HomeMy WebLinkAbout4.3 Joseph Martinez Claim t;y
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 25 , 1985
SUBJECT Claim of Joseph F. Martinez
EXHIBITS ATTACHED Claim
RECOMMENDATION _-lJ r/� � Deny claim and notify insurance carrier and claimant
FINANCIAL STATEMENT: Amount of claim - $25 ,000 + damages , the amount of
which are presently unknown ,
DESCRIPTION Joseph F . Martinez has filed a claim against the City
in the amount of $25 ,000 + damages , the amount of which are presently
unknown, alleging false arrest .
It is Staff ' s recommendation: that the City Council deny the claim and notify
both the claimant and the City ' s insurance carrier.
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�/ COPIES TO : Jo,5reph F . Martinez , c/o Marie Pipitone
ITEM NO . Law Offices of Jack Benoun
6222 Thornton Avenue , P. 0 . Box 823
Newark , CA 91586
Mike Nave , City Attorney
Ben Fernandez , Cooper McKenzie Murphy
R E C E I V E D
Q, : H AGAINST PUBLIC EN'T'ITY FEB 2 0 1985
CITY OF DUBUPN
2 0 : CITY OF DUBLIN
3 JO:�EPH F . MARTINEZ hereby makes claim upon you
4 for the oum nC $29 , 000 . 00 plus damages the amount of which are
5 presently unknown , and makes the following statements in
6 support of rpe claim :
7 1 u1nimant ' s post office addres3 is in' care of
8 attorney HAREE PIPITONE , LAW OFFICES OF JACK BENOUN , 6222
9 Thornton Avenue , Post Office Box 823 , Newark , California ,
10 94586 , telephone : ( 015 ) 797-3018 , and all notices concerninr3
11 the claim should be sent to this attorney .'
12 2 . The date and place of the occurrence giving rise
13 to this claim was an arrest made on or about November 16 ,
14 1984 by a peace officer , name presently unknown to claimant , in
15 Dublin , of claimant JOSEPH F . MARTINEZ , and the subsequent
16 prosecution, under CUIC 2101 .
17 3 . The circumstances giving rise to this claim are
18 as follows : Claimant was arrested under a warrant for a
19 Joseph F . Martinez , date of birth 1942 , social security no .
20 557-58-5510 . Claimant ' s date of birth is 9/22/62 and his
21 social security no . in 562-0-5697 . Claimant has been
22 wrongfully arrested and prosecuted .
23 4 . Claimant ' s injuries are : Claimant was wrongfully
24 arrested and has incurred expenses for bail , lost income
25 because he missed work due to incarceration , attorney ' s fees
26 in the defense of this matter , and other amounts not yet
1 1,1;;i nod in addition to mentH anquish from the onsw
2 1 tlC.Ia i,curo Lion and prosecution .
3 6 . The amount claimed as or this date in $25 , 000 . 00
4 plu,:; damages the amount of which are not yet ascertained .
5 7 . The basis of computation of the above amount is
6 as follows as of this date :
7 Attorney ' s Fees $600 . 00
8 Bail 500 - 00
9 Lost Wages not yet ascertained
10 General Damages $25 , 000 . 00
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12 DATED : February 15 , 1985
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14 LAW OFFICES OF JACK BEHOUN
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MARIE PIPI NE
17 Attorneys for Clajimant
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