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Home My WebLink About2023-12-13 Burnham, Terry - 9091 Gloria Sanchez From:Andrea Staehle Sent:Wednesday, January 10, 2024 5:12 PM To:Janice Baluyut Cc:Gloria Sanchez; Amber Molina Subject:RE: Request - Liability Exposure Analysis on CJP-3050306 - City of Palm Desert - 909 - Terry Burnham Hi Janice, Thank you for your thoughts on the exposures. The City maintains its previous position. Let me know if you have any questions or need additional information. Best, Andrea Staehle Human Resources Manager City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 astaehle@palmdesert.gov | 760.776.6337 | www.palmdesert.gov From: Janice Baluyut <jbaluyut@carlwarren.com> Sent: Friday, January 5, 2024 1:57 PM To: Andrea Staehle <astaehle@palmdesert.gov> Cc: Gloria Sanchez <gsanchez@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: RE: Request - Liability Exposure Analysis on CJP-3050306 - City of Palm Desert - 909 - Terry Burnham Good afternoon, Andrea There are 3 possible exposures… Inverse Condemnation Theory The SOL for Inverse Condemnation is 3 years. If the golf course is older than 3 years, then it is too late for the homeowner to pursue on that ground. Nuisance Liability Nuisance occurs when one pr Good afternoon, Andrea There are 3 possible exposures… Inverse Condemnation Theory The SOL for Inverse Condemnation is 3 years. If the golf course is older than 3 years, then it is too late for the homeowner to pursue on that ground. Nuisance Liability Nuisance occurs when one property owner uses their land in a way that interferes with a second landowners use of his land. This occurring in this case of an errant golf ball. The claimant is unable to enjoy his backyard due to the errant golf balls. Dangerous CondiƟon If there is no neƫng and depending upon how the fairways and tees have been designed, then Dangerous Condi Ɵon is a viable theory of liability. 2 IniƟally the city advised us they are placing responsibility on the actual golfer for the damage. This may not be a viable defense for that there was no intent. I understand the city has made some effort in preventaƟve measures however, we strongly suggest that the city consider neƫng, or fencing in effort to shield the adjacent properƟes from errant golf balls. The neƫng will reduce the risk significantly. From our experience here at Carl Warren, the claimant is likely to prevail based on the dangerous condi Ɵon theory. My recommendaƟon is to seƩle Mr. Burnham’s claim. Thank you Janice Baluyut Claims Examiner jbaluyut@carlwarren.com Tel: (657) 622-4326 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook Company 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 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. From: Andrea Staehle <astaehle@palmdesert.gov> Sent: Thursday, January 4, 2024 5:42 PM To: Janice Baluyut <jbaluyut@carlwarren.com> Cc: Gloria Sanchez <gsanchez@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: Request - Liability Exposure Analysis on CJP-3050306 - City of Palm Desert - 909 - Terry Burnham 3 Hi Janice, Can you analyze the liability exposure associated with this claim and make a recommendation on how to proceed? I am hesitate to change the City’s status without additional information. Plus, it would be good to know the your opinion on the exposure. In case it is helpful, attached is an email noting what has been done at Desert Willow to assist with the golf balls. Thank you, Andrea Staehle Human Resources Manager City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 astaehle@palmdesert.gov | 760.776.6337 | www.palmdesert.gov From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Thursday, January 4, 2024 1:58 PM To: Andrea Staehle <astaehle@palmdesert.gov> Cc: Martin Alvarez <malvarez@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: RE: CJP-3050306 - City of Palm Desert - 909 - Terry Burnham Hi, Andrea: The Claimant will give the city until January 16th – see attached. M. Gloria Sanchez Records Coordinator City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 gsanchez@palmdesert.gov | 760.776.6354 | www.palmdesert.gov From: Andrea Staehle <astaehle@palmdesert.gov> Sent: Wednesday, December 27, 2023 5:15 PM To: Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Martin Alvarez <malvarez@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: Re: CJP-3050306 - City of Palm Desert - 909 - Terry Burnham Hi Gloria, I think we still have the same stance, but I can talk to Todd next week. Can you advise we will get back to them next week? You don't often get email from astaehle@palmdesert.gov. Learn why this is important 4 Thanks, Andrea Sent from my iPhone Andrea Staehle Human Resources Manager City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 astaehle@palmdesert.gov | 760.776.6337 | www.palmdesert.gov On Dec 27, 2023, at 5:10 PM, Gloria Sanchez <gsanchez@palmdesert.gov> wrote: Hi, See highlighted below. <pdlogo_aeb5f777- 9f3d-40d4-9b90- 9e3c0c146f24.png> M. Gloria Sanchez Records Coordinator City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 gsanchez@palmdesert.gov | 760.776.6354 | www.palmdesert.gov From: Gloria Sanchez Sent: Wednesday, December 27, 2023 5:05 PM To: Janice Baluyut <jbaluyut@carlwarren.com> Subject: RE: CJP-3050306 - City of Palm Desert - 909 - Terry Burnham Hi Janice, Received and will forward to Public Works Director Martin Alvarez and Risk Management staff. How much time did Mr. Burnham give the City to respond? Thank you and have a nice evening. From: Janice Baluyut <jbaluyut@carlwarren.com> Sent: Tuesday, December 26, 2023 1:59 PM To: Gloria Sanchez <gsanchez@palmdesert.gov> Subject: RE: CJP-3050306 - City of Palm Desert - 909 - Terry Burnham 5 Hi Gloria, I received a call from claimant, Terry Burnham. Mr. Burnham says he is aware the city of Palm Desert does not have preventive measures in place to at least reduce the risk of injury or property damage caused by errant golf balls.He is asking the city to reconsider befo Hi Gloria, I received a call from claimant, Terry Burnham. Mr. Burnham says he is aware the city of Palm Desert does not have preventive measures in place to at least reduce the risk of injury or property damage caused by errant golf balls. He is asking the city to reconsider before he files small claims suit. I advised the claimant that I will forward his request to the city. Claimant also wanted the city to know that his wife was hit in the arm by a golf ball a few weeks ago and now he has concerns his grandchildren may get hit as well. Please advise if the city is willing to reconsider or if the city would like to discuss this further. Thank you Janice Baluyut Claims Examiner jbaluyut@carlwarren.com Tel: (657) 622-4326 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company 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: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Wednesday, December 20, 2023 10:03 AM To: Janice Baluyut <jbaluyut@carlwarren.com> Subject: FW: CJP-3050306 - City of Palm Desert - 909 - Terry Burnham Good morning, Janice: See responses to our questions below. Have a wonderful day and a beautiful holiday season. <image001.png> M. Gloria Sanchez Records Coordinator City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 1 Gloria Sanchez From:Gloria Sanchez Sent:Wednesday, December 20, 2023 10:03 AM To:Janice Baluyut Subject:FW: CJP-3050306 - City of Palm Desert - 909 - Terry Burnham Good morning, Janice: See responses to our questions below. Have a wonderful day and a beautiful holiday season. From: Martin Alvarez <malvarez@palmdesert.gov> Sent: Wednesday, December 20, 2023 8:49 AM To: Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Brad Chuck <bchuck@palmdesert.gov> Subject: Re: CJP-3050306 - City of Palm Desert - 909 - Terry Burnham Good morning Gloria, Please see responses below. Thanks. Martin. Martin Alvarez Public Works Director City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 malvarez@palmdesert.gov | 760.776.6467 | www.palmdesert.gov From: Janice Baluyut <jbaluyut@carlwarren.com> Sent: Monday, December 18, 2023 8:30 AM To: Gloria Sanchez <gsanchez@palmdesert.gov> Subject: FW: CJP-3050306 - City of Palm Desert - 909 - Terry Burnham Good morning, Gloria Please provide us with the following information: 1. Does the city of Palm Desert have control of Desert Willow Golf Course? (Yes) 2. Does the city currently have netting to prevent errant golf balls from going beyond the park ? (No) 3. Please provide any other information the city may have. (The City places responsibility on the golfer that may of hit a ball onto private property and caused damage). Thank you 1 Gloria Sanchez From:Janice Baluyut <jbaluyut@carlwarren.com> Sent:Monday, December 18, 2023 8:30 AM To:Gloria Sanchez Subject:FW: CJP-3050306 - City of Palm Desert - 909 - Terry Burnham Attachments:Claim Against the City of Palm Desert For Damage(s.pdf Good morning, Gloria Please provide us with the following information: 1. Does the city of Palm Desert have control of Desert Willow Golf Course? 2. Does the city currently have netting to prevent errant golf balls from going beyond the park ? 3. Please provide any other information the city may have. Thank you Janice Baluyut Claims Examiner jbaluyut@carlwarren.com Tel: (657) 622-4326 | 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. 1 Gloria Sanchez From:Tim Varon <TVaron@carlwarren.com> Sent:Friday, December 15, 2023 5:34 PM To:Gloria Sanchez Cc:Janice Baluyut; Andrea Staehle; Amber Molina Subject:FW: CJP-3050306 - City of Palm Desert - 909 - Terry Burnham Attachments:Claim Against the City of Palm Desert For Damage(s.pdf; 20231218 Burnham Palm Desert NOTIFICATION LETTER 3050306.pdf Hi Gloria, Please find attached a copy of our Notification Letter for your records. Have a great weekend! 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, 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 2 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: gsanchez@palmdesert.gov <gsanchez@palmdesert.gov> Sent: Wednesday, December 13, 2023 11:43 AM To: thileman@palmdesert.gov; Isra.Shah@bbklaw.com; cjpia Claims <cjpia@carlwarren.com> Cc: cescobedo@palmdesert.gov; amejia@palmdesert.gov; astaehle@palmdesert.gov; Tim Varon <TVaron@carlwarren.com> Subject: CJP-3050306 - City of Palm Desert - 909 - Terry Burnham Attached for your review and appropriate action is Claim No. 909 submitted by Terry Burnham. If you have questions or need additional information, please do not hesitate to contact me. Kind regards, City of Palm Desert Clerk's Office Some people who received this message don't often get email from gsanchez@palmdesert.gov. Learn why this is important PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 December 18, 2023 Terry Burnham 40 Lucerne Dr. Palm Desert, CA 92260 RE: Claimant : Terry Burnham Date of Loss : 5/28/23 Claim Filing Date : 12/13/23 Our File Number : 3050306 JBV Carl Warren & Company is the claims management company for the City of Palm Desert. The above-captioned claim has been assigned to Janice Baluyut for handling. Ms. Baluyut may be reached at 657-622-4326. 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:Gloria Sanchez 1 Gloria Sanchez From:Gloria Sanchez Sent:Thursday, December 14, 2023 3:02 PM To:cjpia@carlwarren.com Cc:tvaron@carlwarren.com Subject:RE: Claim Against the City of Palm Desert - 909 - Terry Burnham Attachments:909 Terry Burnham - Invoices-Photos.pdf Good afternoon, Attached are invoices and photographs provided by Mr. Burnham. If you have questions or need additional information, please do not hesitate to contact me. Thank you and have a good day. From: gsanchez@palmdesert.gov <gsanchez@palmdesert.gov> Sent: Wednesday, December 13, 2023 11:43 AM To: Todd Hileman <thileman@palmdesert.gov>; Isra Shah <isra.shah@bbklaw.com>; cjpia@carlwarren.com Cc: Chris Escobedo <cescobedo@palmdesert.gov>; Anthony Mejia <amejia@palmdesert.gov>; Andrea Staehle <astaehle@palmdesert.gov>; tvaron@carlwarren.com Subject: Claim Against the City of Palm Desert - 909 - Terry Burnham Attached for your review and appropriate action is Claim No. 909 submitted by Terry Burnham. If you have questions or need additional information, please do not hesitate to contact me. Kind regards, City of Palm Desert Clerk's Office 1 Gloria Sanchez From:gsanchez@palmdesert.gov Sent:Wednesday, December 13, 2023 11:43 AM To:Todd Hileman; Isra Shah; cjpia@carlwarren.com Cc:Chris Escobedo; Anthony Mejia; Andrea Staehle; tvaron@carlwarren.com Subject:Claim Against the City of Palm Desert - 909 - Terry Burnham Attachments:Claim Against the City of Palm Desert For Damage(s.pdf Attached for your review and appropriate action is Claim No. 909 submitted by Terry Burnham. If you have questions or need additional information, please do not hesitate to contact me. Kind regards, City of Palm Desert Clerk's Office