HomeMy WebLinkAbout2021-01-21 Kinney, DanCIJY Of PAlffi Of~fRl
73-510 FRED WARING DRIVE
0FF1 CEOFTH E CrTY MA NAGER
May 18 , 2021
Dan L. Kinney
39254 Palace Drive
Palm Desert , California 92211
Dear Mr. Kinney :
PALM DESERT , CALIFORNIA 92260-2578
TEL: 760 346 -0611
FAX: 760 340-0574
info@palm -deserc.org
Thank you for recent correspondence concerning a claim you submitted to the
City of Palm Desert . This matter involved damages to your vehicle you noted were from
driving over a pothole on Oasis Club Drive on January 14 , 2021 . I did ask staff and the
City's claim administrator to review the case again .
Carl Warren & Company , the City's claim administrator, thoroughly reviewed this
matter and based on Government Code Section 835 , recommended denial of your
claim . Under this state law, the City may be held liable for such an injury if (1) a
negligent or wrongful act or omission of our employee(s) created the dangerous
condition , or (2) the City had actual or constructive notice of the dangerous condition . In
this particular case , none of these scenarios occurred. There was also no construction
activity on Oasis Club Drive that may have led to the pothole forming , where we could
submit the claim to a contractor.
Please feel free to contact Carl Warren and Company at (951) 465-4551 if you
have any questions or we can further assist you.
;;;epz _
TODD HILEMAN
CITY MANAGER
cc : Robert Hargreaves , City Attorney
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Tim Varon , Carl Warren & Company , LLC .
William Rice, Carl Warren & Company , LLC .
Stephen Y . Aryan , Risk Manager