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Home My WebLink About2023-06-06 Rubio, Eduardo - Closed1 Gloria Sanchez From:William Rice <WRice@carlwarren.com> Sent:Friday, June 23, 2023 11:39 AM To:Gloria Sanchez Cc:Tim Varon Subject:Re: Closing Report Eduardo Rubio DOL 01/02/2023 Claim 3042851 Gloria, Please accept this as our Closing Report in this claim. The claim was rejected on 06/07/2023. The statute of limitations expires on 12/07/2023. Our file will be retired with no further action. 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. 2 1 Gloria Sanchez From:Tim Varon <TVaron@carlwarren.com> Sent:Tuesday, June 6, 2023 5:02 PM To:Gloria Sanchez; William Rice Cc:Alex Mellor Subject:RE: Eduardo Rubio DOL 01/02/2023 Claim 3042851 Attachments:We sent you safe versions of your files; 20230606 Rubio Palm Desert REJECTION NOTICE 3042851.pdf Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hi Gloria, I spoke with the Claimant and explained that we had finalized liability, and that as the City had no prior notice of the pothole prior to this loss, that there is no legal liability under the terms of the government code, and that I was sending out a rejection notice to him. He said that he understood and thanked me for the call. Have a great evening! Tim Tim Varon | Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | 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. 2 From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Monday, June 5, 2023 3:23 PM To: William Rice <WRice@carlwarren.com> Cc: Tim Varon <TVaron@carlwarren.com>; Alex Mellor <amellor@cjpia.org> Subject: FW: 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 . . M. Gloria Sanchez Records Coordinator 760.776.6354 gsanchez@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . 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 3 Sent from my iPhone PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 June 7, 2023 Eduardo Rubio 44511 Roundtable St. Indio, CA 92201 REJECTION NOTICE RE: Entity : City of Palm Desert Claimant : Eduardo Rubio D/Incident : 1/2/23 Our File : 3042851 WRV We are the administrators for the self-insured liability claims program for the City of Palm Desert. The above referenced claim which you filed with the above captioned entity on January 25, 2023 has been referred to us for investigation and handling. Notice is hereby given that the claim presented to the captioned entity on January 25, 2023 was denied on June 7, 2023. No further action will be taken on this claim by the City of Palm Desert. Any and all further communications relative to your claim should be directed to the undersigned at the address or telephone number shown below. WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the United States mail to file a court action on this claim. (See government Code Section 945.6) The six month time for filing such a court action is neither enlarged nor extended by the provisions of CCP Section 335.1. This time limitation applies only to causes of action arising under California law for which a claim is mandated by the California Government Tort Claims Act. Government Code Sections 900 et. seq.. Other causes of action, including those arising under federal law, may have different time limitations for filing. You may seek the advice of an attorney or your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Very Truly Yours, Page 2 of 2 PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 CARL WARREN & CO. Timothy M. Varon Timothy M. Varon Claims Supervisor