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Home My WebLink AboutClaim 760A - L.WesserCITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#760A) BY LONETTE WESSER IN THE AMOUNT OF $1,257.44 SUBMITTED BY: Rachelle Klassen, City Clerk DATE: October 8, 2015 CONTENTS: • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 760A Recommendation By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. 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. 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: R helle D. Klassen, MMC, City Clerk rdk Attachments (as noted) Approved: W M. Wohlmuth, City Manager �^ 4,� r s Rjc j SDK p'r i. �. �y .t..r� i*r . A+ x6�d � J ?el CARL, IVA11REN & CO.MPANY Claims Management and Solutions September 18, 2015 TO: City of Palm Desert ATTENTION: Rachelle Klassen RE: Claim Claimant Member Date Rec' d by Mbr Date of Event CW File Number Wesser vs. Palm Desert Lonette Wesser City of Palm Desert 9/17/15 7/30/15 1916028 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,*� M. V"O*v Timothy M. Varon Claims Specialist AN EMPLOYEE -OWNED COMPANY 770 S. Placentia Avenue i Placentia, CA 92870 P. O. Box 25180 i Santa Ana, CA 92799-5180 www carlwarren.com i Tel: 714-572-5200 1 800-572-6900 i Fax: 866-254-4423 CA License No 2607296 �JJJ CARL WARREN & COMPANY Claims Management and Solutions September 18, 2015 Lonette Wesser 15867 Windrose Way San Diego, CA 92127 RE: Claim Claimant Member Date Rec'd by Mbr Date of Event CW File Number Wesser vs. Palm Desert Lonette Wesser City of Palm Desert 9/17/15 7/30/ 15 1916028 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 +� M. Varavv Timothy M. Varon Claims Specialist 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 www.carlwarren.com CA License No: 2607296 XV/0 CARL WARREN & COMPANY Claims Management and Solutions September 18, 2015 Lonette Wesser 15867 Windrose Way San Diego, CA 92127 RE: Claim Claimant Member Date Rec'd by Mbr Date of Event CW File Number Dear Ms. Wesser, Wesser vs. Palm Desert Lonette Wesser City of Palm Desert 9/17/15 7/30/ 15 1916028 TVQ Please be advised we are the claims administrators for the self -insured City of Palm Desert. We can appreciate your desire to be reimbursed for the damage to your property. However, the City is not absolutely liable for damages caused by property owned by it and it is both cost prohibitive and impractical to expect city crews to anticipate every possible condition that may cause damage. The city only becomes liable under the provision of Section 830 of the Government Code if a dangerous condition of City property existed which the city could have protected against upon reasonable notice. In this case the City had no notice of any structural defect in the tree. Rather the damage was due to an act of nature over which the City had no control. Under such circumstances the fact that the tree that was involved in the incident was a City tree is immaterial inasmuch as it was really an act of nature that caused the damage. The City of Palm Desert has a regular maintenance schedule and also conducts corrective maintenance when notified of problems. This action does not, however, make the City responsible for your damage. Normally insurance companies sell coverage whereby persons can insure themselves against damage resulting from an occurrence such as this. You may want to consider submitting your claim to your insurance company if you purchased such coverage. Under these circumstances there is no legal basis to justify payment to reimburse you for the damage to your property. We are sorry that we are unable to recommend settlement of your claim. Very Truly Yours, CARL WARREN & CO. 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 www.carlwarren.com CA License No: 2607296 Ti +� M. Varo-w Timothy M. Varon Claims Specialist 657-622-4287 cc: Member Agency: City of Palm Desert, attn:Rachelle Klassen Klassen, Rachelle From: Greenwood, Mark Sent: Friday, September 18, 2015 2:45 PM To: Klassen, Rachelle Subject: Claim No. 760A Rachelle, It is recommended that Claim No. 760A be referred to the claims adjuster. Mark Greenwood, A Director of Public Works City of Palm Desert 3 111 y Of PRIM 73-5 I o FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o61I info@ciryofpalmdeserc.org TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, DIRECTOR OF PUBLIC WORKS, RISK MANAGER FROM: CITY CLERK DATE: SEPTEMBER 17, 2015 SUBJECT: CLAIM NO.760A -CLAIM AGAINST THE CITY BY LONETTE WESSER IN THE AMOUNT OF $1,257.44 The attached Claim No. 760A is being transmitted to you for the following: El 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 October 19, 2015, for timely response to the Claimant. Note: This Claim is directly related to No. 760 submitted by AAA Insurance/Lonette Wesser. Attached for your reference is an article from The Desert Sun newspaper about the incident giving rise to the subject Claim. J 1 cc/ RACHELLE D. KLASSEN, MMC CITY CLERK Attachments (as noted) 0 CLAIM AGAINST THE CITY OF PALM DESERT (For Damages) to Person(s) or Personal Property) Received by: via: U.S. Mail Interoffice Mail Over -the -Counter CITY OF PALM DESERT ASSIGNED CLAIM N0. ^/ 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 We55er ADDRESS PHONE NO. _ DATE OF -BIRTH: J SOCIAL SECURI Y O.DRIVER'S LI NO. 2. Name, telephone number and post office address to which claimant desires notices to be sent, if other than above: 3. Occurrence or event from which the claim arises: a. DATE: '799" 7 ,3C41S b. TIME: location 4 3 i 5 _T'I ; rb S A, )e_ c. PLACE (exact and specific 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 DaDer ii necessary.) Peru I �rc� . nueT 4rarAxl On J6.rbll ilrDzk- e. What particular action by the City, or ,its employees, caused the alleged dam ge or injury? _(�Ve40r'sl1l !sue hu /b�- (hUQrn�r)1 s � 4 fr-e� ronuB�1'� . Page 1 of 2 6C -.01 Na L i d3S SIN Y3 'id3S30 Wlvd 30H3 o S'�8310 A 110 4. Give a general description of the indebtedness, obligation, injury, damage, or lost incurred so far as it may be known at the time of presentation of the claim. If there were no injuries, state "no injuries": 5. Give the name(s) of the City employee(s) causing the damage or injury: 6. Name and address of any other person(s) injured: 7. Name and address of the owner of apy damaged property: _kc)n 8. Damages claimed: 1 S-7, y a. Amount claimed as of this date: $ b. Estimated amount of future costs: c. Total amount claimed: $ I y d. Basis for computation of a ounts claimed include copies of all bills, invoices, estimates, etc.): (t4j a ()1z 9. NaAnes and addresse of all witnesses, hospitals, doctors, etc.: 4AA - Anc1� i1lyhfke 2 l �ly� s�3_s llpyq 10. Any addition a information, includin police deports, which migh ,g hel this claim: r) r4 (A: )1 a -,4 / I��, 7_ /��/ ��J.�'S in. considering WARNING:IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM!(PENAL CODE 72; INSURANCE CODE 556.1). 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. Signed tl'19L day of �' , 20L, at A U O CLAIMAINT Office of the City Clerk, Palm Desert, California Page 2 of 2 SIGNATURE OF CLAIMANT DOC. NO. JO t DATE FILED 15 From: Ramirez.Andvla.aaa-calif.com To: Date: Mon, 24 Aug 2015 10:58:51 -0700 Subject: Claim, Mr. Weser, A check in the amount of $6,093.21 has been sent to you in settlement of the covered restoration work outlined on the attached estimate. Your policy's $1,000.00 deductible has been applied as documented in our settlement. The following calculation documents the settlement. Pool Inspection -- ----- - --- $419 Paid to Quality Pool Care Restoration Estimate -------------- $7,093.21 Less deductible---------------$1,000.00 Restoration settlement to insured -- $6,093.21 Additionally, it is our goal to provide you with a fair settlement. If you have any questions or concerns with the costs to the repairs to your home, please contact me immediately. Also, please feel free to send my supervisor or me an email with any additional questions or concerns; your feedback is very valuable! I also want to thank you so much for being a valued member for 33 years. Again, it has been an absolute pleasure working with you and I hope the service you received from me was outstanding. Sincerely, Andy Ramirez Claims Service Representative Phone: (714)885-1684 1 FAX: (714) 708-9520 Email: ramirez.andy(cDaaa-calif.com Manager: Alex Serna Serna.Alex(a.aaa-calif.com /(714) 885-1981 "We're always with you" 6C :01 NV L I d3S ;111 VO *183S30 WlVd 301Aj0 S. Ab310 A ! 10 ri-J ��-+ Name and Address WESSER,LONETTE Confirmation # 84259099 08/01/15 PAGE 1 EN1 SASSY SUITES' EMBASSY SUITES RESORT -PALM DESERT Room 301//NQS Arrival Date 07/31/15 Departure Date 08/01/15 Adult/Child 1/0 Room Rate $106,92 Rate Plan S-DP1 HHonors # Airline Hotel Address 74-700 HIGHWAY 111 PALM DESERT, CA 92260 Reservations www.embassysuites.com or 1-800-EMBASSY DATE REFERENCE. DESCRIPTION AMOUNT 07/31/15 2300357 moviE 07/31/15 2300529 GUEST ROOM $106.92 07/31/15 2300529 SUITE TAX $9 62 07/31/15 2300529 CAL TOURISM ASSESSMENT TAX $0.21 07131/15 2300529 TBID TAX $3,21 08/01/15 2300653 """""""' ($1383g) " BALANCE " $0.00 w U < U tl O 1. LJ '-J tY W .) U1 Q :1J -, U t— a J The on -lute eFolio is a courtesy informational sernce. subject to Privacy Policy and Site Usade, actual folio kept in hotel records CON RAD I. ��I(% GanM•n jjnnrplp( �KMtCNWD Hilton Hilton ®,,,,, �s ,l5 HOMEQ Grand Vatatiun% EEL; oil Y DER WE DESERT,PALM Cam e G c C; ) I c c f. Y__ r- a —4 r Z ,, ? rn - rrl r c) ». �s 00 4_ :cV ' tr: ;a va n =� "'�CIP , C �= or itr t3s It, +IF IT" rCI cLY .T.` Y +Y' t7.a •i;= Ya .r'tt r'iF i8't �8 tJ qu y a do's R.} 4{Y4pp ¢.f`' 4a+'1 �.;x s°^" Cps: #"l�? a,.. C ? { "•.I Psi to to C�M'.i '° p i Y d,+"<,. *a _..k Y4 oil AN Q ".^.i 7 @.,iM VIA «t,. w,„.,. {Wj h.. Stoon takes out trees, power poles in Palm Desert Storm takes out trees, power po W' R *w S i AlY s vs t tt :ll .d s .c lst yl sil c II 1 1 l 1l l -desert-coed y - st -outage-roads-cl ;:. 1 1 1 Power is exPectedto be restored by late in ft evening, she saki, In the , nti the followlrV roads remain closed as of 1 I a rn, Friday, according to the C41 of Palms Desert http 11%�,-.d s u . m/st t f w1 113 1 1 3 1p 1 «desert- np b-st -outage-roads-clop.. 131 1 Stormtakes out trees, power pales in Palm Desert >Hor a Avenue at I eruressee Avenue (asswound lanes)., .0 TON_ S3.999 n altfor nt Drive east of Wamer Trail fe sth,our~.d lanes), 3 T 4r S a 4 TON S449 -Mfichtgan ova West of Warner7rail (both directions), 6.0 TON ASK ABOUT 418drner Trail at Manton Drive (full lntamecO n chrsurs), ANTHE -California Mv0 at Florida Mama (hill intersection closure). DEALS SOLAR -Co thor1a Ofive at Tennessee Avenue (Westbound lanes), 7 M f: M 9 .. -L.q"�' V.xu•aYy ,bwi ,. 2'„.Av,&t -Illinois Avenue at Florida Avenue (full intersection closure) -Indiana Avenue at Elkhorn Tioil (full altars ton closure) 4Sllina3s Avenue at Elkhorn Trail (fan tttterseot«on osurs), About half of the road closures are du-- to downed power lines and poles whila treas and debris forced the closer- of others, city spokesman David Haim, ann saki `City Public Weeks s crews have been warsing throughout. the night 10cle2r and reo ran n r!Nays; Stich as Fred Waring brave, whf ch is now opar° to thtdargh traffic thanks to theirefforts,' He:nna n sa 'They hope to have d majodly c(the closures caused bj faten tree and debris reap nad by the and of the day today,' he ;sand. Extensive dar°nage isn't reported anywhere else in teas ccac,189a Vaslsya said lAichdlle Caldwal of the Rir;arslda County Office of Sma;-gen arvl s She didn't know cf any injures but said at least three displaced farkitees wet ham ed by Lha American Red Crow As tie ternporaturn beat up today, Caldwe0 suggested people walhdot ar and nowhere else to go, sea, relief at one of the city*s 8oinAsing cool nlars: -Joslyn Center, 7375E CaWina Way 4r ahn Desed Ccmmuniry Center, d , San Pablo Ave The Jo*n Center dosss al 4 p rn, today, Her :aa n •;d The Palm Desert Community Center, which is typlcatly opera until 9 p.m. on Frldays, is proitaring to aartand I*ts hGUT3 In case power has not been restored to ail horses affected by outages„ he said. The public library, at 3-3 0 Fred Waring Drive, can also Mviide same respite from the heat at can WastlIeW mall, Hermann ann td. air$ r t'i O r pd t 1Wr w t` Fr, m rnrn h€t :f;x�,�aee: o:srtd,ccarrrfsttaJaaaatfaor;°°�6} i'ft7iC�"tocvarae-d€as¢-nit*xlsrsramssarod—e�cfadi@o-a�ofoa�3{tgt4�Et Reed or Shona this story. http:ttdesarLsrVl a h tttp://www.deseMun.com/story/news/local/2015`/07/3 I p ta-desert- to r) 0