CC SR 20170718 C - Leeper Rejection of Claim Against the CityRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 07/18/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action regarding a claim against the City by claimant, David
Leeper.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Emily Colborn, City Clerk le —
REVIEWED BY: Gabriella Yap, Deputy City Manager}
APPROVED BY: Doug Willmore, City Manager"A/UJ
ATTACHED SUPPORTING DOCUMENTS:
A. David Leeper claim (page A-1)
1_T61:091 ZT9111 Z I I7_1 z 131 Q 1*9111*1Is] ► A
Mr. David Leeper ("Claimant") presented a claim for damages to the City on March 15,
2017. In his claim, Mr. Leeper alleges as follows: Claimant received an unfounded and
accusatory letter dated November 1, 2016 from the City. This letter was prepared by
City Staff and is based on information from a City independent contractor. In this letter,
City Staff requests that claimant stop engaging in unpermitted grading that has
damaged the City's dewatering well at the property located at 1 Roseapple Road.
Claimant alleges that he suffered damages in the amount of $25,000 for the time and
emotional distress he incurred as a result of receiving the November 1, 2016 letter.
The City Attorney's office has reviewed the claim and advises the City to reject it
because there is no basis for the City's liability. The City's November 1, 2016 letter has
merit because the claimant was engaged in unpermitted grading that damaged the
City's dewatering well.
01203.0011/389724.2
1
If the City Council does not act on claimant's claim for damages, the claim will be
deemed rejected as a matter of law forty-five 45 days after date of the claim, which in
this case is April 28, 2017. Although this date has passed, the City Council still has the
power to reject the claim. (See Kane v. County of San Diego (1969) 2 Cal.App.3d 550,
554.) If a claim is rejected as a matter of law, the claimant has two (2) years from the
date of the alleged incident in which to file a lawsuit. Gov. Code § 945.6(a)(2). If,
however, the City Council adopts staff's recommendation to reject the claim, claimant's
statute of limitations will be reduced to six (6) months from the date the rejection is
personally served or deposited in the mail. Gov. Code § 945.6(a)(1).
01203.0011/389724.2
2
FILE WITH:
CITY CLERK'S OFFICE
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
INSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not
later than six months after the occurrence. (Gov. Code Sec. 911.2.)
2. Claims for damages to real property must be filed not later than 1 year after
the occurrence. (Gov. Code Sec. 911.2.)
3. Read entire claim form before filing.
4. See Page 2 for diagram upon which to locate place of accident.
5. THIS CLAIM FORM MUST BE SIGNED ON PAGE 2 AT BOTTOM.
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
TO: CITY OF RANCHO PALOS VERDES
Name
Home Address
ness Ad
and
Give address and telephone number to which you desire notices or
communications to be sent regarding this claim:
When did DAMAGE or INJURY occur? Names of any city employ
Date 11-20-16 Time 8-5pm
If claim is for Equitable Indemnity, give date Ro_4n Dragoo
claimant served with the complaint:
Date
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on
street names and address and measurements from landmarks:
RPV, CA
RESERVE FOR FILING STAMP
CLAIM NO. Z O 1 7 w 0 57
RECEIVED
CRY OF
..
Date of Birth of Claimant
on
Home Telephone
Claimant's Social
or
appropriate, give
Describe in detail how the DAMAGE or INJURY occurred.
Damage occurred from improper/ unfounded accusatory letter dated
11-1-16.
Why do you claim the city is responsible?
City staff sent above mentioned letter, based on information from
city independent contractor.
Describe in detail each INJURY or DAMAGE.
time and emotional distress incurred.
This Claim Must Be Signed on Page 2
A-1
The amount claimed, as of the date of presentation of this claim, is computed as follows:
Damages incurred to date (exact):
Estimated prospective damages as far as known:
Damage to property ....................
$ Future expenses for medical and hospital care.
$
Expenses for medical and hospital care ...
$ Future loss of earnings .....................
$
Loss of earnings ......................
$ Other prospective special damages ..........
$
Special damages for ...................
$ Prospective general damages ...............
$
Total estimate prospective damages.......
$
General damages ...................... $ 25,000
Total damages incurred to date ........ $ 25,000
Total amount claimed as of date of presentation of this claim: $ 25,000
Was damage and/or injury investigated by police? 3 Q If so, what city?_
Were paramedics or ambulance called? no If so, name city or ambulance
If injured, state date, time, name and address of doctor of your first visit
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name Ron Dragoo Address 30940 Hawthorne B1 . , RPV Phone
Name Address Phone
Name Address Phone
DOCTORS and HOSPITALS:
Hospital Address Date Hospitalized
Doctor Address Date of Treatment
Doctor Address Date of Treatment
READ CAREFULLY
For all accident claims place on following diagram names your vehicle when you first saw City vehicle; location of
of streets, including North, East, South, and West; indicate City vehicle at time of accident by "A-1" and location of
place of accident by "X" and by showing house numbers yourself or your vehicle at the time of the accident by
or distances to street corners. If City Vehicle was "B-1" and the point of impact by "X." NOTE: If diagrams
involved, designate by letter "A" location of City Vehicle below do not fit the situation, attach hereto a proper
when you first saw it, and by "B" location of yourself or diagram signed by the claimant.
CURB.
PARKWAY
SIDEWALK rF
Signature of Claimant or person filing on Typed Name: Date:
his behalf giving relationship to Claimant:
David Leeper 3-13-17'
NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.)
A-2
David M. Lee er
City of Rancho Palos Vardos
MAR 16,2017
City Manager's office
DAVID M. LEEPER
City Clerk's Office
City of Rancho Palos
30940 Hawthorne Bl.
Rancho Palos Verdes,
DAVID M. LEEPER
Verdes
CA 90275
A-3
USAFOREVER
CA 90275
A-3