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HomeMy WebLinkAboutClaim #708 - J. C. RojoCITY OF PALM DESERT CITY CLERK DEPARTMENT STAFF REPORT REQUEST: CLAIM AGAINST THE CITY (#708) BY JOSE C. ROJO IN AN AMOUNT NO LESS THAN $100,000 SUBMITTED BY: Rachelle Klassen, City Clerk DATE: June 14, 2012 CONTENTS: • Staff Report • Recommendations of Claims Adjusters and Staff • Claim No. 708 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: i rdk Attachments (as noted) n M. Wohlmuth, City Manager VXY COUNCIL ACTION APPROVED ✓ I DENIED RECEIVED OTHER MEETING DATE 01 D- AYES:i15�:r� NOES: Nor) ABSENT: LA en A13STAIN: L LnC— VERIFIED BY: !^c Original on File with City Clerlc'S O lee DESERT. CA 2012 MAY 24 AM 10: 11 CAM, NIARREN & COMPANV Claims Management and SOILIflonS May 21, 2012 TO: The City of Palm Desert ATTENTION: Rachelle D.Klassen, City Clerk RE: Claim Rojo vs. The City of Palm Desert Claimant Jose C. Rojo D/Event 1 /2/2012 Rec'd Y/Office 5/18/2012 Our File S-1744383-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. cc: CJPIA w/enc. Attn.: Executive Director Very truly yours, CARL WARREN & COMPANY Rich . Marque COPY TO DATE - - �© AN EMPLOYEE -OWNER COMPANY 770 S Placentia Avenue I Placentia. CA 92870 P. 0. Box 25180, 1 Sania Ana, CA 92799 5180 www carlwarren corn I Fel 714-572-5201.1 8Ciii• 572-69QG 1 fax. 866-254 4423 CA i.Jcenso No. 2607296 I I y Of P H M 7 3-5 1 O 'RED WARING DRIVE PALM DESERT, CALIFORNIA 9226o-2578 TEL: 760 346-o6i i infoolcityuf naimdescrt.urg TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY, CHIEF OF POLICE, RISK MANAGER FROM: CITY CLERK DATE: MAY 17, 2012 SUBJECT: CLAIM NO. 708 CLAIM AGAINST THE CITY BY JOSE C. ROJO IN AN AMOUNT NO LESS THAN $100,000 The attached Claim No. 708 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 18, 2012, for timely response to the Claimant. Note: Attached to this report is a copy of Contract No. C31110 between the City of Palm Desert and the County of Riverside - "Agreement for Law Enforcement Services," relative to the incident giving rise to the subject Claim. RACHELLE D. KLASSEN, MMC CITY CLERK Attachments (as noted) t �! opINI10 ON RfIY(IfO IMFp RECEIVED CITY CLERK'S OFFICE CITY OF PALM DESERT PALM DESERT. CA CLAIM AGAINST THE CITY OF PALM DESERT ASSIGNED CLAIM N0. qg�q MAY 17 PM 3� 54 (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: 1. CLAIMANT INFORMATION: NAME ADDRESS _ PHONE NO. , DATE OF BIRTH: SOCIAL SECURITY NO. - - DRIVER'S LICENSE NO. 2. Name, telephone number and post office address to which claimant desires notices to be sent, if other than above: 3. Occurrence or event from which the claim arises: a. DATE: - — j 2 b. TIME: 0 '. 0c: U. c. PLACE (exact and specific location).,-- h 0U d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or ommission you claim caused the injury or damage. (Use additional paper if necessary.) T C S r, o n b w o D v %A v L 1 b A M ss �c.� i f F C ll o w e �i� 01--�+a► (21b - G e. What particular action by the City, or its employees, caused the alleged damage or injury? �jy\V` .f sY ., I "'x1-fcis -_CS_.5 f Page 1 of 2 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": -1 'G,J CC,- r c a , ,,, � r k y I-,h ;�Cr 4 L ; <_ � -. t-/1[il_ - _ \r � A 4"� _ f v I,-(- f _I ' n 5. Give the name(s) of the City employee(s) causing the damage or injury: K\V,f �+v►��/S.r�ti, r ,� Z.- X.��..11 r ,'� Qd l � ^Sv.n_ 6. Name and address of any other person(s) injured: 7. Name and address of the owner of any damaged property: 8. Damages claimed: a. Amount claimed as of this date: $UAL UU , b. Estimated amount of future costs: $ c. Total amount claimed: lcv _lL 's uv c n v d. Basis for computation \of amounts claimed include copies of All bills, invoices, estimates, etc.): j T t 1P �[ P �C \� wv. i,9 V ( ., -A r� .. r_Ao /Lr. , ,. _ 1,_ 9. Names and addresses of all witnesses, hospitals, doctors, etc.: , �-t_ [ ( (t.-Q -�„ 10. Any additional information, including police reports, which might be helpful in considering this claim: WARNING:IT IS 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 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. --o \ k-.e 'vt s It a¢ 4^y f e co v ee.4, o,n cv.•A V-..ow \e�oe. Signed this 17 day of V1 % , 20 J2., at 9 A t— Q e ; t � - C./ SIGNA E OF CLA AINT ,7i Office of the City Clerk, Paim Desert, California Page 2 of 2 SIGNATURE OF CLAIMANT DOC. NO. DATE FILED