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Home My WebLink AboutClaim #655 - Edith Slater CITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#655) BY EDITH SLATER IN THE AMOUNT OF $1,500,000 SUBMITTED BY: Rachelle Klassen, City Clerk DATE: January 14, 2010 CONTENTS: • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 655 Recommendation By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. Background Based on a review of the subject Claim and the recommendation of the Claims Adjuster, Risk Manager, City Attorney, and staff, it is recommended that the Claim be rejected. Discussion of this item should be held in Closed Session pursuant to Government Code Section 54956.9(b), potential litigation. Fiscal Analysis City of Palm Desert participates in the self-insurance pool of the California Joint Powers Insurance Authority (CJPIA). Action to reject the subject Claim does not have a fiscal impact on the City at this time. Submitted by: pr d: �� Rac elle D. Klassen, CM , City Clerk John M. Wohlmuth, City Manager rdk CtTY COUNCILACTION Attachments (as noted) APPROVED .�.,.,+�_.....�..DENIF,D RECEIVED OTHER MEETI G DATE �"� - �� r AYES: r� s �l e e �I�Cr�% NOES: �� _ ABSENT: ��'��- _�__.. AI3STAIN: � �'n�- _�_.__...__ VF.RIFIF,U I3Y: �- r-C�- __.�_�.�_ Original on File with City Cler7c's Oftice � • .%t i Vr (� . .��._1 I�V�L '�.I-\ � � l�r/� �oa9 aEc � � a� i i= i t� December 10, 2009 TO: The City of Palm Desert ATTENTION: Rachelle D.Klassen, C ity Clerk RE: Claim : Slater vs. The City of Palm Desert Claimant . Edith S later D/Event : 6/6/2009 Rec'd Y/Office : 12/4/2009 Our File : 5-1514635-PMQ We have received and reviewed the above claim and request that you take the action indicated below: CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. I f you have any questions please contact the undersig ned. Very truly yours, CARL WARREN & COMPANY l' r � ' ard D. M arque cc: CJPIA w/enc. Attn.: Executive Director CARL WA�.REN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS GppyTO .� • � �%��l 770 Placentia Avenue,Placentia,CA 92870-6832 � Mail:P.O.Box 25180•Santa Ana,Ca 92799-5180 l � Phone:(714)572-5200 •(800)572-6900•Fax:(714)961-8131 � l n��E�- i�-��c�� • ; . , � , �c .�=. , , ;'� December 15,2009 2009 DEC I 6 A� 10� S�:� GOVERNMENTAL ENTITY PRELIMINARY REPORT TO: Carl Warren & Company PO Box 25180 ��'''� Santa Ana, CA 92799-5180 �� , Principal: CJPIA Our File: 1514635PMQ �,�� City: Palm Desert Date of Loss: 6-6-09 � 4F Claimant: Edith Slater Date Received: 12-10-09 �;' Facts: The claimant(age 80) is a tenant in an apartm ent owned by Palm Desert Redevelopment Agency. The claim alleges that scalding hot shower water burned the claim ant causing her to fall. Claim alleges that RPM Apartment Management Services had prior notice of faulty water valve. Government Code Requirements: a) Date Verified Claim Filed: 12-4-09 b' Action by Public Entity: City to reject claim. c) Statute of Limitations: 6 months from rejection notice. Possible Co-Defendants: RPM Co. Aparhnent Management Services, manages the apartment complex for the Redevelopm ent Agency. Their contract requires protection ag ainst the C ity/Agency. Liabilitv• We do not see liability on the city, RPM will have to investig ate and evaluate liability . Claim: Reserve• 1) LBI—Edith Slater Open Comment/Work to be Comnleted: Do to the tender to RPM by the city; we will take no further investig ative action. In 30 days determine RPM response to tender, if tender accepted close file. Our further report will follow shortly . Very Truly Yours, CARL WARREN & CO. Pete McNulty cc: City of Palm Desert Attn. Rachelle Klassen cc: CJPIA - Attn.: Executive Director CARL WARREN & CO. � An EmpCoyee-OwnedCompany COPY TO � t��f CLAIMS MANAGEMENT . CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870-6832 � " � � � Mail: P.O. Box 25180, Santa Ana, CA 92799-5180 QATE �O?_�� G� � Phone: (714)572-5200 . (800)572-6900. Fax: (714)961-8131 - �a � � � � 1 � �+ g }( � � � � ��( L � y�. � � � ��},� �� '. ` `'� 73-5�0 FRED WARING DRIVE _ PALM DESERT, CALIFORNIA 922fi0-257$ TEL: �60 346—o6Yi � . Fnx: 760 340-0574 infoC�palm-desert.org t• TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER,� ��`f��'��, DIRECTOR OF HOUSING, RISK MANAGER FROM: CITY �LERK DATE: DECEMBER 8, 2009 SUBJECT: CLAIM N ° ,- CLAIM AGAINST THE CITY BY EDITH SLATER IN THE AMOUNT �F��$�1,500,000 � � The attached C�aim No. 655 is being transmitted to you for the following: ❑ Information only. . or _ ..�,.. � "� _ :�to the Claims Review Committee for any action � � re uired b the ' q y City of Palm Desert. We would appreciate your report, if requested, by January 8, 2010, for timely response to the Claimant. � �I��Additionally, attached to this report for your ref�rence are a copy of Contract No. HA28380 with RPM Company Apartment Management Services, Lodi, California, for "Property Management Services" and the related Certificate of Insurance and Endorsements. � � L/ G�� i �� RACHELLE D. KLASSEN, CMC �i . CITY CLERK � Attachments (as noted) �:�� ,' � • � Klassen, Rachelle From: Rosenblum, Gary Sent: Friday, December 18, 2009 10:05 AM To: Marque, Richard Cc: Klassen, Rachelle Subject: FW: Edith Slater Attachments: Executed Tender of Cfaim.PDF; Receipt of Tender of Claim Letter.PDF Richard, The Palm Desert Redevelopment Agency is in receipt of the executed Notice of Claim and Tender of Claim from RPM Company see attached. Cj�r� �as�err��i�m Risk Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 760-346-0611 x318 760-272-6358 cell 760-340-0574 fax grosenblum(a�citvofpalmdesert ora The preceding e-mafl message(including any attachments)contains information that may be confidential,protected by app!lcable lega/privlleges,or constitute non-public informa6on.It is intended to be conveyed on/y to the designated recipient(s).If you are not an intended recipient of this message,p/ease notify the sender by replying fo this message and then delete it from your system.Use,dissemination,distrlbution or reproduction of this message by unintended recipients is not authorized and may be un/awful. 1 � • � Klassen, Rachelle From: Leon, Patty Sent: Friday, December 18, 2009 9:39 AM To: Saskia T. Asamura; Rosenblum, Gary; Klassen, Rachelle Cc: Moore, Janet Subject: Edith Slater Attachments: Executed Tender of Claim.PDF; Receipt of Tender of Claim Letter.PDF The Agency is in receipt of the executed Notice of Claim and Tender of Claim from RPM Company see attached. Thank you. Patt� Leon .�fousing �echnician City of PaCm Desert 73-Slo ,�'red�l�Varing Drive PaCm Desert, C.�l g226o �760� 346-0611, Ext. 349 1 . . • PRI�i aE� �R� �EDEV�I� Pf� �� 1 ��CY ;`,, ��X ` 4 ,�,� 73-5�a �2ED WARiNG DR]VE M1 �s PALM DLSERT, Cni.tFo�tr�tn gZz6o—z57g T�L: �60 346—o6ir , F�vc: 76o 34�-6372 info@palm-deser�.o� , � VIA FEDERAL EXPESS�& REGUI.AR U.S. MAIL � December 9, 2009 g � � RPM Campany Apartmen# Management Services 142Q S. Mills, Suite M L.odi, California 95242 At#ention: Mr. Donnie Garibaldi Re: NOTICE OF CLAIM AND TENDER OF CLAIM EDITH SLA7ER v. RPM COMPANY One Quail Place #607 Letter from Leonard Martinet, Law Offices dated October 1 S, 2009 � Dear Mr. Garibaldi: The Palm Desert Redevelopment Agency {"Agency") has received the abave- referenced claim from Ms. Edith Slater as wel! correspondence from the Leonard Martinet, law office, (copy attached). The letter advises RPM Company that the Leonard Martine# law firm is representing Ms. Slater in connectian with physical injuries she sustained on June 6, 2009, as a result of the alfeged negligence of the management of the complex. The purpose of this letter is to put RPM Company Apartment Management Services ("RPM"} on notice of this claim. It is not presently known whether Ms. Slater intends to narne the Agency, City and/or Housing Authfl�ity in any lawsuit arising out this matter. In the event that she does, we further demand that RPM dafend and indemnify the Agency, City and Housing Authority and their employees in connection with any claim or complaint that may be filed by Ms. Slater in connection wi#h the above- refierenced incident. This demand is made pursuant to Pa�agraph 24 of Contract No. HA28380 between the Palm Des�rt Hausing Authority and RPM, . � � RPM Company Apartment Management Services Decernber 9, 2009 Page 2 of 2 We ask that you (or RPM's legal counsel) coordinate with this office and with our legal counsel, Saskia Asamura of Richards, Watson & Gershon, in connection with this matter. Please acknowledge RPM's acceptance of this tender of defense and indemnification by counter-sig�ing below. Very;truly yours, , usti McCarthy Assi ant City ager osure cc: Janet Moore, Director of Housing � Rachelte Klassen, City Clerk Gary Rasenblum, Risk Manager Saskia Asamura, Esq. RPM Company Apartment Management Services hereby agrees to defend and indemnify the Palm Desert Redeve(opment Agency/City/Housing Authority in connection with the above-referenced claims and/or lawsuit by Edith Slater. Dated �2{ I 1 �D�? � M�c �3t�c.lat Na e (print) (�1 % Title � � Signature P8L1� OESERI RE�EVEIDP�IENi aGENCY G:�rdalPatty LeonVNiMUMM-PL1Edilh 5laterlRPM Company Tender Claim l..etter-3later_doc n �a M��eeM�«,«„��. . � � 1r CORP. OFFlCE ' RPMSCOhPANY400 ' . �� 1420 S. MILLS pV�. SUITE M LT� 3 OF 1 i'his envelo � �n LODI Cq 95242 Pe iS fOl USQ with the following serviceac '� 5HIP T0: � (.t�FS .td��:t P�� , :,: PATTY LEO►V '� �F� 1' (760) 346-0611 �'�=' '�';�r,r��f�tJ�� .r�;��,.,�,,,.. � . Jrii CITY OF PALM dESEit7 �7 � .;:;��1 ��'.�' �"�r` 73-510 F�t�p WqRYNG ROqD se, 1��Ltr1 b�SERT CA 5r�260—,�,'�'iZ �o not u�e this envelope for: Nei � "4 t1P5 Grotied, . . ` UPS Stantlard �e/ � U�'S 3 Da '> ' • • �» y Sefect� p p� " }�►� '��.�m �q � ;.. . _ UPS Worldwide ExPeditedm on •r� ti �� /'f� �� .. • s� (/1 ,�� p > • �/ � .¢�. ��{� • ��7�i�}� ��i,��>iry� si►:�c►�i;a�a7�i �r� tlri;: �.i,1i,, � �+;��,��,��, , "�arwrwrw..�w�,�.r�,,,,+�� , ��o- UPS �-�..� �,�.�x,w _ �ND DA:Y p IR .,.:,..�. �•.�... "� TkACKING it: 12 �7� 92R 02 4220 4359 ' � 'iri ( . ._._.. n,sii� � ' ,. -�.; ,, ; _. ,_, , ! � t '��Q BILLI """w°+�wr,w,.,F:,w,....�t��., `j{� . �� NC: P/p ww�w�rena�,�w,,.,,ar,,nw�,+ar�rrr�ner�rr� ` , .. , ':4�Jti ' ° ,� I'15'�. fk �f., a r y A �.'� f�-. 'ry ` (�` �:r�,� 7 REF . . `z 9 � t=� � , � B x ' �' t REF 2:� ;d�w��,_; ;' ! ��` � �� ,. �- � �� • ws is i.is' uz�az � � "y"'�^�'-.,,,-„ » as.eH �aizmms ��.c�1lY11u � w. ��- "r ■�»,� ,�� • � � .. . . ._ ��T.��«s+7��r _ `"�R CITY OF PALM DESERT `'' ��` ASSIGNED CLAIM N0.�,��, CLAIM AGAINST THE CITY OF PALM DESER? ��•-� � ��'�� '� (For Damage(s) to Person(s) or Personal Prope , �(��D�C -4 AM 9= 2Q � � � Received b via: U.S. Mail � Interoffice Mail Over-the-Counter `�� : A CLAIM MUST BE FILED WITH THE CITY CLERK OF THE CITY OF PALM DESERT WITHIIV SIX MONTHS AFTER WHICH THE INCIDENT OR EYENT OCCURRED. BE SURE YOUR CLAIM LS AGAINST THE CITY OF PALM DESERT, NOT ANOTHER PUBLIG ENTITY. WHERE SPACE LS INSUFFICIENT, PLEASE USE ADDITIONAL PAPER AND IDENTIFY INFORMATION By PARAGRAPH NUMBER. COMPLETED CLAIMS MUST BE MAILED OR DELIVERED TO THE CITY GLERK Cri'Y OF PALM DESERT 73-510 FRED WARING DRIVE PAI.M DESERT CA 92260. TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Palm Desert, California: The undersigned respectfully submit(s) the following claim and informatlon relative to damage(s) to person(s) and/or personal property: . 1. CLAIMANT INFORMATION: • NAME C:�i%�7� �i�� ADDRESS� _ - _" - -- -- :, PHONE NO. - DATE OF BIRTHc �--,---'---�"'- ^ ^ SOCIAL SECuRITY NO. __�'-- � DRIVER'S i��.civ�t Nv. �� - 2. Name, telephone number and post office address to which daimant desires notices to be sent, if other.than above: ' � . �v�� E S S- '�. f1�,�F L C'-�n � � �cZ 3. Occurrence or event� or _v�,hich the claim arises: � � / a. DATE: . �� b. TIME: � c. PLACE (exact and specifi location �� ' -}- 'a✓ ,L � � _ d. How and under what circumstances did damage or injury oecur? Specify the particular occurrence, event, act or ommission y claim ca sed the in'ury or damage. (Use additio paper if n cessar .). - ,-� ' , l7 e. What particulac a io b the City, or its e ployee , caused the alieged mage or injury? - - ._ . .. , . - ��. Page 1 of 2 �� 55 4. Give a general description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be known at the time of presen tion of th claim. If there.wer injuries, state "no ir�' ries": ' ,,� � � i _ �, a , 5. Give the name(s) of th City emplo ee(s) c�usin the dama e or injury: ��o �� r .� � G/� � ., .,. % l� � r...� .�/�. � ..' ^` . / . �� ._K/YI-lkfYl .�j-ry ...-,y� �.-. j�,� %'_o_/j;�_�:. ; . �cL' L:.f%�� -� '�Y Y6.�4�t {� V 6. Name and a dress i�f any ther person(s) injured �L ,.�.�_`,,",� �, � � 7. Name and address o the wner of any damaged property: �a" f � f� �-�% �Z.��c, 7�--Sic� ; � . 8. Damages claimed: a. Amo�nt claimed as of this date: $ �, �DU, ��C�_ a v b. Estimated amount of future costs: $ '7� � G �� c. Total amount claimed: $� ,� � ��.� � � d. Basis for computation of amo n .�claimed inciud pies of all bills, invoices, estimateS, tC ): " — - - y�- 1 �. � ',�. 9. Names and addres�,s of all witnesses, hospitats, doctors, etc.: �:- _. — �, !�' . / _. _, --_ ; . __. , : , � � ti.(' . > . . % 10. Any additional informa ' n, 'ncluding lic repprts, whi�h might e elpful in considering this claim: _ ;� ; �� . �Q - � ``" ' � 4 7 i F� WARNING:IT LS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! PENAL CODE 72; INSURANCE CODE 556.1). I have read the matters and statements made in the above claim, and I know the same to be true of my own knowled$�, except as to those matters stated upon information or beiief as to such matters I believe the saqfie� to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT.. � Signed this�day of ,20`, at i � SI N F IMAI SIGNATURE OF CLAIMAN Office of the Ci y Clerk, Palm Desert, California DOC. NO. DATE FILED . Page 2 of 2 �___ _ .__ � LEONARD MARTINET 455 East Laurel Cir. • Palm Springs, Ca. 92262 760-416-3117 760-992-5147(fax) Fax: 909-944-3299 RPM Company 3333 Concours Blvd. #7101 Ontario, Ca.91764 October 15, 2009 Attn: Teresa Vakeli Re: Tenant: Edith Slater One Quail Place, Palm Desert, Ca. 92260 Date of Accident: June 6, 2009 Dear Ms. Vakeli, Please be advised that this office is representing Edith Slater, who was severely scolded by the hot water in her shower, as a result of a faulty valve, on the grounds of your apartment complex. As a result of the defect valve, she fell and cracked a bone in her hip and received other physical and emotional injuries. Many of the other tenants had previously complained about the broken valve and that they had been burned as a result of the negligence of the management of the complex. Mrs. Slater is undergoing extensive medical treatment and care from her injuries. Mrs. Slater is 80 years old and the negligence of your company employees, amounts to a disgraceful and despicable act of Elder Abuse. The deplorable condition of the plumbing and other facilities in the apartment complex, should be brought to the appropriate city building and safety departments, for an immediate examination of the entire complex. Many of the tenants are elderly and rely on the safety of the common area's and facilities, as part of their tenancy. Please contact the undersigned to discuss this serious matter, at your very earliest convenience. �� ,. ,, Sincerel `---- ._ , ''" ��;--:a �. Y► ;_I f -" � . _ � Y � �fG��J,r i , . _ �l.ec�rd:--Ma�tinet, Esq. `�!