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Home My WebLink About2023-05-10 Friend, Stacey Morris - Rejection Notice1 Gloria Sanchez From:Gloria Sanchez Sent:Wednesday, May 10, 2023 2:48 PM To:Laurie Stroud Subject:RE: regarding claim 3040724 Stacey Morris Friends. Hi, Laurie: Yes, at the regular meeting of October 15, 2020, the Palm Desert City Council awarded Construction Management Services for President’s Plaza East and West Parking Lot Improvements (Project No. 758-14) to Southstar Engineering & Consulting, Inc. (Contract No. C37040B). Let me know how I can be of further assistance. Gloria From: Laurie Stroud <LStroud@carlwarren.com> Sent: Wednesday, May 10, 2023 9:37 AM To: Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Laurie Stroud <LStroud@carlwarren.com> Subject: regarding claim 3040724 Stacey Morris Friends. Hi Gloria,I have spoken with Alison from Amtrust. She has a few questions that we need to have clarified regarding this loss. She said that the contractor told her that we or someone had hired a company called Southland to inspect the job site daily. I was wondering if this was t Hi Gloria, I have spoken with Alison from Amtrust. She has a few questions that we need to have clarified regarding this loss. She said that the contractor told her that we or someone had hired a company called Southland to inspect the job site daily. I was wondering if this was the city. According to the contractor they took photos and reported back to the city daily on the progress that was being made on the job site. Alison would like to know if we can confirm this as she is trying to finish her investigation on her end? If you could please clarify and get back me on this matter I would really appreciate it very much. Warmest Regards, Laurie Stroud Laurie Stroud | Senior Claims Examiner CA License No: 2L82774 LStroud@carlwarren.com Tel: (951) 550-0493 | Fax: (866) 254-4423 2 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 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:Gloria Sanchez Sent:Monday, May 8, 2023 2:27 PM To:alison.hood@amtrustgroup.com Cc:Laurie Stroud Subject:Claim 3040724 Stacey Morris Friends Good aŌernoon, Ms. Hood: By way of this reply, I am providing you the email address of the Senior Claims Examiner Laurie Stroud who his handling the subject claim. Let me know how I may be of further assistance. Kind regards, 1 Gloria Sanchez From:Laurie Stroud <LStroud@carlwarren.com> Sent:Wednesday, March 1, 2023 9:04 PM To:Gloria Sanchez Cc:Laurie Stroud Subject:Diary review claim 3040724 Stacey Morris Friends Attachments:Diary review claim 3040724 Stacey Morris Friends.pdf Your attachments have been security checked by Mimecast Attachment Protection. Files where no threat or malware was detected are attached. Hi Gloria, Here is the most current diary review. If you receive a lawsuit please me know. Have a great rest of the week. Warmest Regards, Laurie Stroud Laurie Stroud | Senior Claims Examiner CA License No: 2L82774 LStroud@carlwarren.com Tel: (951) 550-0493 | 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. DIARY REVIEW Event: The claimant contends that she was walking in an area in/and around Casuelas café which has construction in the vicinity, and she stepped into a hole in a dirt area and fractured her ankle. Statute of Limitations: 06/05/2023 Action plan items from last review and status: 1. Can you confirm Whether the loss location was under construction. The parking lot south of Casuelas Café was under construction on February 12, 2022. The exact location of the loss is unclear. 2. Was the project at this location contracted out? Construction within the Presidents Plaza West parking lot, located south of Casuelas Café, was under the supervision, maintenance and control of the Contractor, H&H General Contractors, Inc. 3. Can you send me the name of the contractor, a copy of the contract, the contractors liability insurance certificate, and the endorsement naming the city as the additional insured under the contractor’s liability insurance policy? The construction contract and Certificate of Insurance is attached. 4. If the project was not contracted out, please provide us with a copy of any photos or reports prepared by staff and have staff comment on allegations in the claim. Construction within the Presidents’ Plaza West parking lot, located south of Casuelas Café, was contracted out to H&H General Contractors, Inc. 5. Can you confirm the cause of the hole in question? The claimant did not provide enough detail regarding the exact location of the loss. The contractor needs a more precise description or photo evidence to pinpoint to exact location. 6. Any other information that the city can send that they think is important? The City is unable to provide additional details because the exact location of loss is unknown. 7. Has the city received any other complaints or knowledge of injuries in the same area? The claimant did not provide enough detail regarding the exact location of the loss. The contractor needs a more precise description or photo evidence to pinpoint to exact location. 8. How long has this area been under construction? Construction of Presidents’ Plaza East and West Parking Lots commenced on June 1, 2021 and was completed in August 2022. 9. Can you confirm the ownership, maintenance, and control of this area? The exact location of the loss is not clear. The Presidents Plaza West parking lot is within the Presidents Plaza Property and Business Improvement District (PBID). The City of Palm Desert (City) maintains the parking lot area within the PBID boundary utilizing an annual assessment collected from PBID property owners. Coverage: confirmed coverage under the CJPIA MOLC for dangerous condition of public property. There are no coverage issues at this time. Liability Review: Liability does not rest with the city. This is a late claim and has been rejected. Damages Review – claimant is pursuing damages for her fractured right ankle. Pursuing more than $1,000,000.00. Submitted Medical Bills: Pending Considered: Pending Residuals: Unknown Loss of Earnings Alleged: Unknown Reserve Review: Indemnity set at $100,000.00. Updated Action Plan: 1. Monitor for lawsuit 2. Sent tender over to contract close after 30 days . Subrogation Referral: N/A 1 Gloria Sanchez From:Tim Varon <TVaron@carlwarren.com> Sent:Monday, December 5, 2022 11:28 AM To:Mariana Rios Cc:Laurie Stroud; Andrea Staehle; Amber Molina Subject:20221205 Friend Palm Desert RETURN CLAIM BEYOND 6 MONTHS 3040724 Attachments:20221205 Friend Palm Desert RETURN CLAIM BEYOND 6 MONTHS 3040724.pdf; FW: 3040724- Palm Desert- Stacey Morris Friend/ Wilshire Law Firm; 20221205 Friend Palm Desert REJECTION OF APPLICATION FOR LEAVE 3040724.pdf Hi Mariana, Please find attached a copy of our Return of Late Claim Notice along with a copy of the Rejection for Leave to Present a Late Claim for your records. Please note that Ms. Laurie Stroud has been assigned to this file to process on the City’s behalf. Have a great day! Tim Tim Varon | Claims Supervisor Carl Warren & Company, LLC | A Venbrook Company PO Box 2411, Tustin, CA 92781 Office: (951) 465-4551 | Fax: (866) 254-4423 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This e-mail (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 e-mail 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, e-mail, 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 e- mail. It is your responsibility to check this e-mail (including any attachments) for viruses. PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 December 5, 2022 Wilshire Law Firm Attn: Andrew Haling, Esq. 3055 Wilshire Blvd., 12th Floor Los Angeles, CA 90010 REJECTION OF APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM RE: Claim : Friend vs. Palm Desert Claimant : Stacey Morris Friend Member : City of Palm Desert Date of Event : 2/12/22 CW File Number : 3040724 LSV Dear Mr. Haling: Notice is hereby given that the Application for Leave to Present a Late Claim which you presented to the City of Palm Desert on November 28, 2022 was rejected on December 5, 2022. WARNING If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Very Truly Yours, CARL WARREN & CO. Timothy M. Varon Timothy M. Varon Claims Supervisor Page 2 of 2 PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 cc: Member Agency: City of Palm Desert, attn:Mariana Rios PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 December 5, 2022 Wilshire Law Firm Attn: Andrew Haling, Esq. 3055 Wilshire Blvd., 12th Floor Los Angeles, CA 90010 LATE CLAIM NOTICE RE: Claimant : Stacey Morris Friend Member : City of Palm Desert Date of Event : 2/12/22 CW File Number : 3040724 LSV Dear Mr. Haling: Carl Warren & Company is the claims management company for the City of Palm Desert. Notice is hereby given that the claim which you presented to the City on November 28, 2022 is being returned to you because it was not presented within six months after the event or occurrence, as required by law. See Sections 901 and 911.2 of the Government Code. Because the claim was not presented within the time allowed by law, no action has been taken on the claim. Your only recourse at this time is to apply without delay to [name of public entity] for leave to present a late claim. See Sec. 911.4 – 912.2 inclusive and Sec. 946.6 of the Government Code. Under some circumstances leave to present a Late Claim will be granted. See Sec. 911.6 of the Government Code. You may seek the advice of an attorney of your choice in connecting with this matter. If you desire to consult an attorney, you should do so immediately. Very Truly Yours, CARL WARREN & CO. Timothy M. Varon Timothy M. Varon Claims Supervisor PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 December 5, 2022 Wilshire Law Firm Attn: Andrew Haling, Esq. 3055 Wilshire Blvd., 12th Floor Los Angeles, CA 90010 REJECTION OF APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM RE: Claim : Friend vs. Palm Desert Claimant : Stacey Morris Friend Member : City of Palm Desert Date of Event : 2/12/22 CW File Number : 3040724 LSV Dear Mr. Haling: Notice is hereby given that the Application for Leave to Present a Late Claim which you presented to the City of Palm Desert on November 28, 2022 was rejected on December 5, 2022. WARNING If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Very Truly Yours, CARL WARREN & CO. Timothy M. Varon Timothy M. Varon Claims Supervisor Page 2 of 2 PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 cc: Member Agency: City of Palm Desert, attn:Mariana Rios