEC-21-2004 10:42 CITY OF TUSTIN 714 832 6382 P. 06/0S 3. The date, place and other circumlltances of the occurrence or transaction from which the claim arises: Date of Occurrence: August 23, 2004 Time of Occurrence: Approximately 7:30 a.m. Location; Pacific Avenue and Main Street, City of Tustin, Callfomla. Circumstances giving rise to this claim: Claimant RIck Hili, a City of Santa Ana police officer, was in uniform . operating a marked black and white Santa Ana Police Department autom~blla, He had stopped at his department-deslgnated dry cleaners to pick up uniforms. The dry cleaners Is located in the City of Tustin, and Is regularly frequented by Santa Ana Police officers for that purpose. Claimant HIli drove awayfrorn the cleaners and was followed by a City of Tustin police vehicle. As Hill turned left off of Pacific Avenue onto Main Street, the City of Tustin police vehicle activated Its overhead lights and effected a traffic stop of Mr. HilI. Without warning, provocation or justlflcetlon, the City of Tustin police officer approached Mr. Hili, and Interrogated him, and detained him at the scene for no reason, thereby falsely imprisoning him, and causing severe emotional distress. 4. General description of the Indebtedness, obligation, Injury, damage or loss incurred so far as you now know: General Damages, and spacial damages Including medical expenses In excess of $1 0,000. 5. The name or names of the public employee or employees causing the injury, damage, or loss, If known: Unidentified City of Tustin female police officer. 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, Page 2 of 4 DEC-21-2Ø04 10:43 CITY OF TUSTIN 714 832 6382 P.07/08 damage, or loss, Insofar as it may be known as of the date 01 your claim, together with the basis of computation ofthe 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 § 86.) Limited Civil Case xxx Unlimited Civil Case You are required to provide the In'onnetlon requested aboye In order to comply with Government Code 5910. Additionally, In order to conduct e timely Investigation and p088lble resolution ofyourcleim, the City of Tustin requ..ta 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: Rick Hili, City of Tustin (unidentified individuals); and Santa Ana Police Chief Myshira. 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: Kaiser Permanente, 5330 San Bemardlno Street, Montclair, CA 91763 If applicable, please attach any medical bIlls or reports or simIlar documents supportIng your claim. If the claim relates to an automobile accIdent: 9. e ep one: Insurence Policy No.: elep one: Address: Page 3 of 4 ŒC-21-20Ø4 10:43 CITY OF TUSTIN 714 832 6382 P.08/Ø8 Claimant's Drivers Lie, No.: Expiration: If appllaable. please attach any repair bills, estimates or similar documents supporting your claim. READ CAREFULLY For all accident claims, place on following diagram name of Cfty/Agency Vehicle; location or Clo//Ageney vehicle at time of straets, Including North, East, South, and West: Indicate placa of accident by .A-1" and loaation of yourself or yo,ur vehicle at the accident by .X' end by showing house numbers or distances to time of the accident by .8-1" and the point of Impact b~ "X: street comers, If Clty/Agency Vehicle was Involved, designate by letter A" location of Clty/Agency Vehlde when you first saw It, NOTE: If diagrams below do not fit the situation, attach hereto a and by "8" location of yourself or your vehicle when you first saw proper diagram signed by claimant. Not en accident claim Wamlng: Presentation of a false claim Is a felony (Penal Code §72). Pursuant to CCP §1038, the City/Agency 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. Dated: December 17, 2004 GOLDBERG AND GAGE :~~~ MARLA A. BROWN Attorneys for Claimant Rick Hili Page4of 4 TOTf't. P.08