HomeMy WebLinkAbout2022-12-15 Diekmann, Maria Dolores.pdf1
Gloria Sanchez
From:Tim Varon <TVaron@carlwarren.com>
Sent:Tuesday, February 21, 2023 1:36 PM
To:William Rice
Cc:Andrea Staehle; Amber Molina; Gloria Sanchez
Subject:RE: Maria Diekmann DOL 07/28/2022 Claim 3041197
To help protect yMicrosoft Office pautomatic downlopicture from the
Hi Bill,
I agree, this is a no liability claim. As Carl Warren and Company sends out notices on the City’s behalf, go ahead and
formally reject the claim and send a copy of the rejection notice to the City.
Thanks!
Tim
Tim Varon | Claims Supervisor
TVaron@carlwarren.com
Tel: (951) 465-4551 | Fax: (866) 254-4423
CA Entity License No: 2607296
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.
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facsimile until confirmed in writing by an authorized representative of this office. We accept no
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check this email (including any attachments) for viruses.
From: William Rice <WRice@carlwarren.com>
Sent: Tuesday, February 21, 2023 8:44 AM
To: Tim Varon <TVaron@carlwarren.com>
Cc: Andrea Staehle <astaehle@cityofpalmdesert.org>; Amber Molina <amolinanunez@cityofpalmdesert.org>;
2
gsanchez@cityofpalmdesert.org
Subject: Re: Maria Diekmann DOL 07/28/2022 Claim 3041197
Tim,
DIARY REVIEW – Rejection Request
Event: This is a property damage claim that was submitted by the claimant for plumbing damages that were caused by
construction activities from an adjacent project. The claimant alleges that the contractor hit her water line which caused a
water pressure surge in her residence. The claimant also reports that the City hired Lennar Construction as the contractor
to work on a new residential development in the area.
Statute of Limitations: 07/28/2023
Action plan items from last review and status: The City Planning Department has confirmed that Lennar Homes of California
is the Developer which is a private home builder that has received approvals to construct the remaining 132 single family
homes within the partially developed Dolce community (Tract Map No. 31071). The development is privately funded, with
no public funds from the City provided to the Developer nor any contracted services awarded to the Developer. For
reference: the Claimant’s address is 73474 Travers Street which is next to Lot 88 of Tract Map No. 31071. Lot 88 through
Lot 99 are vacant lots within the north side of Travers Street.
Coverage: Confirmed under the MOC.
Liability Review: I view this as a case of no liability on the part of the City as they do not have control of the of the
construction project that is held with a private developer.
Damages Review – Property Damage: The claimant has provided her repair invoices in the amount of $1,700.00 for the
replacement of her pressure regulator and plumbing repairs.
Bodily Injury: Alleged Injuries: None
Submitted Medical Bills: None
Considered: N/A
Residuals: N/A
Loss of Earnings Alleged: None
Reserve Review: $1,700.00 Appears adequate based on current available information and client protocol.
Updated Action Plan:
1. I request rejection of the claim.
2. Await any action by claimant.
3. Evaluate for liability and exposure to recommend further handling and monitor the file for the Statute of
Limitations.
Subrogation Referral: N/A
William Rice | Claims Examiner
WRice@carlwarren.com
Tel: (657) 622-4319 | Fax: (866) 254-4423
CA Entity License No: 2607296
PO Box 2411, Tustin, CA, 92781
Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received.
1
Gloria Sanchez
From:Rosie Lua
Sent:Tuesday, January 3, 2023 5:45 PM
To:Mariana Rios; Richard Cannone
Cc:Amber Molina
Subject:RE: Maria D. Diekmann DOL 07/28/2022 Claim 3041197
Attachments:MISC 21-0025 - Dolce.pdf
Mariana,
For clarification purposes, Lennar Homes of California (Developer), is a private home builder that has received approvals
to construct the remaining 132 single family homes within the partially developed Dolce community (Tract Map No.
31071). The development is privately funded, with no public funds from the City provided to the Developer nor any
contracted services awarded to the Developer.
For reference: the Claimant’s address is 73474 Travers Street which is next to Lot 88 of Tract Map No. 31071. Lot 88
through Lot 99 are vacant lots within the north side of Travers Street.
Entitlement Approvals:
Architectural Review Commission Agenda for September 28, 2021:
https://cityofpalmdesert.granicus.com/GeneratedAgendaViewer.php?view_id=6&clip_id=651
Please let me know if you need additional information.
Rosie Lua
Deputy Director of Dev Services
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
760.776.6480
rlua@cityofpalmdesert.org
www.cityofpalmdesert.org
.
From: Rosie Lua
Sent: Tuesday, January 3, 2023 3:12 PM
To: Mariana Rios <mrios@cityofpalmdesert.org>; Richard Cannone <rcannone@cityofpalmdesert.org>
Cc: Amber Molina <amolina@cityofpalmdesert.org>
Subject: RE: Maria D. Diekmann DOL 07/28/2022 Claim 3041197
Mariana, I’m not familiar with the specifics of the claim. Lennar is a private developer constructing homes at 2 sites
within our city. Can you forward the claim?
2
From: Mariana Rios <mrios@cityofpalmdesert.org>
Sent: Tuesday, January 3, 2023 2:19 PM
To: Rosie Lua <rlua@cityofpalmdesert.org>; Richard Cannone <rcannone@cityofpalmdesert.org>
Cc: Amber Molina <amolina@cityofpalmdesert.org>
Subject: FW: Maria D. Diekmann DOL 07/28/2022 Claim 3041197
Hi Rosie/Richard,
Please see email below. Do we have anything we could give the claim adjusters?
Mariana Rios
Management Analyst
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
760.776.6448
mrios@cityofpalmdesert.org
www.cityofpalmdesert.org
.
From: William Rice <WRice@carlwarren.com>
Sent: Tuesday, December 20, 2022 9:05 AM
To: Andrea Staehle <astaehle@cityofpalmdesert.org>; Mariana Rios <mrios@cityofpalmdesert.org>; Amber Molina
<amolina@cityofpalmdesert.org>
Subject: Re: Maria D. Diekmann DOL 07/28/2022 Claim 3041197
Andrea, Mariana & Amber,
The investigation and handling of this claim has been assigned to me.
The claimant reports that Lennar Construction is involved in this matter.
Was the project at this location contracted out?
If so, please provide the name of the contractor, a copy of the contract, the contractor’s liability insurance certificate, and
the endorsement naming the City as an additional insured under the contractor’s liability insurance policy.
If the project was not contracted out, please provide us with a copy of any photos or reports prepared by staff and have
staff comment on the allegations in the claim.
Thank you.
William L. Rice
William Rice | Claims Examiner
Carl Warren & Company, LLC | A Venbrook Company
PO Box 2411, Tustin, CA 92781
Office: (657) 622-4319 | Fax: (866) 254-4423
Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received.
3
Important Notice: This e-mail (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 e-mail 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, e-mail, 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 e-
mail. It is your responsibility to check this e-mail (including any attachments) for viruses.
ARCHITECTURAL REVIEW COMMISSION
NOTICE OF ACTION
October 7, 2021
Lennar Homes of California, Inc
980 Montecito Drive #302
Corona, CA 92879
Subject: Consideration to approve a request from Lennar Homes of California, Inc., for
architecture and landscape of the remaining 132 single-family homes within the Dolce
project.
The Architectural Review Commission of the City of Palm Desert considered your request and
took the following action at its meeting of September 28, 2021:
By Minute Motion, the Architectural Review Commission approved Case No. MISC 21-
0025 subject to the following: 1) Applicant will work with staff on landscaping plan. The
motion carried by a 6-0 vote with Commissioner McAuliffe ABSENT.
Any appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert
within 15 days of the date of the decision.
If you have any questions, please contact Associate Planner Kevin Swartz at (760) 346-0611,
Extension 485 or kswartz@cityofpalmdesert.org.
Sincerely,
ROSIE LUA, SECRETARY
ARCHITECTURAL REVIEW COMMISSION
cc: File
PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
December 20, 2022
Maria Dolores Diekmann
73474 Travers St.
Palm Desert, CA 92211
RE: Claimant : Maria Dolores Diekmann
Date of Loss : 7/28/22
Claim Filing Date : 12/14/22
Our File Number : 3041197 WRV
Carl Warren & Company is the claims management company for the City of Palm Desert. The
above-captioned claim has been assigned to William Rice for handling. Mr. Rice may be
reached at 657-622-4319.
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:Mariana Rios
1
Gloria Sanchez
From:William Rice <WRice@carlwarren.com>
Sent:Tuesday, December 20, 2022 9:05 AM
To:Andrea Staehle; Mariana Rios; Amber Molina
Subject:Re: Maria D. Diekmann DOL 07/28/2022 Claim 3041197
Andrea, Mariana & Amber,
The investigation and handling of this claim has been assigned to me.
The claimant reports that Lennar Construction is involved in this matter.
Was the project at this location contracted out?
If so, please provide the name of the contractor, a copy of the contract, the contractor’s liability insurance certificate, and
the endorsement naming the City as an additional insured under the contractor’s liability insurance policy.
If the project was not contracted out, please provide us with a copy of any photos or reports prepared by staff and have
staff comment on the allegations in the claim.
Thank you.
William L. Rice
William Rice | Claims Examiner
Carl Warren & Company, LLC | A Venbrook Company
PO Box 2411, Tustin, CA 92781
Office: (657) 622-4319 | Fax: (866) 254-4423
Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received.
Important Notice: This e-mail (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 e-mail 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, e-mail, 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 e-
mail. It is your responsibility to check this e-mail (including any attachments) for viruses.
TO:
CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY,
COPY:
ASSISTANT CITY MANAGER, HUMAN RESOURCES MANAGER, AND
CITY CLERK.
FROM:
MARIANA RIOS, MANAGEMENT ANALYST
DATE:
12/15/2022
SUBJECT: CLAIM NO. – 891 MARIA DOLORES DIEKMANN
The attached Claim No. is being transmitted to you for the following:
Information only.
or
Please review and provide any recommendation you may have to the Risk
X Manager, concerning any action required by the City of Palm Desert.
We would appreciate your report, if requested, by January 28, 2023, for timely response
to the Claimant.
Note: At your earliest convenience, please let me know if you have any information
related to the incident giving rise to this Claim so that I may forward it to the City’s
thirdparty Claims Adjusters, Carl Warren & Company.
___________________
MARIANA RIOS
MANAGEMENT ANALYST
Attachment (as noted)
C I T Y O F P A L M D E S E R T
73 - 510 F RED W ARING D RIVE
P ALM D ESERT , C ALIFORNIA 92260-2578
T EL : 760 346-0611
I NFO @ PALM - DESERT . ORG