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Claim #1838-CL & 1839-CL

Claim #1838-CL & 1839-CL

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Claim #1838-CL & 1839-CL
Claim #1838-CL & 1839-CL

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Published by: SGVNews on Feb 01, 2013
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ORIGiNAL
t
irltm
tuc,
ttot4!L
uis
A.
Carrillo,
Esq.
[SBN
-
70398]
LAW
OFFICES OF
LUISA.CARRILLO
1525
Fair
Oaks
Avenue,
South
Pasadena,
CA
91030
 
Attorney for Claimant
MARTIN
GARCIA
MARTIN
GARCIA
Claimant,
VS
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CLAIM
FOR
MONEY
DAMAGES
[Gov.
Code
$
900,
et.
seq.]
Cityof
Monterey
Park,
DOES
I
THROUGH
IO,
INCLUSIVE,
TO
THECLERK
OF
THE
CITY
OF
MONTEREYPARK:
THE
UNDERSIGNED
HEREBY
SUBMTTS
TOTHE
CITY
OF
MONTEREY
PARK
THE
FOLLOWING
CLAIM
FOR
MONEY
DAMAGES:
1.
NAME
OF
CLAIMANT:
MARTIN
GARCIA
NAME OF
PERSON
AND
POST
OFFICE
ADDRESS
TO
WHOM
NOTICE
OF
ACTION
ON
THIS
CLAIM
SHALL
BE
SENT:
MARTINGARCIA
c/o
Luis
A.Carrillo,
Esq.
LAW
OFFICES OF
LUISA.CARRILLO
1525
Fair
Oaks
Avenue
South
Pasadena,
CA
910302.
 
3.
DATE AND
LOCATION
OF
INJURY
SUSTAINED:
Date
of
Incident:Location:
January
23,2012
Parking
lot of
Carl's Jr.
at
l23l
AvenidaCesar Chavez,
Monterey
Park,
California
4.
AGENERAL DESCRIPTION
OF
THE INJURY INCURRED
On
January
23,
2012,
Claimant
Martin
Garcia
is
thefather
of
decedent
Steve
Rodriguez.
On
January
23,
2012
SteveRodriguez
was wrongfully shot
by
Monterey
Park
police
ofhcers
with
their
weapons. The
shooting
of
decedent
Steve
Rodriguez
was
wrongfully
caused
bypoliceofficers of
the
Cityof
Monterey
Park,
and
thepresent
wrongful
death
claims
are made
by
thepresent
claimant
for
the
loss
of
love, affection, society,
support and services
of
Steve
Rodriguez.
Further,
to
the
extent
that the
conduct
of
said
Police
officers
violated
the
civil
rights
of
Steve
Rodriguez,
they
alsoviolated
the
Substantive
Due
Process
rights
of
the
presentclaimants
to
be free
from
stateinterference
in
his
familial
relationship
with
Steve
Rodriguez, in
violation
of
the
l4th
Amendment.
On the above
identified
date,
Steve
Rodriguez
was
unjustifiably
and
wrongly
shot
byunknown
officer
and
various
policeofficers of
the
City of
Monterey
Park.
As
a
result
of this
intentional
and/or negligent shooting,
Steve
Rodriguezsufferedseveral
gun
shots
to
his
body
which
resulted
in
severe
injuries
which
eventually
caused
his
death.
In
shooting
Steve
Rodriguez, the subject
officers
violated
his
constitutional
rights
under
the
4th
Amendment
of
the
Constitution
of
the
United
States.
The
shooting
of
SteveRodriguez
was
a
result
of
the
unconstitutional
policies, practices
andprocedures
in
place
atthe
City
of
Monterey Park
PoliceDepartment
regarding
the
use
of
firearms and
other
restraining devices
against
unarmed
suspects.
The
City
of
MontereyPark,
the
Monterey
Park
PoliceDepartment
ratifies,
condones,
and
acquiesces,
the
negligent
and/or
excessive
use
of
force byits
police
officers.
2
 
5
As
a
direct resultof
thedeath
of
Steve
Rodriguez,the
presentclaimants
have
suffered
the
loss
of
the
love,
society,
comfort,
services,
and
support
of
Steve
Rodriguez.
Further, as
a
directresult
of
the
excessive
and
unreasonable
force
which
was
used against
Steve
Rodriguez,the
present
claimant's
constitutionalsubstantive
due
process
rights
to
be free
from
unwaranted
state interference
inclaimants'
familial
relationship
with
Steve
Rodriguezhave
been
violated.
TOTAL AMOUNT CLAIMED
FOR
PHYSICAL
INJURIES,FUTURE
MEDICAL
CARE,LOST WAGESAND
EARI\ING
CAPACITY,
AND
PAST,PRESENT
AND
FUTURE
PHYSICAL
AND
PSYCHOLOGICALPAIN AND
SUFFERING:
The
amountclaimed
exceeds
the
limit
provided
in
section
910(Ð
of
the
Government
Code,
this
will
be
an
unlimited
damages
lawsuit.
NAME
OF
HOSPITALS/PHYSICIANS:
Unknown
at
present
6.
7.
HOW
INJURY
OR
DAMAGE
OCCURRED/BASISFOR
LIABILITY:
On
January
23,2072,the
present
Claimant
was the
father
of
Steve
Rodriguez.Theinjuries
suffered
by
thepresent
Claimant
resulted
from
theunreasonableand/or
negligent
use
of
deadlyforce
against
Steve
RodriguezbyCityof
Monterey
Park
police
officers,
who
used
excessiveand/or
negligent
deadly
force
against
Steve
Rodriguez.Said
officers
intentionally
and/or
negligentlyfailedto
take
reasonable
steps
and
measures
to
subdue,
restrain
and/or
take
Steve
Rodriguez
into
custody
without
any
use
of force.
The
MontereyParkofficers
who
used
deadly
force
againstdecedentSteve
Rodriguez
used
defectivetacticsand
failed
to
use
non-lethal
force
to
subduedecedentSteve
Rodriguez.The negligent
use
of
deadlyforce
was
thecause
of
decedent'sdeath.
The
negligence
of
the
City
of
Monterey
Park
in
the
failure to
properly
train
its
police
offrcers
caused
the
death
of
decedent.
OTHER
CLAIMS:
False
Arrest,
False
Imprisonment,Battery,Negligence,
Intentional
InflictionandEmotional
Distress,
Negligent
Infliction
of
Emotional
Distress,
State
Civil
RightsViolations,
Violations
of
the
Bane
Act
(Civil
Code
Section
52.1),
rWrongful
Death
and SurvivalAction.
MARTIN
GARCIA
is
theSuccessor
in
interest
to
Steve
Rodriguez.
8
3

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