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Home My WebLink AboutClaim #707 - F. N. TanuvasaCITY OF PALM DESERT lax, CITY CLERK DEPARTMENT STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#707) BY THE ESTATE OF FRANK NERO TANUVASA IN AN AMOUNT IN EXCESS OF $25,000 SUBMITTED BY: Rachelle Klassen, City Clerk DATE: June 14, 2012 CONTENTS: • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 707 Recommendation By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimants. 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: rd k Attachments (as noted) M. \Wo hlmuth, City Manager I Y COUNCIL ACTION PROVED ✓ DENiED RECEIVED OTHER MEETING DATE AYES: El i c� S�'�^ NoEs: �h'rie- A13SENT: 6 c.rl Al3STAlN: VERIFIED BY - �rr� Original Original on File with City Clerk's Office RECEIVED 0 CITY CLERK'S OFFICE PALM DESERT. CA 2912 MAY 22 PM 12: 17 (AIIL, !k'AIMEN & COINIP1NY May 17, 2012 TO: The City of Palm Desert ATTENTION: Rachelle D.Klassen, City Clerk RE: Claim Tanuvasa (Heirs of) vs. The City of Palm Desert Claimant Frank Tanuvasa (Heirs of) D/Event 2/23/2012 Rec'd Y/Office 5/14/2012 Our File S-1744148-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. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY gRicha.arque cc: CJPIA w/enc. Attn.: Executive Director CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, California 92260 Tel: (760) 346-0611 - Fax: (760) 340-0574 info@cityofpalmdesert.org LIABILITY CLAIM ADMINISTRATION FORM (Per P.D.M.C. Chapter 3.14 - Disputed Claims and Demands) The Claim filed against the City by Tanuvasa (Heirs of) in the amount of in excess of $25,000 (not to exceed $5,000 by Corporations, Partnerships, Governmental Entities, or Other Legal Entities; up to $7,500for an individual) was filed on May 14, 2012. ❑ Settle Claim in the amount of $ ❑ Reject Claim. Er Adjudicate Claim according to Insurance Recommendation. ❑ Adjudicate Claim in another manner (Please specify): Recommer)dgtion by; j J Stephen YAryar Approval: - Risk Manager John M. Wohlmuth, City Manager Concur: David J. Erwin, City Attorney cc: Claim File - City Clerk Stephen Y. Aryan, Risk Manager May 23, 2012 Date Date Date 8 November 2011 GACityMgr1Stephen AryanlRisk Management -Claim FormsViability claim admin form -City Wok. wpd CITY Of P 0 1 M 73-5 t o taro WAatNG DRIVE PALM DI?SUMT, CALIFORNIA 9_>26o-2578 TEL: 760 346-o6i i if) iAl"cityufpalnulcsert.urg TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, CHIEF OF POLICE, RISK MANAGER FROM: CITY CLERK DATE: MAY 14, 2012 SUBJECT: CLAIM NO. 707 - CLAIM AGAINST THE CITY BY THE ESTATE OF FRANK NERO TANUVASA IN AN AMOUNT IN EXCESS OF $25,000 The attached Claim No. 707 is being transmitted to you for the following: ❑ Information only. or Review and recommendation to the Claims Review Committee for any action required by the City of Palm Desert. We would appreciate your report, if requested, by June 14, 2012, for timely response to the Claimant. Note: Attached to this report are: 1) Copy of Contract No. C31110 between the City of Palm Desert and the County of Riverside - "Agreement for Law Enforcement Services;" 2) copies of newspaper articles published in relation to the incident giving rise to the subject Claim. j- RACHELLE D. KLASSEN, MMC CITY CLERK Attachments (as noted) # PAIX7I00N AHMED PAPER Klassen, Rachelle Subject: FW: Claim Against City of Palm Desert by Estate of Frank Nero Tanuvasa(City Claim #707) -----Original Message ---- From: Kevin Vest[mailto:kvest(@riversidesheriff.org] Sent: Tuesday, May 15, 2012 3:32 PM To: Klassen, Rachelle; Aryan, Steve Cc: William Sullivan Subject: Re: Claim Against City of Palm Desert by Estate of Frank Nero Tanuvasa(City Claim #707) Rachelle, Thanks for this. Please deny or process as you normally would for a claim against us served on you. I have forwarded this to our Professional Standards Bureau as I am sure they will be served next. Capt. Kevin Vest Palm Desert Station 760-836-1662 CITY OF PALM DESERT ASSIGNED CLAlM N0. -10 . RECEIVED �-�- CITY DESERT. CA OFFICE REX LAMONT BUTLER AND ASSOCIATES, INC. PALM ATTORNEYS AND COUNSELORS AT LAW 2012 MAY 14 PM 2; 26 745 WEST FOURTH AVENUE, SUITE 300 TEL: (907) 272-1497 ANCHORAGE, ALASKA 99501 FAX: (907) 276-3306 City Clerk City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 Dear City Clerk, May 10, 2012 Via Certified Mail No. 7010 0290 0002 9144 1770 Enclosed please find our Claim Against the City of Palm Desert dated May 9, 2012. This office represents the family and estate of Frank Nero Tanuvasa in connection with Mr. Tanuvasa's death on or about February 23, 2012. Per our understanding, California Government Code and your Municipal Code require that any lawsuit seeking damages for injury or death brought against a public entity be preceded by a government tort claim such as this. Thank you for your attention to this matter, and feel free to call with any questions. We look forward to your response within 45 days of the fling of this Claim. Sincerely yours, �1 David E. George, s . � JE/je PERSONAL INJURY CRIMINAL DEFENSE LITIGATION MILITARY MATTERS APPEALS CITY OF PALM DESERT ASSIGNED CLAIM NO., CLAIM AGAINST THE CITY OF PALM DESERT �----- (For Damage(s) to Person(s) or Personal Property) Received by: via: U.S. Mail Interoffice Mail Over -the -Counter A CLAIM MUST BE FILED WITH THE CITY CLERK OF THE CITY OF PALM DESERT WITHIN SIX MONTHS AFTER WHICH THE INCIDENT OR EVENT OCCURRED. BE SURE YOUR CLAIM IS AGAINST THE CITY OF PALM DESERT, NOT ANOTHER PUBLIC ENTITY. WHERE SPACE IS INSUFFICIENT, PLEASE USE ADDITIONAL PAPER AND IDENTIFY INFORMATION BY PARAGRAPH NUMBER. COMPLETED CLAIMS MUST BE MAILED OR DELIVERED TO THE CITY CLERK, CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT CA 92260. TO THE HONORABLE MAYOR AND CITY COUNCIL, City of Palm Desert, California: The undersigned respectfully submit(s) the following claim and information relative to damage(s) to person(s) and/or personal property: CLAIMANT INFORMATION: NAME: Maliakoleti and Nero Tanuvasa, individually and Nero Tanuvasa as personal representative of the Estate of Frank Nero Tanuvasa. ADDRESS: PHONE NO.: DATE OF BIRTH: SOCIAL SECURITY NO: Frank Nero Tanuvasa: DRIVER'S LICENSE NO: . Name, telephone number and post office address to which claimant desires notices to be sent, if other than above: 2. Nero Tanuvasa c/o REX LAMONT BUTLER & ASSOCIATES, INC. 745 W. FOURTH AVE., STE 300 ANCHORAGE, AK 99501 907-272-1497 3. Occurrence or event from which the claim arises: a. DATE: 2/23/12 b. TIME: approx. 12:40AM c. PLACE (exact and specific location!) area of 77800 block of Michigan Drive, Palm Desert, California, 92211 d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage. Page 1 of 3 cj-4'A1NM No.-707 The arresting officer used excessive force in stopping and/or arresting the decedent, Frank Nero Tanuvasa. e. What particular action by the City, or its employees, caused the alleged damage or injury? The decedent, Frank Nero Tanuvasa, was shot and killed by a Riverside County Sheriff Department officer. The Riverside County Sheriff Department is under contract with the city of Palm Desert. 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 presentation of the claim. If there were no injuries, state "no injuries": Death. Pain and suffering, loss of consortium, loss of income etc. 5. Give the name(s) of the City employee(s) causing the damage or injury: Not known at this time. 6. Name and address of any other person(s) injured: Not known at this time. 7. Name and address of the owner of any damaged property: N/A 8. Damages claimed: a. Amount claimed as of this date: $ 20,483.47 b. Estimated amount of future costs: $ in excess of $25,000 C. Total amount claimed: $ in excess of $25,000 d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.): a)funeral home statements, b) and c) not capable of calculation at this time. 9. Names and addresses of all witnesses, hospitals, doctors, etc: Unknown police officers and passersby, EMT personnel, medical personnel. Mr. Tanuvasa was transported to Eisenhower Medical Center, 39000 Bob Hope Drive, Rancho Mirage, CA. 10. Any additional information, including police reports, which might be helpful in considering this claim: Attached please find the County of Riverside California death certificate of Frank Nero Tanuvasa dated 3/6/12, Alaska Superior Court Letters of Administration dated 4/18/12, Akes Family Funeral Home statement dated 2/28/12, and (2) Janssen Funeral Home statements dated 3/28/12. WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (PENAL CODE 72; INSURANCE CODE 556.1). Page 2 of 3 CLAI (r1 N ro . -7 0'7 I have read the matters and statements made in the above claim, and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. Signed this 'f, day of May 2012 at Anchorage, Alaska. SIGNATURE CLAIMANT: NERO TAN VASA, Individually and as the Personal R presentative of the Estate of Frank Nero Tanuvasa Signed this day of May 2012 at Anchorage, Alaska. MALIAKOLETI TANUVASA Office of the City Clerk, Palm Desert, California DOC. NO. DATE FILED Page 3 of 3 APR 2 3 ZU1Z IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE In Re: The Estate of FRANK NERO TANUVASA 3AN-12-7 '�-1 PR LETTERS OF ADMINISTRATION The Statement of Informal Appointment of Personal Representative having been signed by the Registrar, NERO TANUVASA is appointed personal representative of the estate. 01i�1 Pi��1� 2- cr) DATE REGISTRAR ACCEPTANCE I, NERO TANUVASA accept the duties and promise to perform the duties as required by law of the office of personal representative of the estate of FRANK NERO TANUVASA. I acknowledge my duty as personal representative to: (a) take possession and control of decedent's property as required by AS 13.16.380, determine the liabilities of the estate, and complete an inventory as required by AS 13.16.365; (b) provide notice to heirs and devisees as required by AS 13.16.360, except as provided by AS 13.16.690; (c) provide notice to creditors as required by law, publish notice when required, and review and either accept or reject claims as required by AS 13.16.455-515; (d)advise the court in writing of my address and telephone number s required by Probate Rule 8; (e)file returns for state estate taxes, if required by AS 43.31.121 and AS 43.31.250; (f) pay homestead, exempt property required by AS 13.11.125-140, costs of and family allowances as administration and other I CERTIFY THAT ON COPIES OF THIS FORM WERE SENT TO 0I claims as required by AS 13.16.470, and distribute the assets of the estate; and (g)close the estate as soon as appropriate as required by AS 13.16.620-670. I will file any required bond. Date Perso al Representative NERO TANUVASA 741 N. Bunn, Unit #2 Anchorage, AK 99508 907-744-1062 THIS IS TO CERTIFY that on this 7 ay of*.J) 2012, before me appeared NERO TANUVASA, to me known and known to be the person named in and who executed the foregoing instrument, and acknowledge voluntarily signing and sealing the same. Notary Pwft JULIEEDWARDS Notary ublic in and for state of Mask` My Commission Expires Sop 8. 2015 State of Alaska at Anchor ge My Commission Expires:-----��'- c/o Rex Lamont Butler and Associates 745 W 4tn AVE Suite 300 Anchorage, AK 99501 907-272-1497 i lt�sby C :Ug i��,, co a t, osar®d OW OG ft OKGW on flea 1t fiv cam - ATTEST �C �f 1M TMd CoirKo cx By V Z- 0aputy O00 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE In Re: ) The Estate of ) FRANK NERO TANUVASA ) 1 3AN-12- 7 Cj I PR STATEMENT OF INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE IN INTESTACY [AS 13.16.1101 The Registrar makes the following findings based upon the application of NERO TANUVASA for informal appointment of a personal representative in intestacy: 1. The application appears to be complete and c� contains the applicant's oath or affirmation that the �y statements in the application are true to the best of the r4 applicant's knowledge and belief. C11) T- 01-1 The applicant is an interested person; the natural laz father of the decedent. 3. Decedent died on February 23, 2012 at the age of twenty (20) years, and at least 120 hours have elapsed since decedent's death. A certified copy of the death certificate is filed herewith. 4. Decedent was domiciled in Anchorage, Alaska at the time of death. S. Venue is proper because decedent was domiciled in this judicial district at the time of death. 6. The time for appointment of a personal representative has not expired. 7. A personal representative has not been appointed in this or any other judicial district of the state. 8. After .the exercise of reasonable diligence, the applicant is unaware of any unrevoked testamentary instrument executed by decedent relating to property having a situs in this state or any other state. I CERTIFY THAT ON V0Z COPIES OF THIS FORM WERE SENT TO CLERK 9. There is one person with an equal right to appointment under AS 13.16.65: Maliakoleti Tanuvasa, the mother of the decedent. She has signed a Consent and Waiver of Bond. �4 Ucc. 10. No bond is required because d r-Arlen � eft ne--ter. pr 11. Any notice required by the laws of this state will be given. Therefore, it is ordered that NERO TANUVASA is appointed personal representative of decedent's estate. Letters of administration will be issued upon qualification. Date T Regist r c/o Rex Lamont Butler and Associates 745 W 4th, AVE Suite 300 Anchorage, AK 99501 907-272-1497 AKES FAMILY FUNERAL HOME 9695 Magnolia Avenue, Riverside, CA 92503, Telephone (951) 785-4071 California Funeral Establishment License Number FD-1276 FINANCIAL AGREEMENT AND SERVICE AUTHORIZATION For: FRANK NERD TANUVASA Deceased REVISED 03/01/2012 Date of Arrangements: FEBRUARY 28 2012 CHARGES FOR SERVICES SELECTED Services of funeral director and staff ..................................... Embalming.......................................................................... Other preparation of the body .............................................. 185 00 AutopsyRepair.................................................................... 250.0 Refrigeration.............................................................. FACILITIES, STAFF AND EQUIPMENT Use of facilities for viewing / visitation ()................................ Use of facilities for funeral I memorial ceremony .................. Additional Attendant.............................................................. 115 00 IDViewing...................r'e's'..................................................., 75.00 Crememonial Use for Dressing ........................................... 35000 AUTOMOTIVE EQUIPMENT Transfer of deceased to funeral home ................................... Hearse..... _................................................... Res........................................... .......................................... Additional Mileage............................................................ 171,30 .................................................................................. 90.00 OTHER SERVICES, FACILITIES AND EQUIPMENT Motorcycle funeral procession escorts () ............................. TOTAL OFSERVICok$:%4jolEa:::• sl.°i f:43830 CHARGES FOR MERCHANDISE SELECTED Casket or other container. . . ........................................ .. 395.00 Name or number Oversize Combo Shipping Unit Material Wood and Fiber Board Color Outer burial container., ............ ......................... Name or number Material Color Memorial marker. .............. Name or number Material Color Cremationurn....................................................................... Name or number Material Color Acknowledgement cards ....................................................... Memorialbook ............................................... ....................... Memorial Folders......................................................... Crucifix.......................................... ...................................... Engraving ............................... TOTAL FOR. 'Mlri?CHAND18E,5EL!!4TBD r:. i ..s , $ ., 2!i&DO MINIMUM CARE CHARGES Forwarding of decease 2,291.0 To: Janssen Evergreen Memorial Chanal Receiving of deceased ......................... .... ...... ........... From: Immediate burial .......................................... DirectCremation ............................................ ....................... Res CAII...................... Standard crematorium fee using a casket TOTAL M(NIMUA AR&sss ,e D TOT RL P+�INRAC, NOyI@ EHItf�OC$ 1 „ ; '.9112 3G The only warranty on the casket and/or outer burial container sold in connection with the service is the express written warranty, if any, granted by the manufacturer. This funeral home makes no warranty, express or implied. with respect to the casket and or outer burial container. FOR MORE INFORMATION ON FUNERAL, CEMETERY, AND CREMATION MATTERS, CONTACT: DEPARTMENT OF CONSUMER AFFAIRS CEMETERY AND FUNERAL BUREAU 1625 NORTH MARKET BLVD., SUITE S•208, SACRAMENTO, CA 96834 (916)574-7870 STATEMENT OF FUNERAL GOODS AND SERVICES SELECTED Charges are only for those items that are used. If we are required by law to use any items, we will explain the reasons In writing below. If you selected a funeral which requires embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve d you selected arrangements such as direct cremation or immediate burial. If we charged for embalming, we will explain why below. Disclosures Reason for Embalming Regueted by N If any law, cemetery or crematory requirement have required the purchase of any items listed, the law or requirement is explained below. Oversize Cobonation Shooing Unit a f2r size and airline for shlPfi0n1 CASH ADVANCES — Certain Costs May So Estimated Certified copies of the death certificate ( 4 ).......................... 56.00 Permit for disposition ( Riverside) .......................................... 11.00 Re- file fee ()..................................................................... . Faxfile fee............................................................................. Cemetery -grave opening & closing charge .......................... Cemetery -memorial marker setting charge ............................ Other cemetery charges... ..................................................... Crematory charge—, ........... .................................................. Other crematory charges ...................................................... Honorarium to church ...... Bagpiper.. .................................................................. Paid newspaper obituary notice est() .................................. Coroner Fee (Riverside) .............................. 320 DCA Fee 00 Common carrier / transportation Delta AirCargo.................... 811.6 Delta Air Passenger (2)............... 3,359 73 .............................................................................................. TOTA4;¢AS, AP. ANC:.•n• ., ; ,...,: „ SUMMARY Total Funeral Home Charges ............................................. 3.922.30 Sales tax, If Applicable .................... ...................................... Total Cush Advances ................................................. . 4 ,f9. R.40 GRAND TOTAL ........... Less Discount Funeral Home Dis ............................ 1.54 0 Less Credits and Payments To Be Paid By The Family .................................................... $ 6,939 70 .......................................... ............................. I ...................... 1rt�tli`tiffldlYltrrpd F'1YtrtMiCr t, ;i Deferred payment / insurance processon fee 6% OEFi R p MIW,. A'.404'7 auk, A ACKNOWLEDGEMENT AND AGREEMENT I hereby acknowledge that I have the legal right to arrange the final services for the deceased, and I authorize this funeral establishment to Perform services, furnish goods, and incur outside charges specified on this Statement. I acknowledge that I have received, on this date, the General Price List and been offered for review and retention the Casket Price List and Outer Burial Container Price List. I also acknowledge execution and receipt of a Copy of the Disclosure of Preneed Funeral Agreement and of this Statement Discount on the casket selected of 10%................................ $ Sales tax reduction .............. $ The discount will be allowed for PAYMENT IN FULL prior to service date. FINAL DATE OF DISCOUNT Total Casket Discount/Sales Tax Reduction .......................... $ This discount / reduction represents a e Total Credits and Payments brought forward ......................... $ After March 28 2012 a FINANCE CHARGE OF1.5% Monthly (ANNUAL PERCENTAGE RATE OF 1�(q° 2 will be added to the unpaid portion of the balance due, which is the AMOUNT FINANCED. I agree to pay and/or guarantee payment of the charges listed on this Statement, plus any applicable finance charges. In the event of default of payment, IANe agree to pay reasonable attorney's fees and court costs. I agree that the liability is being personally assumed by me and is in addition to the liability imposed by lawn upon the estate, and this agreement does not constitute a r se of liability. By my signature below, and ackn=1edg,6nd greement of the above is hereby made: X l•2//'�/'ti/pri//L Signed Date X Signed Date ACCE E: This ral establishment agrees to pro a al rvices, march a and dvance k�tehts indicated on this ate Ign Date nssen Funeral Homes, Inc. Evergreen Memorial Chapel Eagle River Funeral Home Alaska Cremation Center LOCALLY OWNED 737 E Street . Anchorage, AK 99501 Phone (907) 279-5477 . Fax (907)278-8551 Mr. Nero Tanuvasa This is statement of account for the funeral of. Frank N Tanuvasa PROFESSIONAL SERVICES AND MERCHANDISE SELECTED Funeral or Memorial Service Funeral or Memorial Service Overtime charge for services after 5pm, holidays or Sundays Full day visitation Utility Vehicle CASH ADVANCES Air Transportation for casket Other(Storage) Payments & Adjustments 03/20/2012 Payment Sub -Total Sub -Total Total Funeral Charges Amount Due: March 28, 2012 Account #: 12-EMC0121 $895.00 $895.00 $495.00 $500.00 $195.00 $2,980.00 $518.77 $515.00 $1,033.77 $4,013.77 ($608.77) $3,405.00 nssen Funeral Homes, Inc. Evergreen Memorial Chapel Eagle River Funeral Home Alaska Cremation Center LOCALLY OWNED 737 E Street . Anchorage, AK 99501 Phone (907) 279-5477 . Fax (907)278-8551 Mr. Nero Tanuvasa This is statement of account for the funeral of: Frank N Tanuvasa PROFESSIONAL SERVICES AND MERCHANDISE SELECTED GRA Basic Services Marker 10%Processing Fee Provincial Grande oversized vault charge CASH ADVANCES DPA Winter Cemetery Charge Payments & Adjustments 03/14/2012 DPA paid in full 03/14/2012 DPA paid in full Sub -Total Sub -Total Total Funeral Charges Amount Due: March 28, 2012 Account #: 12-EMC0121 $1,250.00 $350.00 $135.00 $4,950.00 $1,495.00 $8,180.00 $1,350.00 $1,350.00 $9,530.00 ($5,000.00) ($4,530.00) $0.00