HomeMy WebLinkAbout2023-10-26 Nadig, Brent - Rejection1
Gloria Sanchez
From:Tim Varon <TVaron@carlwarren.com>
Sent:Wednesday, January 24, 2024 9:29 AM
To:Gloria Sanchez
Cc:Larry Mullen; Andrea Staehle; Amber Molina
Subject:3049718, Palm Desert, Brent Nadig
Attachments:20240124 Nadig Palm Desert REJECTION NOTICE 3049718.pdf
Hi Gloria,
Please find attached a copy of our Rejection Notice for your records.
Have a great day!
Tim
Tim Varon
Claims Supervisor
TVaron@carlwarren.com
Tel: (657) 622-4287 | Fax: (866) 254-4423
Carl Warren & Company, LLC
CA Entity License No: 2607296
www.carlwarren.com
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,
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that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you
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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.
PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
January 24, 2024
Brent Nadig
2332 Knob Hill Dr.
Riverside, CA 92506
REJECTION NOTICE
RE: Entity : City of Palm Desert
Claimant : Brent Nadig
D/Incident : 8/21/23
Our File : 3049718 LMV
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 September 11,
2023 has been referred to us for investigation and handling.
Notice is hereby given that the claim presented to the captioned entity on September 11, 2023 was
denied on January 24, 2024. 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
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Gloria Sanchez
From:Larry Mullen <lmullen@carlwarren.com>
Sent:Thursday, October 26, 2023 2:12 PM
To:Tim Varon
Cc:Gloria Sanchez; Amber Molina
Subject:DIARY REVIEW : 3049718 REJECTION RECOMENDATION - CLAIMANT: Brent HadIg
DIARY REVIEW : 3049718 REJECTION RECOMENDATION 10-26-2023
CLAIMANT: Brent HadIg
EVENT: The claimant is the owner of a car wash that sustained water damage during the
storm event on 8-21-2023. The claimant alleges storm waters filled the local Freedom Park.
When the City attempted to drain the park, they flooded the local streets with water that
caused the flooding of his business property.
STATUTE OF LIMITATION: 8/21/2025
Action plan items from last review and status :
1. The City provided information
2. Waiting for the claimant’s estimates
Coverage: Confirmed under the MOC.
CITY INFORMATION: The City provided the following information:
Hi Gloria,
Below is a timeline of events. Attached are the pictures referenced.
The date of the incident mentioned on the claim is August 21, 2023. Following is a timeline of events:
The storm began on August 20, 2023
On August 21, 2023, the Fire Department Contacted me regarding having a Building Inspector inspect the
business park, which includes the address listed on the claim.
I contacted Jason Finely to inspect the flooded structures.
The Streets On Call person was contacted by the Sherriff’s Department to close the business park due to
flooding. I informed Street Staff to proceed. (see attached flood pictures)
On August 22, 2023, City Staff and Granite construction inspected the business park. Water had receded. The
retention at the business park overflowed due to the volume of water. (see pictures)
City Staff began pumping water on August 28, 2023. However, due to the amount of water on the street, staff
aborted this option. (see attached videos)
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On September 6, 2023, City Staff resumed pumping water from the Freedom Park baseball fields to the soccer
park south of the baseball fields. This water percolates and stays on site.
Larry Mullen
Claims Examiner
lmullen@carlwarren.com
Tel: (657) 622-4309 | Fax: (866) 254-4423
Carl Warren & Company, LLC
CA Entity License No: 2607296
www.carlwarren.com
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.
From: Larry Mullen <lmullen@carlwarren.com>
Sent: Tuesday, October 17, 2023 5:56 PM
To: Gloria Sanchez <gsanchez@palmdesert.gov>; Randy Chavez <rchavez@palmdesert.gov>
Subject: FW: Nadig:- Flooding claim
Hi All:
I just finished a lengthy conversation with Mr. Nadig and I related your comments Randy. Mr. Nadig adamantly rejected
your version and said there were several City officials at the site, one being Jason Finley, who can confirm that the City
draining of the park caused his flooding. Just passing this along. Perhaps we can get Jason’s comment concerning his
discussion with Mr. Nadig.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
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From: Randy Chavez <rchavez@palmdesert.gov>
Sent: Monday, October 9, 2023 4:55 PM
To: Larry Mullen <lmullen@carlwarren.com>
Cc: Gloria Sanchez <gsanchez@palmdesert.gov>; Jason Finley <jfinley@palmdesert.gov>
Subject: RE: Nadig:- Flooding claim
Hi Larry,
That is not correct. The flood occurred due to the storm. The claimant’s property was flooded prior to the city pumping
water out of the park. Both the Fire and Sherriff Departments contacted the city during the storm to ensure we closed
access to the parking lot due to the flooding.
As a side note, we aborted the pumping mission because folks parking adjacent to the curb were stepping in water and
not because of flooding.
Please see the attached information. Please let me know if you need additional information
.
.
Randy Chavez
Deputy Director of Public Works
760.776.6462
rchavez@palmdesert.gov | www.palmdesert.gov
73510 Fred Waring Drive, Palm Desert, CA, 92260
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
CITY OF PALM DESERT
DIVISION OF BUILDING & SAFETY
CLAIMS RESPONSE
FROM: Jason Finley, Chief Building Official
DESCRIPTION: 77960 Country Club Dr – Executive Car Wash Claim
DATE: October 23, 2023
_____
On August 21, 2023, at approximately 19:00 hours, I was requested by the Riverside County Fire
Department to respond to the business center at 77900 through 77960 Country Club Drive, Palm
Desert, CA 92211. The response was requested due to a large amount of standing water affecting
the interiors of these buildings.
Upon arrival, I confirmed the parking areas (both front and rear) of the buildings mentioned had
standing water of 6 to 8 inches. I confirmed with the tenants in 77900 and 77920 that their interiors
were not affected by any water intrusion. Building addresses 77940 and 77960 Country Club Drive
(Executive Car Wash) were closed or not occupied. The Fire Department had notified the local
electrical provider (Imperial Irrigation District) to disconnect power to these buildings.
Unable to determine the extent of any damaged electrical components, I issued a red placard (do not
enter) to each business and placed it at their entry directing an inspection be made of their electrical
systems. See Page 2 picture of the Executive Car Wash’s submittal of the red placard within the
window.
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Returning on August 22 at approximately 11:30 hours, I observed all the red placard businesses open
and cleaning. Disregarding the instructions on the placards to coordinate an inspection with building
and safety. The standing water had receded from the parking areas.
I observed the Executive Car Wash business cleaning its interior. I contacted Mr. Nadig and
commented on the opening for cleaning and not coordinating an inspection. He allowed an inspection
in which most of the interior water had already been removed. It did not appear to rise above any
baseboard level. No electrical systems appear to receive any water intrusion. The owner provided a
letter from a licensed electrician confirming the electrical system was intact and unaffected. Power
was restored. No other contact has been made.
SITE INSPECTION: No site inspection was made for this matter
LIABILITY: Based upon the information supplied by the City, we believe there is no City liability
for this matter regarding the claimant’s allegation that the City draining of the local park
caused the flooding of his car wash. Any flooding appears to be due to the excessive
amount of water generated by the heavy storm period, at act of nature event.
PHOTOGRAPHS: Photographs are available for viewing in Filehandlier
PROPERTY DAMAGE: The claimant has not submitted estimates for his claim.
Reserves: $50,000.00 – Property damage. The reserve is currently accurate based upon the
information provided.
Client Damages: N/A
INJURIES: N/A
Alleged Injuries:
Medical History/Prior Injuries:
CLAIMANT’S COMMENTS: The claimant informed us if the City does not reimburse him for his
damages, he will obtain an attorney .
RECOMMENDATIONS: We recommend rejection of this matter. We also recommend sending
the claimant a letter explaining the reason for the rejection.
DISPOSITION/ACTION PLAN:
1. Await response to our recommendations.
SUBROGATION: N/A