HomeMy WebLinkAbout4.04 Kevin Kittredge Claim 701-4 o
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 13 , 1986
SUBJECT Claim of Kevin Kittredge .
EXHIBITS ATTACHED 1 ) Claim Form Submitted
2) Report of Stored Vehicle #85D-1870
3 ) Copy of Section 22651(0) of the California Vehicle
Code
RECOMMENDATION Deny the claim and notify the claimant and the City ' s
Insurance carrier.
FINANCIAL STATEMENT: Claim is for $10,000.
DESCRIPTION The City of Dublin has received a claim submitted on
behalf of Mr. Kevin Kittredge .
The claim alleges that Mr. Kittredge ' s automobile was towed and he was not
allowed to see his vehicle. The claimant has submitted a claim for the
alleged value of the vehicle and alleged emotional distress .
Dublin Police Services records indicate that the vehicle was removed from
the roadway on August 19 , 1985 pursuant to California Vehicle Code Section
22651(0) . The vehicle had registration tags which expired in January of
1984.
State Government Code Section 911 . 2 requires that claims be submitted within
100 days . The claim was not submitted in a timely manner as required by the
law.
Staff recommends that the City Council deny the claim as it does not meet
the provisions of the law and notify the claimant and the City' s Insurance
Carrier.
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COPIES TO : Kevin Kittredge
c/o Roger A. Purdon, Attorney
Ben Fernandez , Insurance
Broker
ITEM N0. 4 * 4
' r
CLAT/ "7AINST THE (,T` V (-)r DURT TAT
CT +.erTT'^ NAMr (pri.nt) • KEVIN KITTREDGE
2. CLAIMANT'S ADDRESS: Contact Claimant via attorney ROGER A. PURDON
(address) (city) (State) (Zip Code)
2259 Derby Street, Berkeley, Ca. 94705
3. AMOUNT OF CLAIM $ 10 ,000 . 00 PHONE NO. 841 3366
4. ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF above attorney address
DIFFERENT FROM LINES 1 and 2: (print)
(Name)
(Street or P.O. Box Number)
(City) (State) (Zip Code)
5. DATE OF ACCIDENT/LOSS: On or abour September 7 , 1985.
6. LOCATION OF ACCIDENT/LOSS: Dublin Police Department
7. HOW DID ACCIDENT/LOSS OCCLR: After the Dublin Police Department allegedly
towed the automobile of Kevin Kittredge to the impound lot at the
Dublin Police Department, Mr. Kittredge presented himself at said
place to redeem his automobile. At that time the Dublin Police Dept.
refused to allow him to see his car and in fact it had removed said. . . . . . .
continue
8. DESCRIBE INJURY/DAMAGE/LOSS: Mr. Kittredge has had his automobile
taken and coverted by the Dublin Police Dept. without due process of
law. Said taking was an intentional and wrongful taking and was
totally unjusti is e.
9. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY/DAMAGE/LOSS, IF KNOWN:
The names of the officers actually taking said property are not
known at this time.
10. ITEMIZATION OF CLAIM (list items totalling amount set forth above) :
Value of the automobile - 1969 Fireb.ird - $ 2, 000 . 00
Emotional distress inflicted $ 8 , 000 . 00
$
TOTAL $ 10 ,000 . 00
11. SignedW X6i� on behalf of Claimant:
ROGER A. PURDON
12. Dated: ,�P..c`/��� •
1 I Number 7 (continued) :
2I
3i • • • •vehicle from said impound lot and had further taken said
4 vehicle to an undisclosed lcoation outside of Alameda County,
5
Ca. At no time did Mr. Kittredge consent to this taking. At no
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7 time was there to his knowledge any court order or provision of
3 law allowing said Police Department or any other law enforcement
. .9
agency the right or power to so take and/or confiscate his
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11 vehicle. Said .taking was and is a tortious conversion of property,
12 committed knowling and intenationally by personnel of the
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14 Dublin Police Department and the Dublin Police Department.
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Roger A.Purdon
Attorney at LAw
2259 Darby Street '
Berkeley.CA 94705 '
(415)841-3366
E►ARTM.NT OF CALIFORNIA HIGHWAY PATROL Use reverse for reporting Em-
IMPOUNDED ❑ RECOVERED 5ZSTORED ❑ RELEASED — VEHICLE REPORT bezzled/Stolen Vehicles/Plates.
RQPOR ING DEPARTMENT LOCATION CODE OAT./TIM.REPORTED PILE NUMBER
��Lt61LitJ jE?V . /C7 9'!q-5SL,rz! � `�SrZ_ cS�7Z�
.00ATION TOWED/RECOVQRQD FROM WAS NEIGHBORHOOD OR AREA CHECKED FOR WITNESSES,LEADS.CLUES? IF
Ir-C 74133 t!..ar2k da�E �`. K^�PLAIN IN REMARKS OR ON SEPARATE 1H66T(S).
LL2fJJ YQf ❑NO
rOWING/STORAGE CONCERN NAM.AND AOOR.SS TELEPHONE NUMBER TOWED TO/STORED AT TQ LEPH oNa Nu MB.R
P6 t REPORTED BY HOME ADDRESS TELEPHONE NVM66R
C-U
BUSINESS ADDRESS TELEPHONE NUMBER
DESCRIPTION AND OWNERSHIP
YEAR MANE MODAL BODY TY PB COLOR (combination) LICENSE NUMB.R(S) MONTH/YEAR STATE-
/�. ONE �i41 �^
L?C Cf?E Z!/'� C,5 ❑Two >/ �'O 7
VRHICLH IDENTIFICATION NUMBER (VIN) ENGINE NUMBER (EN) V COM►AR. VIN APPEAR VIN CLEAR IN!VS LICE NU M BHR(SI
WITH REG,CARD ALTERED/REMOV,D CL�EyAR IN 3VS
YES ❑NO El,.. No �YES ❑ NO L1q Yef ❑ No
IF STOLEN,NAME,DATE AND CASE NUMBER OF REPORTING AGENCY WAS VEH.RETURNED TO STORAGE AUTHORITY
AOWNER �— ``
REGISTERED OWNER ADDRESS \ TELE PH ON.(S) (home art ualness)
r-VI/1� 4-1 rrEZ,1_)c C-- s'�i/ E N. 631cc 0�2. L�u �/V
LEGAL OWNER ADDRESS THLEPHoNE(s) (home and businessT
n F"r✓
CONDITION AND INVENTORY(Use Remarks space or attach separate descriptions as needed.)
ODOMETER READING DwIVEABLH NAVE YOU ENTERED MISSING,IDENTI FIABL6 ►ARTS IN SV57 *Describe fully in
I `J, ' �� ❑ YE! ❑ HG NKNOWN El YE! No remarks apace
CONDITION YES NO ITEMS YES NO ITEMS YES NO TIRES/WHEELS CONDITION ITEMS; IDENTIFICATION NUMBER
WRECKED SHAT(front)Z REGISTRATION LEFT FRONT ? CAMPER
BURNED SHAT(rear) ALT/GENCRATOR `, RIGHT FRONT CARGO
VANDALIZED RADIO BATTERY LEFT REAR VHSSHL AS LOA
ENG/TRANS STRIP TAPE DUCK DIFFERENTIAL �C RIGHT REAR h Z> FIREARMS
MISC.PARTS STRIP TAPES (n / I ) TRANSMISSION SPARK(f) 4Yt OTHER
BODY METAL STRIP l- OTHER RADIO AUTOMATIC HUB CAPS
X.
VIN sWITCH IGNITION KEY MANUAL ( ) WHEH LS ♦vl
REMARKS(Use additional blank sheets as required. Include all pertinent in ormation.
LIST PROPERTY,TOOLS,VEHICLE DAMAGE,LAST DRIVER OF VEHICLE,ARREST! (full names,charges,where detained)
72� L.,E- 1-4,9c �C= V 1 ��C /�Gl/✓�
r
>� 1 1U 0 i--?1 E //0 r-,Q,?t 4 1'C r'UD at-I GU 6"(,) O ftil4 5,j oz E:
O L/L 2 / (� T Lt t° Li I �t= Z C C' S
1 111^//) V` ��►� � <_
•�1 U/ C and f e ��,J � O� /J ❑CONTINUED ON SEPARATE SHEET
z
OFFICER ORDERING /.GHICLH STORK O (signature) I.D NUMBER GARAGE • NCI" R AGENT STORING V.H Is, Ure DATE ANO TI ca
.
VALUATION, R ELEASE,DISPOSITION
RECo VERY TELETYPE (date and REQUIRED NOTICES SENT TO REGISTERED& IF NO If CHECKED,INDICATE REASON O AVA PROGRAM
number) LEGAL OWNERS (Sec. 22862 VC)
❑YES ❑ No
APPRAISED VALUE DATE AND TIME OF APPRAISAL APPRAISING OFFICERS SIGNATURE I.D.NUMB6R
TO (storage authority/concern) DATE
RELEASE VEHICLE TO ADDRESS
SIGNATURE OF PERSON AUTHORIZING RELEASE CERTIFICATION: I, the undersigned, do hereby certify that I am legally
authorized and entitled to take possession of above described vehicle.
NOTE: CHP 180 is furnished all peace officers by the California Highway SIGNATURE OF PERSON TAKING POSSESSION
Patrol.
CHP 180 (Rev 5-85) OPI 065 Use previous edition until depleted
STORED VEHICLE: r lle and phone number in Misc: Field)
(Ente Ration of vehic
-WITH HOLD -
C.UA—IEVSH.CA0010010. -
License 8 State (2Y Yr. (2) .Type 2 - Vehicle ID number 20
Er XGB 1751 `E,_ 6
UA XGB
SVE .1�
RE TOWED/STORED VEHICLE F :Y
. F CN/1 0485231 02063 CA/85DO i 870
**i CA FILE ONLY *****
LTC/ZIP050
I F V I N/2233791_i i 3 763 ATORY
FIE 08i 985 131 -7
_ XGB 1752 _
THE IA XGB VIN OR
TH[ Q.CA00i0000.ZIP050
- INQUIRY MATCH ON LIC/ZIP050
Mw TOWED/STORED VEHICLE
LIC/ZIP050 69 FONT FBD 2D GRY VIN/223379Lii3763
VB LIS/CA LIY/84 LIT/PC LEVEL OF
„1, ORI/CA00i 0000 OCA/85DO1870 DoT/081 985 FCN/i 048 523i 02063 ;IC, WHICH
WI[ MIS/SAVE TOW 829-4637
ENT/CALIF
UN[ IMMED CONFIRM WITH CA00i 0000 AL.AMEDA CO SO/05 577-1031 RENTHESIS
IN[ 4PAGF_ 2 OF 30
OPAuE 3 OF 30
081985 1251
XGIi 1744
IV XGB
DATE : 08/i 9/85 TIME : 12 : 53 y .-�
EXP :Oi /26/84 L_IC�� : ZIP050 YRMD : 69 MAKE : PUNT BTM : CF�:-23 7
VIN : 223379L_i i 3763
R/O . : THRELKE:LD JEFF T, 7802 ALTO WY CITY : DUE<L_IN C.C. : 0i ZIP : 94566
SOLD : 04/i 9/69 RCID : 03/i 5/33 OCID : 030 5/83 LOCD :3
REC STATUS :
0208/83 VR INSPECTION EXEMPTION
RECEIVED 01 /i 8/84 INCOMPLETE RELEASE OF LIABILITY ( 1 38) DISCARDEI) I
RELEASE OF LWIL_ITY (REG. 13G)
: RECEIPT DATE : 02/15/85 TRANSFER DATE : Oi /10/84
BUYER : KITTRE:DGE: KEVIN, 6884 AMADOR VALLEY BL_
CITY : DUBLIN SEl_L_ER : SAME AS R/0 ON FILE
END
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JU I '' 22 651
-414- Div. 11
1 F fi ( y >�h.yry �•y riOi`rho ''r + Y2t. G ` ! .
vehicle has been impounded or a notice to appear for violation of subdivision s
ti ,�F •r r a� } ;'p w t i Ar, � ,`,�
'(a) of Section 4000 shall be issued to that person.
Nur Kati i�O1 When any vehicle is found illegally parked and there are no license
plates or other evidence of registration displayed, the vehicle may be
impounded until the owner or person in control of the vehicle furnishes the i
�t
t y ,v.� 3 impounding law enforcement agency evidence of his or her identity and an .
i ,`, s h' his state at which he or she can be located.
within t - �
(k) When any vehicle is parked or left standing upon a highway for 72 or
more consecutive hours in violation of a local ordinance authorizing
xrh �6Ya „ 1a1 ' i�a<r1��1 �� ; removal.
(1) When any vehicle is illegally parked on a highway in violation of any
•,,,,t },t d �' r `� t l"r i local ordinance forbidding standing or parking and the use of a highway or 1
c � �1 Nf' a portion thereof is necessary for the cleaning,repair,or construction of the
" , highway, or for the installation of underground utilities, and signs giving }
.. { erg _°� „;q . notice that ( )S the vehicle may be removed are erected or laced at least
�,�; r,� �, '°��.�,� • �'l:l�{��,,, 24 hours prior to the removal by local authorities pursuarlt to the ordinance.
(m) Wherever the use of the highway, or any portion thereof, is `
authorized by local authorities for a purpose other than the normal flow of /
?.. traffic or for the movement of equipment,articles,or structures of unusual
a size, and the parking of any vehicle would prohibit or interfere with ( )a
that use or movement,and signs giving notice that ( )a the vehicle maybe
removed are erected or placed at least 24 hours prior to the removal by local
authorities pursuant to the.ordinance. I
(n) Whenever any vehicle is parked or left standing where local t
authorities, by resolution or ordinance, have prohibited ( )a parking and
have authorized the removal of vehicles.No vehicle may be removed unless
signs are posted giving notice of the removal.
(o) When any unattended vehicle is found upon a highway with 'a
i registration expiration date in excess of one year before the date it is found
on the highway. For purposes of this subdivision, the unattended vehicle i
shall be released to the owner or person in control of the vehicle only aRer - y
the owner or person furnishes the storing law enforcement agency with
proof.of current registration. In lieu of obtaining proof of current {
l registration,the storing agency may,in its discretion,issue a notice to appear
i for the registration violation.
(p) When the peace ofFcerissues the driver of vehicle a notice to appear i
for a violation of Section 1.25OO, 14601, 14601.1, or 14601.2 and there is no
passenger in the vehicle who has a valid driver's license and authorization
to operate the vehicle.Any vehicle so removed from the highway shall not
be released to the registered owner or his or her agent except upon
presentation of the registered owner's or his or her agent's currently valid
driver's license to operate the vehicle or upon order of a court, I
Amended Ch.972,Stats. 1959.Effective September 18,1959.
Amended Ch.59,Stats. 1960.Effective June 25,1960.
Amended Ch. 1004,Stats.1963.Effective September 20,1963.
Amended Ch.543,Stats. 1967.Effective November 8,1967.
Amended Ch.749,Stats.1968.Effective November 13,1968.
Amended Ch.1116,Stats. 1969.Effective November 10,1969. i
Amended Ch.886,Stats. 1970.Effective November 23,1970. !
Amended Ch. 130,Stats.1971.Operative May 3,1972.
Amended Ch.545,Stats. 1974.Effective January 1,1975.
Amended Ch. 1129,Stats. 1977.Effective January 1,1978.Supersedes Ch.73 and Ch.486.
Amended Ch.909,Stats. 1979.Effective January 1,1980.Supersedes Ch.831.
Amended Ch. 1340,Stats.1980.Effective September 30,1980 by terms of an urgency clause. i
Amended Ch.343,Stats.1981.Effective January 1,1982.
Amended Ch.344,Stats. 1982.Effective January 1,1983.
Amended Ch. 1017,Stats. 1983.Effective January 1,1984.Supersedes Ch.816.
The 1983 amendment added the italicized material and at the point(s) indicated deleted the
following:
'::is empowered to" '
3"such"
4"unattended"
s"such a"
i