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Home My WebLink AboutClaim 771 - O.CiccolaCITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#771) BY ORLAND CICCOLA IN AN UNSPECIFIED AMOUNT SUBMITTED BY: Rachelle Klassen, City Clerk DATE: June 9, 2016 CONTENTS: • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 771 Recommendation By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. Strateaic Plan Obiective None 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(b), potential litigation. Submitted by: W- _t�?;:4VIN - ..�� is ` 7 MUM rd k Attachment (as noted) Approved: 4 . 4 J IN McCARTHY TE IM CITY MANA ER CAM. IVARII .N & CON111"ANY Claims Management and Solutions May 23, 2016 TO: City of Palm Desert ATTENTION: Rachelle Klassen RE: Claim Claimant Member Date Rec'd by Mbr Date of Event CW File Number Ciccola vs. Palm Desert Orlando Ciccola City of Palm Desert 5/19/16 12/16/15 1936975 TVQ Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist. Very Truly Yours, CARL WARREN & CO. Ti,4� M. Varo-w Timothy M. Varon Claims Specialist AN EMPLOYEE -OWNED COMPANY 770 S Placentia Avenue i Placentia. CA 92870 P O Box 25130 i Santa Ana, CA 92799-5180 www carlwarren.com i Tel 7i4-572-5200 i 800-572-6900 i Fax. 866-254-4423 CA License No 2607296 �JJ�+ GUIL WARREN & COi�1PAUNY Claims Management and Solutions May 23, 2016 Timothy Ryan & Associates Ryan Law Building 8072 Warner Ave. Huntington Beach, CA 92647 RE: Claim Claimant Member Date Rec'd by Mbr Date of Event CW File Number Ciccola vs. Palm Desert Orlando Ciccola City of Palm Desert 5/19/16 12/16/15 1936975 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. Ti,4� M. Va -o-w Timothy M. Varon Claims Examiner 657-622-4287 cc: Member Agency: City of Palm Desert, attn:Rachelle Klassen An Employee -Owned Company 770 S. Placentia Avenue I Placentia, CA 92870 Tel: 800-572-6900 1 Direct: 714-572-5200 1 Fax: 866-254-4423 1 wvvw.carlwarren.com CA l-icense No: 2607296 I I I y of P In [ M 7 3 - 5 io FRED V"ARING DRIVE PALM DESERT, C.AUFORNIA 92260-2578 TEL: 760 346—o61I info(. citcofpalmdesemorg TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, DIRECTOR OF PUBLIC WORKS, RISK MANAGER FROM: CITY CLERK DATE: MAY 19, 2016 SUBJECT: CLAIM NO. 771 - CLAIM AGAINST THE CITY BY ORLAND CICCOLA IN AN UNSPECIFIED AMOUNT The attached Claim No. 771 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. We would appreciate your report, if requested, by June 20, 2016, for timely response to the Claimant. Note: Staff has made contact with the Joslyn Center regarding this matter; they have already been served with a Complaint (copy attached), and their insurer has engaged legal counsel. Once my office has additional information to provide, it will be forwarded immediately. RACH LLE D. KLASSEN, M CITY CLERK Attachments (as noted) CITY OF PALM DESERT CLAIM AGAINST THE CITY OF PALM DESERT ASSIGNED CLAIM NO. (For Darnage(s) to Person(s) or Personal Property) Received by: via: U.S. Mail Interoffice Mail Over -the -Counter A CLAIM MUST BE FILED WITH THE CITY CLERK OF THE CITY OF PALM DESERT WITHIN SIX MONTHS AFTER WHICH THE INCIDENT OR EVENT OCCURRED. BE SURE YOUR CLAIM IS AGAINST THE CITY OF PALM DESERT, NOT ANOTHER PUBLIC ENTITY. WHERE SPACE IS INSUFFICIENT, PLEASE USE ADDITIONAL PAPER AND IDENTIFY INFORMATION BY PARAGRAPH NUMBER. COMPLETED CLAIMS MUST BE MAILED OR DELIVERED TO THE CITY CLERK, CITY OF PALM DESERT, 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260. TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Palm Desert, California: The undersigned respectfully submit(s) the following claim and information relative to damage(s) to person(s) and/or personal property: 1. CLAIMANT INFORMATION: NAME OR�f►.X��\CCC��G.� ADDRESS PHONE NO. 1 SOCIAL SECURITY NO. - DATE OF BIRTH: DRIVER'S LICENSE NO. 2. Name, telephone number and post office address to which claimant desires notices to be sent, if other than above: 9 C► n -3 IkStp 1 C '� �'"12- \nj0-xu.R (A-veNA-e. }�kkry l n&' Ln �C% C6 oy1 l(RgR-LIN4y 3. Occurrence or event from which the claim arises: a. DATE: \2•\ -6 b. TIME: pX. 12'15 pm C. PLACE (exact and specific location -'(sg_ ooStUn r P- d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or ommission you claim caused the injury or damage. (Use additional if nec� essa1�1.�� i{'<A -F�j`�� -47� p�`�, rn�� e. What particular action by the City, or its employees, caused the alleged damage or injury? --WRQ, C \ "DRIeR-Iv� mhriti'�1�2 4; e�,.Q �rc1 �t cCA o"k m �t . ) SC 'ZI 11; 61 AVW Big? Page 1 of 2 3013.30 S. )181 31'kilo 43AI3098 4. Give a general description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be known at the time of presentation of the claim. If there were no injuries, state "no injuries": C(j��,ni,� }_ �tR�r.h�,rtn�ir, -'k2 ['fuvx. O'F hi�l 'FP1?.�'haRz� ' ±VAi)r.hcAn±e6(, 'FRo�Ch�Qw. 5. Give the name(s) of the City employee(s) causing the damage or injury:p� 6. Name and address of any other person(s) injured: N DN f . 7. Name and address of the owner of any damaged property: hADN-e, 8. Damages claimed: k a. Amount claimed as of this date: $ cyceeAC IF ,OW b. Estimated amount of future costs: c. Total amount claimed: $ d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.): 9. Names and addresses of all witnesses, hospitals, doctors, etc.: e r�ht�NP,cL i��f c� 1C0.� UwA-u- •1 1)R . J oh�n Tx,ru�� s � �aA �ntci�fv, 0t+01.- 10. Any additional information, including police reports, which might be helpful in considering this claim: WARNING:IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (PENAL CODE 72; INSURANCE CODE 556.0. I have read the matters and statements made in the above claim, and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. gRRd 6thil day of 10 C SI ACLA M I T�' GNATURE OF CLAIMANT �Office ty Clerk, Palm Desert, California DOC. NO. DATE FILEDS- Page 2 of 2 I