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HomeMy WebLinkAbout2021-12- RE_ Claim Against the City No. 858-PISARCZYK, WALTER - CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION.pdfFrom:Kevin Borgen To:Steve Aryan Cc:Cora Gaugush; Alex Mellor; Barbara Thorpe; Chris Kustra; Jennie Grover; Laurie Stroud; Mike Gibbs; Tim Mahoney; Varon, Tim; Karen Hernandez Subject:RE: Claim Against the City No. 858-PISARCZYK, WALTER - CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION Date:Friday, December 10, 2021 8:20:07 AM Attachments:image006.png Steve, I included below a proposed response to Mr. Pisarczyk, which I hope would convey to him: (a) the City cares about his safety and disability access concerns; and (b) he should not expect further discussion with any City personnel will result in a settlement payout. Thank you, Cora and Laurie, for so quickly getting us information and documentation about Mr. Pisarczyk’s claim. If anyone has any question or comment, in addition to e-mail, please feel free to call me on my cell phone (760-415-2288). Dear Mr. Pisarczyk, After becoming aware of your accident involving a tree branch at Freedom Park and your concern the tree branch was a hazard and may have posed an access barrier for some disabled individuals, the City of Palm Desert did remove the branch. I appreciate that you brought this matter to the City’s attention. The City of Palm Desert is committed to serving all members of the community and has been working to ensure the entire community, including particularly individuals with disabilities, can safely access all City facilities. This is an ongoing City effort, so it is helpful to receive input like yours regarding both safety concerns and disability access concerns. As you may already know, the City of Palm Desert website contains links for the “Palm Desert In Touch” mobile and online service request form through which safety and other issues may be reported to directly to the City. The City of Palm Desert website also has an Americans with Disabilities Act page through which the City seeks public input on disability access issues and provides a “Request for Accommodation or Barrier Removal” form. Certain legal matters are handled for the City of Palm Desert by the California Joint Powers Insurance Authority (“CJPIA”), the CJPIA’s claims administrator (Carl Warren & Company, LLC), or legal counsel. In those situations, City personnel are asked to leave it to Carl Warren personnel or legal counsel to handle all communications regarding legal claims or potential legal claims. My understanding is that Tim Varon and Laurie Stroud of Carl Warren have both been in contact with you about the government claim you submitted to the City of Palm Desert. While I am not at liberty to discuss any legal claim, I do want to make sure you understand the City of Palm Desert values your input and did address the tree branch concern you raised. If you have any concern about the City of Palm Desert’s service or facilities in the future, I encourage you to let us know. Sincerely, Stephen Y. Aryan GIBBS & FUERST LLP Kevin Borgen, Esq. 2247 SAN DIEGO AVE., SUITE 137 SAN DIEGO, CALIFORNIA 92110 TELEPHONE (619) 702-3505 FACSIMILE (619) 702-1547 The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. Important Message to Our Valued Clients & Co-Litigants ~ pursuant to the recommendations made statewide by the CDC in response to COVID-19, our office hours may vary and staff members may be working remotely until further notice. Please send your email to the staff member you would regularly communicate with, and addition, copy jpadgett@gibbsandfuerst.com with your email. This is a requirement firm-wide or electronic service will be considered invalid. Thank you for your patience during this time, and stay well!