HomeMy WebLinkAboutClaim 783 - J.Ramirez - S.R.Sabas, Y.Jara CITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
REQUEST: CLAIM AGAINST THE CITY (#783) BY JAIME RAMIREZ,
SULEMA RAMIREZ SABAS, AND YOLANDA JARA IN AN UNSPECIFIED
AMOUNT
SUBMITTED BY: Rachelle Klassen, City Clerk
DATE: January 12, 2017
CONTENTS: • Staff Report
• Recommendations of Claims Adjusters and Staff
• Claim No. 783
Recommendation
By Minute Motion, reject the Claim and direct the City Clerk to so notify the
Claimants.
Strategic Plan Objective
This request represents routine conduct of municipal affairs; there is no specific Strategic Plan
Goal associated.
Background
Based on a review of the subject Claim and the recommendation of the Claims Adjuster,
Risk Manager, City Attorney, and staff, it is recommended that the Claim be rejected.
Discussion of this item should be held in Closed Session pursuant to Government Code Section
54956.9(d)(2), potential litigation.
Fiscal Analysis
City of Palm Desert participates in the self-insurance pool of the California Joint Powers Insurance
Authority (CJPIA). Action to reject the subject Claim does not have a fiscal impact on the City at
this time.
Submitted by: Approved:
Rac elle . Klassen, MM , City Clerk Lauri Aylaian, City Manager
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Attachments (as noted)
£ •
CARL WARREN&COMPANY
Claims Management and Solutions
December 14, 2016
Dordulian Law Group
Attn: Antonio Castillo III, Esq.
550 N. Brand Blvd., Ste. 1990
Glendale, CA 91203
RE: Principal • CJPIA
Member City : Palm Desert
D/Event 6/4/16
Claimants • Jaime Ramirez, Sulema Ramirez Sabas, and Yolanda Jara
Our File • 1953048 TVQ
We are the claims Administrators of the City of Palm Desert. Please be advised, you have
unjustly presented a claim to said City in connection with an incident which has no involvement
whatsoever with the City of Palm Desert.
The incident occurred on premises owned and controlled by an entity other than City of Palm
Desert. The City of Palm Desert has no jurisdiction or control over the area where your client
was involved in the accident.
We have instructed our principal to reject your claim. In consideration your future course of
action, we should like to remind you of the provisions of Code of Civil Procedures Section 1038.
In the course of any litigation filed against the City, the City will seek the remedies afforded by
that Section.
It is not the intention of this letter to deter the filing of any lawsuit against the city where there is
a justifiable controversy under the facts and the law. We do feel that in the instant case, there is
absolutely no basis for the City of Palm Desert to be included in your client's claim, or any
litigation that might result.
Under the circumstances we are sure that you will, as you of course should, exercise your
independent judgment in advising your clients on the filing of any litigation that might include
our principal as defendant, fully informing your client of the provisions of CCP Section 1038,
before arriving at your decisions.
Very Truly Yours,
CARL WARREN& CO.
TUw',°-f"Ll J M. Varaw
An Employee-Owned Company
P. O. Box 2411 I Tustin, CA 92781
Tel: 657-622-4200 I Fax: 855-683-3055 1 www.carlwarren.com
CA License No: 2607296
. /..-----
Timothy M. Varon
Claims Specialist
Enclosures: One (1) Declaration of Non Ownership
cc: Member Agency: City of Palm Desert, attn:Rachelle Klassen
Carl Warren & Company I Claims Management and Solutions Page 2
DECLARATION OF
Mark Greenwood
Public Works/Superintendent of Streets for the
CITY OF PALM DESERT
I,Mark Greenwood, declare:
I am the Public Works/Superintendent of Streets for the City of Palm Desert.
I have personal knowledge of the facts contained below and, ifcalled as a witness, could and
would testify competently to them.
Regarding the claim wherein the Dordulian Law Group,A Professional Corporation,on behalf
of Jaime Ramirez, Sulema Ramirez Sabas, and Yolanda Jara, contend that while the Claimants
were driving their vehicle southbound on SR-111,that a vehicle driven by Adelaida Medina was
traveling eastbound on 68th Avenue, in unincorporated Riverside County, CA,and failed to yield
the right of way and stuck their vehicle, causing serious injuries. The City of Palm Desert,
individuals and/or entities associated with the City of Palm Desert,does not own,nor is it
responsible for the planning, designing,construction,repairing,control, maintenance,
management, or operation of SR-11 I at the intersection of 68th Avenue.
Furthermore, the City of Palm Desert did not have any responsibility whatsoever for the subject
property on or before June 4, 2016.
Additionally,the County of Riverside and the State of California Department of Transportation
(CALTRANS)are wholly separate and distinct entities from the City of Palm Desert. The City
of Palm Desert has no ownership, control or maintenance responsibility for any of the County of
Riverside, nor the State of California Department of Transportation's(CALTRANS) properties.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Execu is day o ,2016 at the City of Palm Desert
(declara t)
Zuniv
CARL WARREN &COMPANY
Claims Management and Solutions
December 13, 2016
Dordulian Law Group
Attn: Antonio Castillo III, Esq.
550 N. Brand Blvd., Ste. 1990
Glendale, CA 91203
RE: Claim Ramirez et al vs. Palm Desert
Claimants Jaime Ramirez, Sulema Ramirez Sabas, and
Yolanda Jara
Member : City of Palm Desert
Date Rec'd by Mbr .•
12/8/16
Date of Event 6/4/16
CW File Number 1953048 TVQ
Please be advised the above-referenced claim was referred to our office for investigation. We
are the liability Claims administrators for the City of Palm Desert.
This matter is being handled under the file number provided above and is being investigated by
our Claims Adjuster Timothy Varon.
Upon completion of the investigation, we will contact you concerning our determination of
liability.
Very Truly Yours,
CARL WARREN & CO.
TiAivto-f t M. Vayo-w
Timothy M. Varon
Claims Examiner
657-622-4287
cc: Member Agency: City of Palm Desert, attn:Rachelle Klassen
An Employee-Owned Company
P. O. Box 2411 I Tustin, CA 92781
Tel: 657-622-4200 I Fax: 855-683-3055 I www.carlwarren.com
CA License No: 2607296
%--�T-- :. CITY OF PALM DESERT
��i. ►►� ; 73510 Fred Waring Drive
111 i 4 Palm Desert, California 92260
Xat - �� :' Tel: (760) 346-0611 • Fax: (760) 340-0574
info@cityofpalmdesert.orq
LIABILITY CLAIM ADMINISTRATION FORM
(Per P.D.M.C. Chapter 3.14 — Disputed Claims and Demands)
The Claim filed against the City by JAIME RAMIREZ, SULEMA RAMIREZ
SABAS, & YOLANDA JARA
In the amount of Unspecified Amount (not to exceed $5,000 by Corporations,
Partnerships, Governmental Entities, or Other Legal Entities; up to $7,500 for an
individual) was filed on December 8, 2016. am :74
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❑ Settle Claim in the amount of $
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0 Reject Claim.
10 tin rr.
❑ Adjudicate Claim according to Insurance Recommendation. `=£•'
❑ ,
Adjudicate Claim in another manner (Please specify):
Recommend tion by:
December 8, 2016
Steph n Y. Ary n, i k Manager Date
Approval:
Lauri Aylaian, City Manager Date
Concur:
Robert Hargreaves, City Attorney Date
cc: Claim File — City Clerk
Stephen Y. Aryan, Risk Manager 8-Dec-16
: u Di PluM DHW
73-510 FRED WARING DRIVE
0410.11.
y`` .1 . +/fr/. PALM DESERT, CALIFORNIA 9226O-2578
�" TEL: 760 346-061 z
.�iY„'• infocityofpaltndescrt,org
TO: CJPIA (do CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY,
DIRECTOR OF PUBLIC WORKS, RISK MANAGER
FROM: CITY CLERK
DATE: DECEMBER 8, 2016
SUBJECT: CLAIM NO. 783 - CLAIM AGAINST THE CITY BY JAIME RAMIREZ,
SULEMA RAMIREZ SABAS, AND YOLANDA JARA IN AN UNSPECIFIED
AMOUNT
The attached Claim No. 783 is being transmitted to you for the following:
❑ Information only.
or
❑ Review and recommendation to the Claims Review Committee for any action
required by the City of Palm Desert.
NOTE:There are two immediate issues to consider on this Claim: 1)Incident occurred
on June 4,2016, and the Certified Envelope is postmarked with"Santa Clarita CA-05 Dec
'16"; therefore, not timely received; 2) incident occurred at the intersection of State
Route 111 and 68th Avenue, which is well outside (probably 50-60 miles) the jurisdiction
of the City of Palm Desert, California.
We would appreciate your report, if requested, by January 9, 2017, for timely response
to the Claimant.
RACHELLE D. KLASSEN, MMC
CITY CLERK
Attachment (as noted)
..
Samuel Dordulian 550 N.Brand Boulevard
Attorney a:Lawdi g Suite 1990
Antonio Castillo III Glendale,CA 91203
Dordulian Law Group Attorney at Law
Kenneth J.Stein Telephone:818.788.4919
Toll Free:888,987.6529
A Professional Corporation Attorney at Law Facsimile:818.770.3837
www.dlawgroup.com www.essuley.com
CITY OF PALM DESERT
VIA CERTIFIED MAIL
7014 3490 0001 3013 9603 A51GNgD CLAIM NO. 1 w
_..._ December 1,2016
City Clerk
CITY HALL
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: Notice of Claim Against Government Entity
Clients: Jaime Ramirez, Sulema Ramirez Sabas, and Yolanda Jara
Date of Loss: June 4,2016
Dear Sir/Madam:
Our law firm represents Jaime Ramirez, Sulema Ramirez Sabas, and Yolanda Jara
(hereinafter"Claimants"). We are writing to place you on notice of a governmental claim that
Claimant has against you. Pursuant to Government Code § 910,et seq. we submit the following
information:
CLAIMANTS' NAMES
Jaime Ramirez, Sulema Ramirez Sabas, and Yolanda Jara.
CLAIMANTS' ADDRESS
Mecca, CA; Claimant may be contacted via their attorneys.
LEGAL REPRESENTATIVES/LAW FIRM NAME
Antonio Castillo III, Managing Attorney at the Dordulian Law Group o r-�
rri _ 70
ADDRESS AT WHICH TO RECEIVE NOTICES cam
550 N Brand Boulevard, Suite 1990, Glendale, CA 91203 311, ora
DATES OF OCCURRENCE O0 ''
›—
m
June 4,2016
PLACE OF OCCURRENCE
Samuel Dordulian 550 N.Brand Boulevard
Attorney at taw Suite 1990
C ig Antonio Castillo III Glendale,CA 91203
Dordulian Law Group AttomcyatLaw Telephone:818.788.A919
Kenneth J.Stein Toll Free:888.987.6529
A Professional Corporation Attorney at taw Facsimile:818.770.3837
www.dlawgroup.com www.essuley.com
Intersection of SR-111 and 68th Ave.
CIRCUMSTANCES OF OCCURRENCE GIVING RISE TO CLAIM
On or around June 4, 2016, Claimants were traveling southbound on SR-111 as they approached
the intersection of 68th Ave. Defendant,Adelaida Medina, was driving eastbound on 68th Ave. and
began to make a left turn onto n/b SR-11 I. Although Claimants' low bean headlights were on,
parties did not see each other due to the unsafe intersection,and collided with each other. City
and/or their representatives permitted the intersection to constitute a dangerous condition of
public property.
DESCRIPTION OF INJURY, DAMAGE, OR LOSS
Claimant's injuries include, but are not limited to: Quadriplegia(Yolanda Jara), fractured ankle
(Jaime Ramirez), and dislocated hip(Sulema Ramirez Sabas).
NAME OF THE GOVERNMENT EMPLOYEES CAUSING THE INJURY IF KNOWN
Employees and/or representatives of the City of Palm Desert and Does 1 to 100.
IF LESS THAN$10,000,THAN DOLLAR AMOUNT CLAIMED,ESTIMATE OF
FUTURE INJURY,AND BASIS FOR COMPUTING THE AMOUNT
Claimant's damages are greater than$10,000.
IF GREATER THAN$10,000, WOULD THE CASE BE LIMITED CIVIL CASE?
No,this case is not a Limited Civil Case.
Submitted on behalf of the above-named Claimants,
DORDULIAN LAW GROUP
Antonio Castillo I , Esq.
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