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Home My WebLink About2024-06-19 Broyles, Jacob - 903Gloria Sanchez From: Sent: To: Cc: Subject: Attachments: Good Morning Ms. Bray, Acevedo, Alexis M. <Alexis.Acevedo@KutakRock.com> Tuesday, June 25, 2024 8:17 AM Claudia Bray; pzeglovitch@cjpia.org; Gloria Sanchez Richards, Edwin J.; Patel, Vijay Jagdish Broyles v. City of Palm Desert (3049828) - Status Report re Analysis of New Complaint and Cross -Complaint Filed 2024.06.25 - BROYLES - Status Report re Analysis of New Complaint and Cross - Complaint Filed.pdf Please see the attached status report. Thank you, Alexis Acevedo 1 Legal Secretary KUTAKROCK 5 Park Plaza, Suite 1500, Irvine, CA 92614 D: 949.417.0964 I 0: 949.417.0999 1 F: 949.417.5394 Alexis.Acevedo@KutakRock.com I www.KutakRock.com E-Service: irvineintake@kutakrock.com This E-mail message is confidential, is intended only for the named recipients above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you have received this message in error, please notify the sender at 402-346-6000 and delete this E-mail message. Thank you. i KUTAKROCK June 25, 2024 VIA EMAIL Ms. Claudia Bray CARL WARREN & COMPANY P.O. Box 2411 Tustin, CA 92781 Re: Broyles v. City Of Palm Member Agency . Claimant D/Loss File No. Kutak Rock LLP 5 Park Plaza, Suite 1500, Irvine, CA 92614-8595 office 949.417.0999 Desert City of Palm Desert Jacob Broyles 8/20/2023 3049828 Edwin J. Richards edwin.richards@kutakrock.com Dear Ms. Bray: After seven months of no activity in this claim, there has now been a significant development which I will discuss below. By way of background, recall that in August 2023 heavy rains were experienced in the desert because of Hurricane Hillary, and significant flooding occurred throughout the City of Palm Desert. The City received a claim from an individual named Broyles who owned a rental unit in a development that is known as the Spanish Walk Community. His unit was flooded during this storm event and he filed a government claim alleging that City storm drain facilities caused or contributed to the damage to his unit. We elected to take no action on the claim and allow it to be denied by operation of law 45 days after it was filed, and for the past seven months the claimant has done nothing to pursue his claim. This week we learned that a group of 18 owners of units within the Spanish Walk Community filed a lawsuit against the developers of that community (Western National Builders Inc. and Western National Investments) as well is three other residential developments neighboring the Spanish Walk Community (Desert Emerald LLC, WNG Palm Desert LP and Gerald Ford Apartments LP.). The original claimant, Broyles, is one of those 18 plaintiffs. The City is not named as a defendant in that lawsuit, and those plaintiffs, with the exception of Broyles, have never filed a government claim with the City. It appears that the primary defendants in that lawsuit are Western National Builders Inc and Desert Emerald LLC. Desert Emerald LLC has now filed a cross complaint against multiple parties alleging that those cross defendants were involved in land development that altered the natural drainage patterns in the area which contributed to the flooding of the Plaintiffs' units. The Cross Complaint by Desert Emerald LLC seeks indemnity and contribution with regard to their potential liability to the 18 plaintiffs, and the City is included as one of those cross defendants. In other words, the City is now being brought into this litigation as a cross defendant in a cross complaint brought by Desert Emerald LLC seeking indemnity and contribution. 4856-6453-9851.1 11317-359 PRIVILEGED AND CONFIDENTIAL ATTORNEY -CLIENT COMMUNICATION AND/OR WORK PRODUCT KUTAKROCK Ms. Claudia Bray June 25, 2024 Page 2 Allow me to review and analyze this new litigation, the City's involvement, and a recommended initial litigation plan. FACTS As we indicated in our status report of February 6, 2024, records from the fire department that responded to this flood event includes a statement indicating that the flooding of the Spanish Walk Community may have been caused by a major drainage channel located outside of the Spanish Walk Community that overflowed its berm and contributed to the flooding of the community. The initial evidence indicates that the City may own that channel and may have been responsible for maintaining it. It preliminarily appears that this channel is the only potential basis of liability against the City, and that there are no other City utilities that could have contributed to this flood event. In January 2024 the owners of 18 properties located within the Spanish Walk Community filed a lawsuit in which they named as defendants Western National Builders Inc, and Western National Investments which are identified as the developers of the Spanish Walk Community. The Complaint alleges that the design, construction, and development of the community violated a multitude of unidentified building codes and regulations all of which contributed to the flood event that is the subject matter of the lawsuit. The Complaint also names Desert Emerald LLC as a defendant. It is alleged that Desert Emerald LLC is a luxury recreational vehicle resort with 254 RV sites that is located adjacent to the Spanish Walk Community. The Complaint alleges that the development of Desert Emerald Development altered the natural flow of surface water in a manner that increased the volume of water flowing from it onto the Spanish Walk Community, and that this alteration of the natural surface water flow was exacerbated by the installation of a perimeter wall around the RV park. Other neighboring residential developments are also named as defendants including, WNG Palm Desert LP and Gerald Ford Apartments LP. It is alleged that the development and construction of these latter two developments, which are also located adjacent to the Spanish Walk Community, also altered the natural surface water flows in the area in a manner that increased the volume of water reaching the Spanish Walk Community and caused or contributed to the damages suffered by the Plaintiffs. As indicated above, this Complaint by the 18 property owners does not name the City as a defendant. This month the Defendant, Desert Emerald LLC, filed a cross complaint against multiple defendants seeking equitable indemnity and contribution as well as declaratory relief in the event that it is held liable to the Plaintiffs. The cross defendants with regard to the equitable indemnity/ contribution causes of action include the Community Association for the Spanish Walk Community (hereinafter referred to as the Association). Recall that we previously reported that the CC&R's for that the Spanish Walk Community obligate the Association to operate and maintain a private storm drain system within the development. The cross complaint alleges that this private storm drain system was a significant contributing factor to the flood damage suffered by the Plaintiffs thereby imposing liability on the Association. The cross complaint also alleges that the development of the Spanish Walk Community by Western National Builders altered the 4856-6453-9851.1 11317-359 PRIVILEGED AND CONFIDENTIAL ATTORNEY -CLIENT COMMUNICATION AND/OR WORK PRODUCT KUTAKROCK Ms. Claudia Bray June 25, 2024 Page 3 surface water drainage of the area which increased the volume of water reaching the Spanish Walk Community, and on that basis seeks indemnity and contribution from Western National Builders. The Cross Complaint also names the Coachella Valley Water District alleging that its operations also altered the natural drainage in the area and increased the volume of surface water reaching the Spanish Walk Community. The claim against the City is that it owns and maintains the off -site drainage channel referred to above that overflowed its berm and contributed to the floodwaters reaching the Spanish Walk Community. The specific causes of action included in the Cross Complaint include negligence, public and private nuisance, and trespass. It is significant to note that the Cross Complaint does not include a cause of action for inverse condemnation. However, the Cross Complaint against the City is one for equitable indemnity and contribution, and in my experience that may allow the Cross Complainant to argue that a claim for inverse condemnation is impliedly included within the Cross Complaint. Whether the Court will allow the Cross Complaint to be amended to add an inverse condemnation claim based on that argument is uncertain, but it should be noted that leave to amend the Cross Complaint to add a cause of action for inverse condemnation would likely be granted provided the motion is brought before the three-year statute of limitations for an inverse condemnation claim expires. It is alleged that the date of this incident was August 21, 2023, so the three-year statute of limitations will not expire until August 21, 2026. It is arguable that this indemnity cross complaint qualifies as a claim for money against a public entity which obligates the claimant to file a government claim with the public entity before filing a lawsuit. Counsel for the Cross Complainant seems to agree with that assessment because they have filed a government claim with the City in which they make the same claims for indemnity and contribution that are included in the Cross Complaint that they have filed. That probably explains why they have not yet served the City with the Cross Complaint - they are waiting for the claim to be denied so that they may allege compliance with the claims requirement of the California Tort Claims Act. DAMAGES The damage exposure for this cross complaint is not currently known because it is dependent upon the amount of the potential judgment that could be awarded to the plaintiffs and against the cross complainant (Desert Emerald LLC). If the cross -complainant successfully defeats the plaintiffs' lawsuit then they will have incurred no damages that would be recoverable under their cross complaint for equitable indemnity which is the only cause of action against the City. However, even if they successfully defend the lawsuit against the plaintiffs, they may be entitled to recover their litigation costs and attorney fees against the Association based on an additional cause of action included in their cross complaint for express indemnity which is directed only at the Association. That cause of action alleges that Association, entered into a reciprocal easement and maintenance agreement with Desert Emerald LLC in 2016 that contains an express indemnity clause in favor of the Desert Emerald. It is also alleged that the agreement includes a 4856-6453-9851.1 PRIVILEGED AND CONFIDENTIAL 11317-359 ATTORNEY -CLIENT COMMUNICATION AND/OR WORK PRODUCT KUTAKROCK Ms. Claudia Bray June 25, 2024 Page 4 provision requiring the Spanish Walk Community Association to maintain liability insurance naming the Desert Emerald LLC as an additional insured, and the agreement also provides that if litigation results from the easement and maintenance agreement that the prevailing party shall be entitled to recover attorney fees. It is my opinion that the primary target of the Cross Complaint is the River Walk Community Association. I base that opinion on the fact that, whereas the claims against all cross defendants except Desert Emerald LLC are limited to claims for equitable indemnity and contribution, the claims against the Association include claims for express indemnity including attorney fees. PROCEDURAL STATUS The City has been served with a government claim by Desert Emerald LLC but it has taken no action and the 45 days to respond has not yet expired. The City is named in the cross complaint but has not yet been served. Decisions must therefore be made regarding how the City should respond to the government claim and to the lawsuit. With regard to the claim, it appears to me from the allegations in the complaint and cross complaint that the primary defendant is the Spanish Walk Community Association and Desert Emerald LLC related to their operation of their private drainage systems, and the Association seeks to insulate itself from liability by cross complaining against the developers of the Spanish Walk Community (Western National Builders Inc) contending that the design and construction of the community was deficient in that it failed to appropriately design a drainage system that would adequately protect the community from surface water flooding. Although the cross complaint states a viable cause of action against the City for equitable indemnity and/or contribution, it does not appear to me that the City is a "target" in this case. I recommend that we keep that in mind in deciding how to respond to the government claim. My recommendation is that the City should not affirmatively deny the claim, but rather should allow the 45 days to elapse whereby the claim will be denied by operational law, and see whether the cross complainant proceeds to serve its cross complaint on the City. If it does not serve the cross complaint on the City then we should continue to simply monitor this matter. However, if they serve the cross complaint then we will naturally file an appropriate Answer with applicable affirmative defenses and commence formal discovery. RECOMMENDED PRE-LITIGATION/LITIGATION PLAN AND STRATEGY I recommend that we undertake the following actions at this time. 1. Contact the attorney representing the cross complainant to confirm that they have not yet served their cross complaint on the City, express our opinion that liability against the City is remote, and attempt to dissuade them from proceeding with litigation against the City suggesting that they do not need the City in the lawsuit in order to be successful against the other cross defendants. It appears to me that the strongest case for the cross complaint is the express indemnity 4856-6453-9851.1 11317-359 PRIVILEGED AND CONFIDENTIAL ATTORNEY -CLIENT COMMUNICATION AND/OR WORK PRODUCT KUTAKROCK Ms. Claudia Bray June 25, 2024 Page 5 cause of action that it has against the Spanish Walk Community Association which provides them with a right to contractual indemnity, and the ability to recover attorney fees. 2. Complete our early meeting with appropriate city staff members to clarify the City's relationship to the off -site storm drain channel that overflowed its berm, educate ourselves with regard to the City's permitting of the Spanish Walk Development including the conditions of approval imposed by the City. 3. Finalize retention of our geotechnical engineering expert, Glenn Tofani, to consult with us regarding the engineering aspects of the case and prepare to opine on the causation issues which will determine liability in this case. Please call if you wish to discuss these issues. With your permission we will proceed as outlined above and I will submit our litigation budget this week under separate cover. Very truly yours, EJR: as Cc: California JPIA — Liability Program Manager Gloria Sanchez — City of Palm Desert P.S.: Subsequent to drafting this status report we have been notified that the 18 Plaintiffs who filed the lawsuit discussed above against Western National Builders Ince, Western National Investors, Desert Emerald, WNG Palm Desert and Gerald Ford Apartments have each filed a government claim with the City. Recall that the City is named in their Complaint, but the Government Code precludes them from pursuing that Complaint against the City until the Plaintiffs' have complied with the claims requirements of the Government Code. The filing of these 18 claims is their effort to comply with those requirements. That suggests that once the City denies the claim they will serve the City with their Complaint. We are currently reviewing the 18 new claims and provide our analysis in our next status report. 4856-6453-9851.1 11317-359 PRIVILEGED AND CONFIDENTIAL ATTORNEY -CLIENT COMMUNICATION AND/OR WORK PRODUCT Gloria Sanchez From: Tim Varon <TVaron@carlwarren.com> Sent: Thursday, June 20, 2024 5:45 PM To: Gloria Sanchez Cc: Claudia Bray; Edwin J. Richards (ed.richards@kutakrock.com); Alexis Acevedo (alexis.acevedo@kutakrock.com); Vijay Jagdish Patel; Andrea Staehle; Amber Molina Subject: FW: CJP-3049828 - Claim Against the City of Palm Desert - 903 - Jacob Broyles Attachments: Claim Against the City of Palm Desert For Damage(s.pdf; 20240621 Broyles Palm Desert OPEN LETTER CJP-3049828.pdf; 20240212 Broyles Palm Desert REJECTION NOTICE CJP-3049828.pdf Hi Gloria, Please find attached a copy of our Open Letter along with the Rejection Notice Enclosure for your records. Have a great evening! Tim Tim Varon Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 1 Fax: (866) 254-4423 CARL WARREN & COMPANY A VENBROOK COMPANY 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 i CARL WARREN & COMPANY Claims Management and Solutions A (JjVENBROOucCompany June 21, 2024 Frank Mascia 10089 Willow Creek Rd., Ste. 200 San Diego, CA 92131 RE: Claim Claimant Member Date Rec'd by Mbr Date of Event CW File Number Broyles vs. Palm Desert Jacob Broyles City of Palm Desert 9/22/23 8/22/23 CJP-3049828 CBV Dear Mr. Mascia, Please find enclosed a copy of our Rejection Notice dated February 12, 2024 for your records. Very Truly Yours, Enc: CARL WARREN & CO. TimevoTh4J M. Varo-vt. Timothy M. Varon Claims Supervisor Jacob Broyles Rejection Notice dated February 12, 2024 PO Box 2411, Tustin, CA 92781 T: 657-622-4200 F: 866-254-4423 www.carlwarren.com CA License #2607296 LL' ® CARL WARREN & COMPANY Claims Management and Solutions A aVENBROOK. Company February 12, 2024 Jacob Broyles 255 Calle Siempre Palm Desert, CA 92211 CLAIM REJECTION NOTICE RE: Claimant: Jacob Broyles Member: City of Palm Desert Date of Event: 08/20/2023 CW File Number: 3049828 CBV 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 09/22/2023 was rejected on 02/12/2024. The City of Palm Desert does not own nor maintain the drainage system in the Spanish Walk Community. The drainage system is privately owned by the condominium association. 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 see 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, aatitolia, bray Claudia Bray Sr. Claims Examiners Carl Warren & Company, LLC I A Venbrook Company PO Box 2411, Tustin, CA 92781 T: 657-622-4200 I F:866-254-4423 I www.carlwarren.com CA License #2607296 Gloria Sanchez From: gsanchez@palmdesert.gov Sent: Wednesday, June 19, 2024 2:14 PM 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 - 903 - Jacob Broyles Attachments: Claim Against the City of Palm Desert For Damage(s.pdf Attached for your review and appropriate action is Claim No. 903 submitted by Jacob Broyles. The claimant is listed as a plaintiff in the Summons Cross -Complaint CVRI2400152. Mr. Broyles initially filed a claim on September 25, 2023 - City Claim No. 903. If you have questions or need additional information, please do not hesitate to contact me. Kind regards, City of Palm Desert Clerk's Office i Claim Against the City of Palm Desert For Damage(s) to Person(s) or Personal Property PALM DESERT CALIFORNIA Instructions: Please fill out this form completely. Failure to provide sufficient information may result in delays in claim processing. If you need an accommodation to complete or submit this form, please contact the City Clerk's Office Claims Coordinator at cityclerk@palmdesert.gov or (760) 346-0611. Important Information: 1. Claims for death, injury to person or to personal property must be fi led no later than six(6) months after the occurrence. 2. Claims for damages to real property must be fi led no later than one (1) year after theoccurrence. See California Government Code §911.2. 3. Be sure claim is against the City of Palm Desert, not another public entity. 4. Claimant is advised to consult a private attorney if legal advice is desired. No employeeof the City may give legal advice to any claimant relating to private claims. Instrucciones: Complete este formulario en su totalidad. Si no brinda informacionsufi ciente, pueden producirse demoras en el procesamiento del reclamo. Si necesita algunaacomodacion para completar o enviar este formulario, comuniquese con el Coordinador deADA a la direction de correo electronico cityclerk@palmdesert.gov o al telefono (760) 346-0611. Information importante: 1. Los reclamos por muerte, lesiones personales o danos a la propiedad debenpresentarse a mas tardar seis (6) meses despues de haberse producido el hecho. 2. Los reclamos por danos a bienes inmuebles deben presentarse a mas tardar un (1) anodespues de haberse producido el hecho. (Consulte §911.2 del Codigo de Gobierno). 3. Asegurese de dirigir su reclamo a la ciudad de Palm Springs, no a otro organismopublico. 4. Se aconseja a los reclamantes consultar con un abogado privado si asi to desean.Ningun empleado de la ciudad puede. Claimant First Name Jacob Home Address / Domicilio Street Address 255 Calle Siempre Address Line 2 Claimant Last Name Broyles City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Preferred Phone Number / Numero de telefono preferido Email / Correo electronico 858-792-7474 frank@naumannlegal.com Are you currently represented by an attorney? / zEsta actualmenterepresentado por un abogado? OiYes 0No If represented by an attorney, provide name / Si cuenta con la representacion de un abogado, indique su nombre Frank Mascia Attorney Email / Correo electronico del abogado frank@naumannlegal.com Attorney Address / direccion postal del abogado Street Address 10089 Willow Creek Road Address Line 2 Suite 200 Attorney Phone / Numero de telefono del abogado 858-792-7474 City State/Province/Region San Diego CA Postal/Zip Code Country 92131 United States Date and time of damage/injury/loss - Fecha y hora deldano/lesion/perdida 08/22/2023 12:00:00 PM Did any other person experience an injury/damage/loss? - LAIguna otrapersona experimento una lesion/dano/perdida? CI Yes CI No Name Phone Number Maryam Afsarzadeh 858-792-7474 E-Mail frank@naumannlegal.com Street Address 261 Calle Siempre Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number Jose Jennifer A. Alvarez 858-792-7474 E-Mail frank@naumannlegal.com Street Address 262 Paseo Bravo Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number Anna Marie Thompson 858-792-7474 E-Mail frank@naumannlegal.com Street Address 257 Calle Siempre Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number David Dickson 858-792-7474 E-Mail frank@naumannlegal.com Street Address 266 Paseo Bravo Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number Lydia Duran 858-792-7474 E-Mail frank@naumannlegal.com Street Address 259 Calle Siempre Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number Joseph Balingit Escoto 858-792-7474 E-Mail frank@naumannlegal.com Street Address 260 Paseo Bravo Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number Keith J. Hamilton 858-792-7474 E-Mail frank@naumannlegal.com Street Address 265 Calle Siempre Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number Hayes Family Trust 858-792-7474 E-Mail frank@naumannlegal.com Street Address 269 Calle Siempre Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number Gregory Drake Lapidus 858-792-7474 E-Mail frank@naumannlegal.com Street Address 263 Calle Siempre Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number Linda Lester 858-792-7474 E-Mail frank@naumannlegal.com Street Address 254 Paseo Bravo Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Kyounghee Markus E-Mail frank@naumannlegal.com Street Address 256 Paseo Bravo Address Line 2 Phone Number 858-792-7474 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number Alexis Mullinix 858-792-7474 E-Mail frank@naumannlegal.com Street Address 244 Paseo Bravo Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number Mark Orr 858-792-7474 E-Mail frank@naumannlegal.com Street Address 258 Paseo Bravo Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number Lalaine Polo 858-792-7474 E-Mail frank@naumannlegal.com Street Address 246 Paseo Bravo Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number Pedro Daniel Reyes 858-792-7474 E-Mail frank@naumannlegal.com Street Address 252 Paseo Bravo Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number Caroline Scott 858-792-7474 E-Mail frank@naumannlegal.com Street Address 264 Paseo Bravo Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Phone Number The Steinberg Family Trust 858-792-7474 E-Mail frank@naumannlegal.com Street Address 249 Calle Siempre Address Line 2 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Name Matthew Todd E-Mail frank@naumannlegal.com Street Address 251 Calle Siempre Address Line 2 Phone Number 858-792-7474 City State/Province/Region Palm Desert CA Postal/Zip Code Country 92211 USA Are there any witnesses? - zHay algun testigo? D Yes O No Location of damage/injury/loss (if known, include specific address) - Lugar donde se produjo el dano, la lesion o la perdida (si conoce el domicilio especifico, indiquelo) Spanish Walk Community generally located at Address Provide a general description of the damage/injury/loss as the time of this claim - Describa el dano, la lesion o la perdida al momento de este reclamo The Spanish Walk community was flooded with backflow storm water coming up out of the storm drains and into their homes. Real property damage includes destroyed drywall, flooring, and mold remediation. Out of pocket expenses for cleanup, temporary emergency repairs to real property, and replacement of destroyed personal property. Specify how the damage/injury/loss occurred - Especifique como se produjo el dano, la lesion o la perdida The City of Palm Desert is required to maintain the storm drain system that connects to the Spanish Walk community's storm drains. On August 21, 2023, the City's storm drain system was not functioning because it was filled with debris and other detritus. The City failed to maintain, clean, keep free of garbage so that storm water can flow, etc. the storm drain system which caused property and other damages that were incurred by the homeowners and community of Spanish Walk. Were paramedics/ambulance called? / (lama a los paramedicos/ambulancia? OYes @i No Did you seek medical treatment? / Buscaste tratamiento medico? OYes @i No What particular action/omission by the City, or its employee(s) caused the damage/injury/loss? - zQue accion u omision especffica de la ciudad o sus empleados ocasionaron el dano, la lesion o la perdida? The City of Palm Desert is required to maintain the storm drain system that connects to the Spanish Walk community's storm drains. On August 21, 2023, the City's storm drain system was not functioning because it was filled with debris and other detritus. The City failed to maintain, clean, keep free of garbage so that storm water can flow, etc. the storm drain system which caused property and other damages that were incurred by the homeowners and community of Spanish Walk. The City of Palm Desert is required to oversee and manage development of property in the City. The City of Palm Desert granted permits for massive developments without adequate oversight. The City of Palm Desert also granted permits for a massive housing development located at 75580 Gerald Ford Drive, Palm Desert, CA 92211 which lacked an environmental impact assessment as required by the California Environmental Quality Act. Provide the name of the City employee involved in the damage/injury/loss, if known - Si to conoce, indique el nombre de los empleados de la ciudad involucrados en el dano, la lesion o la perdida N/A Was a police report filed? / presento un informe policial? OYes @No Any additional information that might be helpful in considering claim / Cualquier information adicional que pueda ser util al considerar el reclamo: The City of Palm Desert was granted an easement for drainage and water retention purposes so that the City could incorporate the Spanish Walk Community Association's storm drains into the City's existing drain and retention facilities in accordance with the City's plans. The easement was granted on October 2, 2008 and is known as document #2008-0567544 in the Official Records of the County of Riverside. The City's storm sewer and drainage system was not functioning during the storm/water event on or about August 21, 2023, which caused storm water to backflow and damage homes located in the Spanish Walk community. DAMAGES CLAIMED - If the amount claimed exceeds $10,000, it is not required that a dollar amount be provided. However, your claim must indicate whether it would be a Limited Civil Case. A Limited Civil Case is one where the recovery sought, exclusive of attorney fees, interest, and court costs, does not exceed $25,000. An Unlimited Civil Case is one in which the recovery sought is more than $25,000. / Si el monto reclamado supera los $10.000, no es necesario indicar el importe en dolares. Sin embargo, el reclamo debe indicar si se trataria de una Accion civil limitada. Una accion civil limitada es una accion en la que el resarcimiento pretendido no supera los $25.000, sin incluir honorarios de abogados, intereses y costas del tribunal. En una accion civil sin limite, el resarcimiento pretendido supera los $25.000. Q Limited Civil Case (damages between $10,000 to $25,000) - Accion civil limitada (los danos ascienden a $10.000 - $25.000) Q Unlimited Civil Case (damages exceed $25,000) -Accion civil sin limite (los danos superan los $25.000) 0 Claimed totals less than $10,000 / Total reclamado menos de $10,000 Basis for Computation of amount claimed (include estimate/bills as an attachment, if possible) - Base para el calculo del monto reclamado (incluya estimaciones/facturas como anexo, si es posible) Receipts, expert opinions Document Uploads Picture Uploads WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM. (CALIFORNIA PENAL CODE 72 AND CALIFORNIA INSURANCE CODE) I hereby certify under penalty of perjury that the facts hereinabove set forth are true and correct to the best of my knowledge. / ADVERTENCIA: ES UN DELITO PENAL PRESENTAR UNA RECLAMACION FALSA. (CODIGO PENAL DE CALIFORNIA 72 Y CODIGO DE SEGUROS DE CALIFORNIA) Por la presente certifico bajo pena de perjurio que los hechos establecidos anteriormente son verdaderos y correctos a mi leal saber y entender. Signature 42taiek Wale Assigned Claim Number 903 Signature Of. aeotia,Saothez Signee Date 06/19/2024 Date 06/19/2024 Additional Information (If Necessary) The claimant is listed as a plaintiff in the Summons Cross -Complaint CVRI2400152. Mr. Broyles initially filed a claim on September 25, 2023 - City Claim No. 903. Action History (UTC-08:00) Submit Submit by Anonymous User 2024-06-19 12:11:48 PM (Start) by Gloria Sanchez 2024-06-19 02:13:45 PM (User Task) • The task was assigned to Gloria Sanchez, Michelle Nance. The due date is: June 21, 2024 5:00 PM. The priority is: Urgent 6/19/2024 12:11:57 PM • Gloria Sanchez assigned the task to Gloria Sanchez 6/19/2024 2:04:26 PM