HomeMy WebLinkAbout4.3 Mobley/Moretti Claim CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 11 , 1988
SUBJECT Claim submitted 12/16/87 by William Mobley (025DU)
Claim submitted 12/21/87 by Irene Moretti (026DU)
EXHIBITS ATTACHED Claim Forms (025DU & 026DU)
RECOMMENDATION Deny the Claims . Direct Staff to notify the claimants
and tender the claims to Alameda County.
FINANCIAL STATEMENT: Claim #025DU — alleges damages in excess of $100, 000.
Claim #026DU — alleges damages of $100,000.
DESCRIPTION The City of Dublin contracts with Alameda County for
the provision of Police Services . In addition , the City has an agreement
regarding the provision of Insurance Coverage for services provided under
contract to the City of Dublin.
The City has received two unrelated claims , however , both claims involve
allegations related to Alameda County Sheriff ' s Department personnel . A
claim submitted on behalf of Mr . William Mobley alleges false imprisonment
and denied access to medical care . The second claim was submitted on behalf
of Irene Moretti . The claim alleges denial of civil rights, emotional
distress , humiliation and embarrassment . Both claims involve Alameda County
Sheriff ' s Department personnel .
The adjustors for ABAG PLAN Corporation have reviewed the claims and they
recommend that they be denied and tendered to Alameda County , pursuant to
our Agreement .
Staff recommends that the City Council deny the claims and direct Staff to
tender them to Alameda County , with appropriate notices directed to the
claimants and ABAG PLAN Corporation.
COPIES TO :
ABAG PLAN Corporation
Bruce Gilbert , Black & Bland
ITEM NO.
• o
FC 10
CLAIM AGAINST A PUBLIC ENTITY
TO THE CITY OF DUBLIN
William LolliS__Nobley_ hereby. .makes .a_.claim_against the City--
of Dublin for a sum in excess of $100,000.00 and makes the
following statements in support of the claim:
1) Claimant's address is: .7587 Ironwood Drive, Dublin,
California, 94568;
2) Notices concerning the claim should be sent to the
claimant in care of his attorney, Law Offices of Alan Grossman,
4460 Black Avenue, Suite F, Pleasanton, California, 94566;
3) On September 3, 1987, claimant was arrested and detained .
by the Dublin Police Department allegedly based upon an unpaid
warrant issued out of the City of Oakland.
4) Claimant was detained in the Alameda County Facility at
Santa Rita from September 3 through September 8, 1987 based upon
an alleged outstanding warrant and upon appearing in court on
September 8, 1987, it was discovered that a mistake had-been made, .
that no warrant was outstanding from the City of Oakland and
claimant was released. Claimant claims damages for false
imprisonment for said 'incarceration.
5) During claimants unlawful false imprisonment he was denied
access to medical care and medication that had been prescribed to
him by physicians at the Alameda County Health Care Agency. . Costs
of medical treatment at this time are undetermined. General
1
damages are claimed in excess of $100,000.00.
/A:.//1/i
1'.n e ossman
Attorney for Claimant _ .
•
(' IM AGAINST THE CITY OF DUnTTN
!c (
651-Lid]. No. 00 -076 -
r' - (Office Use Only).
Name of Claimant: - IRENg MORETTI aka IRENE MUM.T 'DEC 211837 • -
Address of Claimant: 790'2 South Lake Drive #C, Dublin;:CAILL4T5 8
Sind Notices to: KERRY M. GOUGH, 24301 Southland Drive #312, Hayward, CA 94545
Place of Occurrence•: (Provide detailed diagram describing exact location,
including physical landmarks or distinguishing land' features, if appropriate. )
El Torito Restaurant, 7202 Amador Plaza Road, Dublin, CA 94568. '
Circumstances of Occurrence: (If an accident, describe physical conditions
surrounding occurrence, such as weather, road and traffic conditions, etc.)
Ms. Moretti is disabled and confined to a wheelchair. She has a licensed service -log to
aid her. The management of El Torito Restaurant denied her access with her dog in violation
a+- gag.
of Cal. Civil Code Sections 54 tine 51.1. The Dthlin police arrived and told Ms. Moretti
that the restaurant had the right to refuse her access and that she had to leave. The police .
ticNdi l i��iil5� iCtu�dl (,.0 LCycire Ui c-estCtdt�ur to serve retti and torcing tier to leave
List names, were and of hone Cavil •of any wit Code Section 365.5.
Daisy Fessenbecker, 6231 W. Hustis, St, Milwaukee, WI, 53223 (414) 353-3603
James '1'. Morris, El Torito Restaurant, . /202 Amador Plaza, Dublin, CA 94566, 829-5412
Description of Damage or Loss:
Denial of civil rights; emotional distress, humiliation, embarassment. •
Name and Department of Involved City Employee (if any) :
MS. Moretti believes' the officer involved was
. Dublin Police Department Officer- Steve Waterhouse. Other officers may have also
been involved in the de asion to require Ms. Moretti to leave the restaurant but at this
tine eir n s are °x•$100 'fl00.00 B
l'otal Amount Maimed: ►� , Breakdown of Amount Claimed:
)aLed: /a f 1 9 lx �` Signed: A-2-A/64,t& /t'�J � )
Attorney tor Irene Moretti
bte: A claim relating to a cause of action for death or for injury to person or to personal
'roperty or growing crops shall be presented not later than the 100th day.after the accrual
f the cause of action. A claim relating to any other cause of action 'shall be•presented not
titer than one (1) year after the accrual of the cause of action.
When a claim that is required^to be presented not-later than the 100th clay after the
_crual of the cause of action is not presented within such time, a wtritten application may
made to the City Council for leave to present such Claim. The application shall be pre within a reasonable time not to exceed one (1) year after the accrual of the cause
action and shall state the reason for the (Way in presenting the claim. The proposed