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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
Subject: Authorization to join amicus curiae brief in the case
of Eastburn v. Regional Fire Protection Authority
Dept: CITY ATTORNEY
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Date: January 15,2002
Synopsis of Previous Council action:
None.
Recommended motion:
That the Mayor and Common Council authorize the City Attorney to join in the amicus curiae brief
in the case of Eastburn v. Regional Fire Protection Authority
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V Signature
Contact person: Robert L. Simmons
Phone:
5355
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None
Source:
Finance:
Council Notes:
Agenda Item No. ::1..7
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STAFF REPORT
Council Meeting Date: January 22. 2002
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
January 15, 2002
Authorization to join amicus brief in the case of Eastburn v. Regional
Fire Protection Authority
A child was electrocuted in a bath tub. In the above lawsuit, the parents of the child claim
that the 911 dispatcher delayed sending emergency personnel to the scene. The delay allegedly
aggravated the minor's injuries. The trial court dismissed the lawsuit. It is now on appeal.
State law requires all public entities to participate in 911 dispatch systems. However,
ordinarily no duty is owed to an individual citizen. The duty is owed to the citizens as a group to
provide the services. The reason no individual duty is owed stems from the fact that emergency
services can be delayed fOl'any number of reasons. The trial court's ruling is correct under current
law.
The City Attorney recommends the City of San Bernardino join in the amicus curiae brief.
There is no charge to the City of San Bernardino for joinder in this brief.