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HomeMy WebLinkAbout2023-01-25 Rubio, Eduardo1 Gloria Sanchez From:Gloria Sanchez Sent:Tuesday, June 6, 2023 4:29 PM To:Eddie Rubio Subject:RE: Eduardo Rubio DOL 01/02/2023 Claim 3042851 Attachments:2023-01-25 Rubio, Eduardo.pdf Good afternoon, Mr. Rubio: Your claim is being handled by the City’s third-party Claims Administrator: Carl Warren. Attached is a copy of a letter dated February 5, 2023, mailed to the address provided on the claim. Please do not hesitate to contact me Carl Warren for an update on your claim. Gloria From: Eddie Rubio <eddrubio@yahoo.com> Sent: Monday, June 5, 2023 2:15 PM To: Gloria Sanchez <gsanchez@palmdesert.gov> Subject: I put this claim in back in January and haven’t heard a thing. Was wondering what is going on with this 2 Sent from my iPhone 1 Gloria Sanchez From:Gloria Sanchez Sent:Monday, June 5, 2023 3:23 PM To:WRice@carlwarren.com Cc:Tim Varon; Alex Mellor Subject:FW: Eduardo Rubio DOL 01/02/2023 Claim 3042851 Attachments:RE: Eduardo Rubio DOL 01/02/2023 Claim 3042851 Good afternoon, Mr. Rubio is looking for an update regarding the subject claim. Is this something you respond to on our behalf, or shall I? If so, please provide me an update so I can respond to Mr. Rubio. Thank you and have a nice week. Gloria From: Eddie Rubio <eddrubio@yahoo.com> Sent: Monday, June 5, 2023 2:15 PM To: Gloria Sanchez <gsanchez@palmdesert.gov> Subject: I put this claim in back in January and haven’t heard a thing. Was wondering what is going on with this 2 Sent from my iPhone 1 Gloria Sanchez From:Gloria Sanchez Sent:Monday, May 15, 2023 11:15 AM To:William Rice Subject:RE: Eduardo Rubio DOL 01/02/2023 Claim 3042851 Attachments:2023-04-07 RGayler Response to Questions.pdf; 2023-05-01 DReyes Response to Questions.pdf; 2023-05-03 CWillison RSO Response to Questions.pdf; RE: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Importance:High Good morning, Mr. Rice: Attached are the responses to the duplicate questions below. Please let me know if I need to make corrections to the email addresses, I used for you and Mr. Varon. I have been attempting to reach you both since April 6, 2023. Thank you for your time and have a nice week. Kind regards, Gloria From: William Rice <WRice@carlwarren.com> Sent: Monday, May 15, 2023 10:21 AM To: Gloria Sanchez <gsanchez@palmdesert.gov> Subject: Re: Eduardo Rubio DOL 01/02/2023 Claim 3042851 Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Gloria, The investigation and handling of this claim has been assigned to me.Does the City own and maintain this section of roadway? If not, who does?Was this an isolated pothole or is this section of roadway a bad spot where potholes have developed before?Was the pothole reporte Gloria, The investigation and handling of this claim has been assigned to me. Does the City own and maintain this section of roadway? Respond by R. Gayler If not, who does? Respond by R. Gayler Was this an isolated pothole or is this section of roadway a bad spot where potholes have developed before? Respond by R. Gayler Was the pothole reported prior to the accident and did staff fail to repair it? Respond by D. Reyes Was a repair report completed by City staff or were any pre-repair photos taken? Respond by D. Reyes If so, please provide copies of them. Respond by D. Reyes 2 If a repair report was not prepared and if no photos were taken, what were the approximate dimensions of the pothole (diameter and depth if known)? N/A If a police report as prepared, please provide a copy of it. Responded by Lt. Chris Willison Have the Department provide comments on the claim. Thank you. William L. Rice William Rice | Claims Examiner WRice@carlwarren.com Tel: (657) 622-4319 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 1 Gloria Sanchez From:David Reyes Sent:Monday, May 1, 2023 5:56 AM To:Gloria Sanchez Subject:RE: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Attachments:Pothole Monterey Ave 1.2.23.jpeg; Xerox Scan_05012023083910.PDF Good morning, Gloria. Attached is the information requested. Thank you, . . David Reyes Jr. Streets Maintenance Supervisor 760.862.6802 dreyes@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Friday, April 28, 2023 3:48 PM To: David Reyes <dreyes@palmdesert.gov> Subject: FW: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Importance: High Hi, David! At your earliest convenience, will you please respond to the questions below in a different color, so I know who responded to what. Thank you and have a wonderful weekend. M. Gloria Sanchez Records Coordinator 760.776.6354 gsanchez@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 From: Ryan Gayler <rgayler@palmdesert.gov> Sent: Friday, April 7, 2023 4:05 PM To: Gloria Sanchez <gsanchez@palmdesert.gov>; David Reyes <dreyes@palmdesert.gov> Subject: RE: Edwardo Rubio DOL 01/02/2023 Claim 3042851 2 Hi Gloria/David, I have pasted the questions to the top of this email with my answers in RED. David can provide the answers to the remaining questions. Rg Does the City own and maintain this section of roadway? YES. THE CLAIMANT IDENTIFIED THE POTHOLE AS BEING IN THE #2 LANE, BUT IT WAS IN THE #3 LANE. If not, who does? N/A Was this an isolated pothole or is this section of roadway a bad spot where potholes have developed before? POTHOLES HAVE DEVELOPED IN THE AREA IN THE PAST. Was the pothole reported prior to the accident and did staff fail to repair it? The pothole was not reported prior to the accident. Was a repair report completed by City staff or were any pre-repair photos taken? Yes, a repair report was completed by the on-call person and a photo was taken. If so, please provide copies of them. If a repair report was not prepared and if no photos were taken, what were the approximate dimensions of the pothole (diameter and depth if known)?N/A If a police report was prepared, please provide a copy of it. THE CLAIM IS ATTACHED. THE CLAIMANT CITES A POLICE CASE NUMBER (T230020055), BUT IT IS NOT ATTACHED. Ryan Gayler Capital Improvements Manager 760.776.6393 rgayler@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Thursday, April 6, 2023 5:33 PM To: David Reyes <dreyes@palmdesert.gov> Cc: Ryan Gayler <rgayler@palmdesert.gov> Subject: FW: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Attached for your review and to be able to respond is the Claim filed. See the bottom of the feed for questions. I have yet to hear back from the Claims Examiner William Rice. Thank you and have a nice weekend. 1 Gloria Sanchez From:Gloria Sanchez Sent:Thursday, May 4, 2023 12:20 PM To:WRice@carlwarren.com Cc:Tim Varon Subject:RE: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Attachments:2023-05-01 DReyes Response to Questions.pdf; 2023-05-03 CWillison RSO Response to Questions.pdf; 2023-04-07 RGayler Response to Questions.pdf Good afternoon, I did not receive a reply to the initial email sent on April 6. Therefore, to avoid causing delays I proceeded to collect the information requested. Attached are the responses from City staff and Palm Desert Police regarding the police report cited in the claim. Thank you for your time and have a nice day. From: Gloria Sanchez Sent: Tuesday, April 18, 2023 6:10 PM To: WRice@carlwarren.com Cc: Tim Varon <TVaron@carlwarren.com> Subject: RE: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Good afternoon, I am following up regarding the questions below. Did you receive response to the questions? From: Gloria Sanchez Sent: Thursday, April 6, 2023 12:51 PM To: WRice@carlwarren.com Subject: RE: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Importance: High Hi, I thought I would follow up with you. Did you receive response to your questions? Kind regards, From: Gloria Sanchez Sent: Wednesday, February 8, 2023 11:48 AM To: Mariana Rios <mrios@palmdesert.gov> Subject: RE: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Thank you, Mariana! ѡѢѣѤ Question. Do you then forward this to Public Works to respond to the questions below? 2 From: Mariana Rios <mrios@palmdesert.gov> Sent: Wednesday, February 8, 2023 10:24 AM To: William Rice <WRice@carlwarren.com>; Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Cc: Gloria Sanchez <gsanchez@palmdesert.gov> Subject: RE: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Hi William, I have copied Gloria Sanchez onto this email, she will be taking over all claims moving forward. My last day with the City of Palm Desert is Friday, February 17, 2023. Please be sure to copy her in on any inquiries moving forward. Please let me know if you have any questions. Thank you, . . Mariana Rios Management Analyst 760.776.6448 mrios@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . From: William Rice <WRice@carlwarren.com> Sent: Tuesday, February 7, 2023 8:34 AM To: Andrea Staehle <astaehle@palmdesert.gov>; Mariana Rios <mrios@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: Re: Edwardo Rubio DOL 01/02/2023 Claim 3042851 ndrea, Mariana & Amber, The investigation and handling of this claim has been assigned to me.Does the City own and maintain this section of roadway? If not, who does?Was this an isolated pothole or is this section of roadway a bad spot where potholes have developed before?Wa Andrea, Mariana & Amber, The investigation and handling of this claim has been assigned to me. Does the City own and maintain this section of roadway? If not, who does? Was this an isolated pothole or is this section of roadway a bad spot where potholes have developed before? Was the pothole reported prior to the accident and did staff fail to repair it? Was a repair report completed by City staff or were any pre-repair photos taken? 3 If so, please provide copies of them. If a repair report was not prepared and if no photos were taken, what were the approximate dimensions of the pothole (diameter and depth if known)? If a police report as prepared, please provide a copy of it. Have the Department provide comments on the claim. Thank you. William L. Rice William Rice | Claims Examiner WRice@carlwarren.com Tel: (657) 622-4319 | Fax: (866) 254-4423 CA Entity License No: 2607296 PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 1 Gloria Sanchez From:Ryan Gayler Sent:Friday, April 7, 2023 4:05 PM To:Gloria Sanchez; David Reyes Subject:RE: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Attachments:893 - 3042851 - 2023-01-25 RUBIO, EDUARDO Claim.pdf Hi Gloria/David, I have pasted the questions to the top of this email with my answers in RED. David can provide the answers to the remaining questions. Rg Does the City own and maintain this section of roadway? YES. THE CLAIMANT IDENTIFIED THE POTHOLE AS BEING IN THE #2 LANE, BUT IT WAS IN THE #3 LANE. If not, who does? N/A Was this an isolated pothole or is this section of roadway a bad spot where potholes have developed before? POTHOLES HAVE DEVELOPED IN THE AREA IN THE PAST. Was the pothole reported prior to the accident and did staff fail to repair it? Was a repair report completed by City staff or were any pre-repair photos taken? If so, please provide copies of them. If a repair report was not prepared and if no photos were taken, what were the approximate dimensions of the pothole (diameter and depth if known)? If a police report was prepared, please provide a copy of it. THE CLAIM IS ATTACHED. THE CLAIMANT CITES A POLICE CASE NUMBER (T230020055), BUT IT IS NOT ATTACHED. Ryan Gayler Capital Improvements Manager 760.776.6393 rgayler@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Thursday, April 6, 2023 5:33 PM To: David Reyes <dreyes@palmdesert.gov> Cc: Ryan Gayler <rgayler@palmdesert.gov> Subject: FW: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Attached for your review and to be able to respond is the Claim filed. See the bottom of the feed for questions. 1 Gloria Sanchez From:David Reyes Sent:Monday, May 1, 2023 5:56 AM To:Gloria Sanchez Subject:RE: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Attachments:Pothole Monterey Ave 1.2.23.jpeg; Xerox Scan_05012023083910.PDF Good morning, Gloria. Attached is the information requested. Thank you, . . David Reyes Jr. Streets Maintenance Supervisor 760.862.6802 dreyes@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Friday, April 28, 2023 3:48 PM To: David Reyes <dreyes@palmdesert.gov> Subject: FW: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Importance: High Hi, David! At your earliest convenience, will you please respond to the questions below in a different color, so I know who responded to what. Thank you and have a wonderful weekend. M. Gloria Sanchez Records Coordinator 760.776.6354 gsanchez@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 From: Ryan Gayler <rgayler@palmdesert.gov> Sent: Friday, April 7, 2023 4:05 PM To: Gloria Sanchez <gsanchez@palmdesert.gov>; David Reyes <dreyes@palmdesert.gov> Subject: RE: Edwardo Rubio DOL 01/02/2023 Claim 3042851 1 Gloria Sanchez From:Willison, Christopher <cwilliso@riversidesheriff.org> Sent:Wednesday, May 3, 2023 10:08 AM To:Gloria Sanchez Cc:Poag, David; Olson, Donald Subject:RE: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Good Morning Gloria, No problem, I have included Supervising Sheriff’s Records Clerk, David Poag, along with our dedicated Traffic Bureau Sergeant, Don Olson, who can streamline these requests moving forward (included in the reply). I was able to locate a 11-26 call for service (inoperable vehicle), located at Fred Waring Drive and Monterey Avenue, received on January 2 nd, 2023, at 1318 hours (T230020055). Our personnel responded reference a pothole filled with water, contacted City Roads for the disabled vehicle, and associated T230020055 to this call for service which was closed at approximately 1352 hours. Based on the circumstances surrounding this call, no incident report was generated (outside the CAD call for service). Please let me know should any additional information be required. Respectfully, Chris Lieutenant Chris Willison #4189 Riverside County Sheriff’s Department Palm Desert Sheriff’s Station – Palm Desert SD 73-705 Gerald Ford Drive Palm Desert, CA 92211 Desk: 760-836-1615 Cell: 760-238-7033 Email: cwilliso@riversidesheriff.org From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Wednesday, May 3, 2023 9:51 AM To: Willison, Christopher <cwilliso@riversidesheriff.org> Subject: RE: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Found it! “If a police report was prepared, please provide a copy of it. THE CLAIM IS ATTACHED. THE CLAIMANT CITES A POLICE CASE NUMBER (T230020055), BUT IT IS NOT ATTACHED.” CAUTION: This email originated from outside the Riverside Sheriff email system. DO NOT click links or open attachments unless you recognize the sender and know the content is safe. 1 Gloria Sanchez From:Mariana Rios Sent:Wednesday, February 8, 2023 10:24 AM To:William Rice; Andrea Staehle; Amber Molina Cc:Gloria Sanchez Subject:RE: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Hi William, I have copied Gloria Sanchez onto this email, she will be taking over all claims moving forward. My last day with the City of Palm Desert is Friday, February 17, 2023. Please be sure to copy her in on any inquiries moving forward. Please let me know if you have any questions. Thank you, . . Mariana Rios Management Analyst 760.776.6448 mrios@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . From: William Rice <WRice@carlwarren.com> Sent: Tuesday, February 7, 2023 8:34 AM To: Andrea Staehle <astaehle@palmdesert.gov>; Mariana Rios <mrios@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: Re: Edwardo Rubio DOL 01/02/2023 Claim 3042851 Andrea, Mariana & Amber, The investigation and handling of this claim has been assigned to me.Does the City own and maintain this section of roadway? If not, who does?Was this an isolated pothole or is this section of roadway a bad spot where potholes have developed before?Wa Andrea, Mariana & Amber, The investigation and handling of this claim has been assigned to me. 2 Does the City own and maintain this section of roadway? If not, who does? Was this an isolated pothole or is this section of roadway a bad spot where potholes have developed before? Was the pothole reported prior to the accident and did staff fail to repair it? Was a repair report completed by City staff or were any pre-repair photos taken? If so, please provide copies of them. If a repair report was not prepared and if no photos were taken, what were the approximate dimensions of the pothole (diameter and depth if known)? If a police report as prepared, please provide a copy of it. Have the Department provide comments on the claim. Thank you. William L. Rice William Rice | Claims Examiner WRice@carlwarren.com Tel: (657) 622-4319 | Fax: (866) 254-4423 CA Entity License No: 2607296 PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 3 PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 February 6, 2023 Eduardo Rubio 44511 Roundtable St. Indio, CA 92201 RE: Claimant : Eduardo Rubio Date of Loss : 1/2/23 Claim Filing Date : 1/25/23 Our File Number : 3042851 WRV Carl Warren & Company is the claims management company for the City of Palm Desert. The above-captioned claim has been assigned to William Rice for handling. Mr. Rice may be reached at 657-622-4319. When our investigation is complete, we will advise you as to whether or not we can recommend settlement. Very Truly Yours, CARL WARREN & CO. Timothy M. Varon Timothy M. Varon Claims Supervisor cc: Member Agency: City of Palm Desert, attn:Mariana Rios 1 Gloria Sanchez From:Gloria Sanchez Sent:Thursday, February 2, 2023 9:45 AM To:Carl Warren & Co. (publicentityclaims@carlwarren.com) Subject:FW: Claim Against the City No. 893 -Rubio, Eduardo Attachments:893 - RUBIO, EDUARDO.pdf     From: Gloria Sanchez   Sent: Thursday, February 2, 2023 9:42 AM  To: publicentityclaim@carlwarren.com; Todd Hileman <thileman@palmdesert.gov>; Robert Hargreaves  <robert.hargreaves@bbklaw.com>  Cc: Chris Escobedo <cescobedo@palmdesert.gov>; Andrea Staehle <astaehle@palmdesert.gov>; Anthony Mejia  <amejia@palmdesert.gov>; tvaron@carlwarren.com  Subject: Claim Against the City No. 893 ‐Rubio, Eduardo    Good morning, Attached for your review and/or appropriate action is CLAIM AGAINST THE CITY NO. 893 – Eduardo Rubio. Please feel free to contact me should you have any questions or require additional information. Thank you and have a nice day. TO: COPY: FROM: DATE: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, ASSISTANT CITY MANAGER, HUMAN RESOURCES MANAGER, AND CITY CLERK. M. GLORIA SANCHEZ, RECORDS COORDINATOR FEBRUARY 2, 2023 SUBJECT: CLAIM NO. – 893 EDUARDO RUBIO The attached Claim No. 893 is being transmitted to you for the following: Information only. or X Please review and provide any recommendation you may have to the Risk Manager, concerning any action required by the City of Palm Desert. We would appreciate your report, if requested, by March 14, 2023, for timely response to the Claimant. Note: At your earliest convenience, please let me know if you have any information related to the incident giving rise to this Claim so that I may forward it to the City’s third-party Claims Adjusters, Carl Warren & Company. _______________________ M. GLORIA SANCHEZ RECORDS COORDINATOR Attachment (as noted) C I T Y O F P A L M D E S E R T 73 - 510 F RED W ARING D RIVE P ALM D ESERT , C ALIFORNIA 92260-2578 T EL : 760 346-0611 I NFO @ PALM - DESERT . ORG