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RPVCCA_CC_SR_2015_01_20_D_Claim_Paul_RandCITY OF RANCHO PALOS VERDES TO: HONORABLE MAYOR &CITY COUNCIL MEMBERS FROM: CARLA MORREALE, CITY CLER i� DATE: JANUARY 20, 2015 SUBJECT: CLAIM AGAINST THE CITY BY MERCURY INSURANCE AS SUBROGEE OF PAUL RAND REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGER` 4 RECOMMENDATION Reject the claim and direct staff to notify the claimant. BACKGROUND The claimant alleges that a branch from a City owned and maintained tree fell on his property causing damage. His property is located on Via Colusa, which is located in the City of Palos Verdes Estates. The alleged incident occurred on July 28, 2014 at 4:00 p.m. The City's Claims Administrator, Carl Warren and Company, has reviewed the claim and advised the City to reject the claim. The City does not have any liability for the accident, as the incident occurred on Via Colusa, which is in the jurisdiction of the City of Palos Verdes Estates, and is not within the jurisdiction of the City of Rancho Palos Verdes. Attachment: Claim D-1 Alk MERCURY INSURANCE GROUP January 6, 2015 City Clerk's Office 30940 Hawthorne Blvd. Rancho Palos Verdes, Ca 90275 RE: YOUR FILE: YOUR INSURED: DATE OF LOSS: OUR CLAIM NUMBER OUR INSURED: OUR CLAIM AMOUNT Dear City Clerk's Office: NOT YET KNOWN Name July 28, 2014 10Y1119 Paul Rand $9,085.00 P.O. Box 4600 Rancho Cucamonga, CA 91729 (888) 917-6372 RECEIVED CITY OF RANCHO PALOS VERDES JAM 0 8 2015 CITY CLEERKS We have obtained information regarding the above date of loss suggesting that damages incurred were caused by your insured's negligence. Enclosed for your review please find copies of our supporting documentation. Our insured's version of the loss is as follows: A Rancho Palos Verdes City tree branch fell and caused damage to our insured's property. The above amount includes our insured's unpaid deductible of $1,000.00. Please return a copy of this form with your payment, to ensure proper credit. If we receive a payment that is less than the amount shown above, that payment will be processed and applied as a partial payment only. This will not indicate any acceptance of liability or agreement to compromise the claim amount. Full or final settlement or similar wording, whether on the payment itself or on accompanying correspondence, does not function as a release. Should you have any questions or need additional information, please contact me. Thank you for your cooperation. Sincerely, MERCURY CASUALTY COMPANY RICHARD LEE Property Subrogation Specialist (888) 917-6372, ext. 21771 Enclosures D-2 FILE WITH: CLAIM FOR DAMAGES CITY CLERK'S OFFICE City of Rancho Palos Verdes T 30940 Hawthorne Blvd. O PERSON OR PROPERTY Rancho Palos Verdes, CA 90275 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 T Paul Rand _ Name of Claimant Palos Verdes Estates, Ca 90274-1041 Home Address of Claimant City and State Business Address of Claimant City and RESERVE FOR FILING STAMP CLAIM NO. a.ot5--fl( DECEIVED d:ITY OF IIIANCHO PALOS VERDES JAN 0 8 2015 1 T r,L�' K' S 0", L-� IF Date of Birth of Claimant Occupation of Claimant Home Telephone Number Business Telephone Number Give address and telephone iunnlx r to which you desire notices or Claimant's Social Security No. communications to be sent regarding this claim: P.O. Box 4600 Rancho Cucamonga, Ca When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date 071x61a014 Time 4:,ypm If claim is for Equitable Indemnity, give date claimant served with the complaint: Date Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give street names and address and measurements from landmarks: Damage occurred to home, address listed above. Describe in detail how the DAMAGE or INJURY occurred. City Tree Branch fell caused damages to our insured's property. Why do you claim the city is responsible? For improper maintenance. Describe in detail each INJURY or DAMAGE. All supporting documentation enclosed. This Claim Must Be Signed on Page 2 D-3 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 .................... $ 9.o-oo 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 ...................... $ Total damages incurred to date ........ $ Total amount claimed as of date of presentation of this claim: $ 9,085.00 Was damage and/or injury investigated by police? Yes If so, What city? Palos Verdes Estates PD 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 Address 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 "13-1" 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. �ij SIDEWALK CURB CURB PARKWAY SIDEWALK Signature of Claimant or person filing on Typed Name: Date: his behalf ivin rel tionshi to Claimant: e NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. !:ode Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.) ITEM DESCRIPTION Evolution Construction ESTIMATE REPLACEMNET OF EXISTING CONCRETE SLAB IN FRONT YARD License # 974037 FRONT YARD 1 DATE ESTIMATE 2455 190th Street Ste. A DESCRIPTION BELOW: 110/20/20141 135 . Redondo Beach, CA 90278 $ 700.00 2- Concrete hauling & dump Phone (310) 469-3141 3 New 5" concrete slab with 5" of class A base approx. 280 sq. ft $ 3,360.00 Office(310) 379-9747 ( )�„ Repair Sprinklers that were damaged CLIENT 5 • Landscape Allowance for repair do to branch falling plus the work that NAME/ADDRESS Job Site $ 760.00 OCT 2 4 20tH Rand Residence Rand Residence 7- Stucco damage to wall, new cracks were observed different from existing $ 940.00 old cracks. n. Palos Verdes states, CA 90274 PVE, CA 90274 $ 1,950.00 replacement of broken tiles & any underlayment necessary, ITEM DESCRIPTION TOTAL REPLACEMNET OF EXISTING CONCRETE SLAB IN FRONT YARD FRONT YARD DUE TO FALLING BRANCH, OTHER AREAS DAMAGED, SEE DESCRIPTION BELOW: 1 _ Demolition of front concrete slab approx. 280 sq. ft $ 700.00 2- Concrete hauling & dump $ 595.00 3 New 5" concrete slab with 5" of class A base approx. 280 sq. ft $ 3,360.00 4- Repair Sprinklers that were damaged $ 220.00 5 • Landscape Allowance for repair do to branch falling plus the work that will be done to replace the existing concrete slab. $ 760.00 6- Scaffold set up for stucco/gutter/roofing repair $ 560.00 7- Stucco damage to wall, new cracks were observed different from existing $ 940.00 old cracks. 8- Rain gutter replacement plus the two adjacent 10' runs including $ 1,950.00 replacement of broken tiles & any underlayment necessary, INSURANCE & Once contracted :Liablllty Insurance certificates will be provided plus Home owner will CERTIFICATES be added on as additional insured, workman's Comp Certificate can be provided upon request. EVOLUTION CONSTRUCTION- "revolutionizing the construction experience" TOTAL $ 9,085.00 Thank you for your business! L, PALOS VERDES ESTATES POLICE DEPARTMENT Officer Report for Incident 14-07445 Nature: INCIDENT REPORT Location: 703 Offense Codes: Received By: B. Hernandez Responding Officers: Responsible Officers: R. Venegas When Reported: 17:10:48 07/28/14 Assigned To: Status: Complainant: 39961 Last: RAND DOB: Race; Sex: M Alert Codes: Offense Codes How Received: T Address: PLS VRD EST CA 90274 Agency: PVEP Disposition: NOT 07/29/14 Occurred Between: 17:10:48 07/28/14 and 17:10:48 07/28/14 Detail: Date Assigned: Status Date: **/**/** Due Date: First: PAUL Dr Lie; Phone: Reported: Additional Offense: INFO Information Only Circumstances LT20 Residence or Home Responding Officers: Unit: R. Venegas 71,12 A. Gonzales 7L11 Responsible Officer: R. Venegas Received By:. B. Hernandez How Received: T Telephone When Reported: 17:10:48 07/28/14 Judicial Status: Misc pantry: Mid: ALAN Address: City: PLS VRD EST, CA 90274 Observed: 911C Meet the citizen Agency: PVEP Last Radio Log: 17:30:53 07/28/14 CMPI,T Clearance: ICO Investigation Completed Disposition: NOT Date: 07/29/14 Occurred between: 17:10:48 07/28/14 and: 17:10:48 07/28/14 D-6 Officer Report for Incident 94-07445 Modus Operandi: Time of Day Involvements Date Type 07/28/14 Name 07/28/14 Cad Call 07/28/14 Property Description : Method: Time of Day Afternoon Description RAND, PAUL ALAN Complainant 17:10:48 07/28/14 PROPERTY REPORT Initiating Call Flash Disk SANDISK 2GB 0 Flash Disk Page 2 of 6 D-7 07/29/14 Officer Report for Incident 14-07445 Page 3 of 6 Narrative Palos Verdes Estates Police Department Investigation Narrative On 07/28/14, I (Officer Venegas / #733) was dispatched to in reference to a large branch that fell from a city tree an caused damage to the property. Upon my arrival, I noticed a large tree branch on the walkway of Upon examination, it was determined that the large tree branch fell from a city tree, just east of the residence (see attached photos). I spoke with the owner of the property, Paul Rand. Rand told me that the branch caused damage to the concrete walkway in addition to breaking a few lights along the walkway. He was unable to see any further damage with the branch on his yard. A small portion of the branch fell onto his top balcony as well though there was no apparent damage in this area_ Prior to my departure, I provided Rand with a PVEPD Incident Card and this report number. I informed Rand that Streets and Parks would be able to remove the branch tomorrow, 07/29/14. V ENJ zk!� Responsible LEO: Qz�-►3 r 0�'4 -- Approved by: -7-zS-11 Date 07/29/14 Officer Report for Incident 94-07445 Supplement CAD Call info/comments -------------------------------- -------------------------------- LARGE LIMB FROM A CITY TREE HAS FALLEN ON THE RP'S HOME - STATES THERE IS DAMAGE - UNIT WILL ADVISE IF S&P CALLOUT IS NECESSARY WHEN 97 17:26:45 07/28/2014 - B. Hernandez - From: A. Gonzales UNITS ARE CODE 4 17:30:44 07/28/2014 - B. Hernandez - From: R. Venegas LARGE TREE BRANCH HAS CAUSED DAMAGE AT LOCATION - IT IS NOT A HAZARD AND THE HOMEOWNER IS OK WITH STREETS AND PARKS DOING CLEAN UP AT LOCATION IN THE MORNING Page 4 of 6 D-9 07/29/14 Officer Report for Incident 14-07445 Property Property Number: 11200 Item: Flash Disk Brand: SANDISK Year: 0 Meas: Total Value: $0.00 Owner: PALOS VERDES ESTATES PD 480 Agency: PVEP PALOS VERDES ESTATES PD Accum Amt Recov: $0.00 UCR: **:**:** **/**/** Local Status: III Crime Lab Number: Date Released: Released By: Released To: Reason: Comments: Owner Applied Nmbr: Model: 2G$ Quantity: Serial Nmbr: Color: Tag Number: Officer: R. Venegas UCR Status: Storage Location: 26 Status Date: 07/28/14 Date Recov/Rcvd: **/**/** Amt Recovered: $0.00 Custody: **:**:** **/**/** D-10 Page 5 of 6 07/29/14 Officer Report for Incident 14-07445 Name Involvements: Page 6 of 6 Complainant: 39961 Last: RAND First: PAUL Mid: ALAN DOB: r Dr Lic: Address: Race: Sex: M Phone: I& City: PLS VRD EST, CA 90274 D-11 07/29/14 %;A5.Uftv4 I MIS(ILLANEOUS CASH RECEIPT At City of Pal®s Verdes Estates w"I.I.MM 1;A CALIFORNIA '4 Z I F 00"�' �CHIVED FROM - M IS Lim )R No- 56456 DOLLARS! Cash El Check d' 20 MUNT D-12 ARMERCURY INSURANCE GROUP Mail PAULA. RAND TO ALOS VERDES ESTATES CA 90274-1041 925 - Brea - Greenbriar - Property INSURED: Paul A. Rand POLICY NUMBER: POLICY NUMBER: CLAIMANT: Paul A. Rand DATE OF LOSS: OCCURRENCE NUMBER: 1 OY1119-1 PA'.'EE: Paul A. Rand CLAIMANT: Paul A. Rand INVOICE NUMBER: DATE OF LOSS: Jul 28, 2014 PAYMENT FOR: In Partial settlement of All Other Perils Claim(s) CHECK AMOUNT:00..i.mis PAYMENTTYPE: Loss CHECKNUMBER: COVERAGE: Building ISSUED BY: ext 22941 VENDOR CODE: REPRESENTATIVE: Antonio Morris ext 22941 COMMENT: PAYMENT FOR HOME REPAIRS. C. CC28'20 NELY OCT C 0 P y CLAIMS THIS IS A COPY OF THE ORIGINAL CHECK ARMERCURY INSURANCE GROUP Pay To The Paul A. Rand Order Of PAY Eight Thousand Eighty Five and 001100 Dollars In Partial settlement of All Other Perils Claim(s) arising out of incident on 07128/2014 DATE ISSUED: Oct 24, 2014 POLICY NUMBER: OCCURENCE NUMBER: 10Y1119-1 DATE OF LOSS: Jul 28, 2014 INSURED: Paul A. Rand CLAIMANT: Paul A. Rand Mercury Casualty Company NC]l�T—hTEC�;C:)T:E SIGNATURE $ **'`8,085.00 (NOT VALID AFTER 6 MONTHS) D-13 Photo Sheet Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 10Y1119 Policy #: Photo Sheet 001 Date Taken: 10/8/2014 Taken By: Antonio Morris FRONT OF RISK "i EL' E[fI RC,33A8 OCT 0 o mi, 002 Date Taken: 10/8/2014 Taken By: Antonio Morris EUCALYPTUS TREE WHERE BRANCH BROK OFF 10/8/2014 D-14 Photo Sheet Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 1 0Y1 119 Policy #: Photo Sheet -2- 003 Date Taken: 10/8/2014 Taken By: Antonio Morris BROKEN BRANCH 004 Date Taken: 10/8/2014 Taken By: Antonio Morris TREE THAT HAD BRANCH BREAK OFF 10/8/2014 D-15 Photo Sheet Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 10Y1119 Policy #: Photo Sheet -3- 005 Date Taken: 10/8/2014 Taken By: Antonio Morris FRONT WALK WAY 006 Date Taken: 10/8/2014 Taken By: Antonio Morris CEMENT WHERE BRANCH FELL ON 10/8/2014 D-16 Photo Sheet Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 1 0Y1 119 Policy #: Photo Sheet -4- 007 Date Taken: 10/8/2014 Taken By: Antonio Morris DAMAGED CEMENT INDENTATION FROM TREE BRANCH 008 Date Taken: 10/8/2014 Taken By: Antonio Morris INDENTATION OF CEMENT 10/8/2014 D-17 Photo Sheet Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 10Y1119 Policy #: Photo Sheet - 5 - 009 Date Taken: 10/8/2014 Taken By: Antonio Morris CEMENT INDENTATION FROM TREE BRANCH 010 Date Taken: 10/8/2014 Taken By: Antonio Morris CEMENT DAMAGED AREA 10/8/2014 Photo Sheet Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 10Y1119 Policy #: Photo Sheet 6 - 025 Date Taken: 10/8/2014 Taken By: Antonio Morris AFFECTED CEMENT AREA 026 Date Taken: 10/8/2014 Taken By: Antonio Morris AFFECTED CEMENT AREA 10/8/2014 D-19 Photo Sheet Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 10Y1119 Policy #: Photo Sheet 027 Date Taken: 10/8/2014 Taken By: Antonio Morris CEMENT LENGTH 028 Date Taken: 10/8/2014 Taken By: Antonio Morris CEMENT WIDTH MEASUREMENT 10/8/2014 D-20 Photo Sheet Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 10Y1119 Policy #: Photo Sheet -8- 029 Date Taken: 10/8/2014 Taken By: Antonio Morris CEMENT WIDTH MEASUREMENT 030 Date Taken: 10/8/2014 Taken By: Antonio Morris CRACKS IN CEMENT AREA 10/8/2014 D-21 Photo Sheet Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 1 OY1119 Policy #: Photo Sheet 9- 031 Date Taken: 10/8/2014 Taken By: Antonio Morris CEMENT HAS CRACKS IN IT 032 Date Taken: 10/8/2014 Taken By: Antonio Morris CRACKS IN CEMENT 10/8/2014 D-22 Photo Sheet Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 10Y1119 Policy #: Photo Sheet - 10 - 033 Date Taken: 10/8/2014 Taken By: Antonio Morris CEMENT HAS CRACKS 011 Date Taken: 10/8/2014 Taken By: Antonio Morris FRONT WALK WAY TO SIDE OF HOUSE 10/8/2014 D-23 Photo Sheet Insured: PAUL RAND Claim #: 10Y1 119 Mercury Casualty Company Policy #: P.O. Box 1150 Brea, CA 92822 (714) 255-5001 012 Date Taken: 10/8/2014 f " i Taken B Antonio Morris - . SIDE OF HOME 4 6.1 i Photo Sheet -11- 013 Date Taken: 10/8/2014 Taken By: Antonio Morris DAMAGED LAMP 10/8/2014 D-24 Photo Sheet Insured: PAUL RAND Claim #: 10Y1119 Mercury Casualty Company Policy #: P.O. Box 1150 Brea, CA 92822 (714) 255-5001 6'r 014 Date Taken: 10/8/2014 Taken By: Antonio Morris TOP OF DAMAGED LAMP 015 Date Taken: 10/8/2014 Taken By: Antonio Morris ELECTRIC BOX Photo Sheet -12- 10/8/2014 D-25 Photo Sheet Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 4 p'? Insured: PAUL RAND Claim #: 10Y1119 Policy #: Photo Sheet -13- 016 Date Taken: 10/8/2014 Taken By: Antonio Morris ELECTRIC BOX WAS PUT BACK ON 017 Date Taken: 10/8/2014 Taken By: Antonio Morris 10/8/2014 D-26 Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 10Y1119 Policy #: Photo Sheet -14- 018 Date Taken: 10/8/2014 Taken By: Antonio Morris STREAK ON SIDE OF THE HOUSE 019 Date Taken: 10/8/2014 Taken By: Antonio Morris POWER OUTLET COVER BROKE OFF 10/8/2014 D-27 Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 10Y1119 Policy #: Photo Sheet - 15 - 020 Date Taken: 10/8/2014 Taken By: Antonio Morris POWER OUTLET COVER BROKE OFF 021 Date Taken: 10/8/2014 Taken By: Antonio Morris RAIN GUTTER ON TOP FLOOR 10/8/2014 Photo Sheet Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 10Y1119 Policy #: Photo Sheet - 16 - 022 Date Taken: 10/8/2014 Taken By: Antonio Morris RAIN GUTTER ON TOP FLOOR 023 Date Taken: 10/8/2014 Taken By: Antonio Morris DAMAGED RAIN GUTTER 10/8/2014 D-29 Photo Sheet Insured: PAUL RAND Claim #: 10Y1119 Mercury Casualty Company Policy #: P.O. Box 1150 Brea, CA 92822 (714)255-5001 024 Date Taken: 10/8/2014 Taken By: Antonio Morris RAIN GUTTER IS BENT 034 Date Taken: 10/8/2014 j Taken By: Antonio Morris i DAMAGED RAIN GUTTER. PIECE �1 OF TILE IS CRACKED Photo Sheet - 17- 10/8/2014 D-30 Photo Sheet Mercury Casualty Company F.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 1 0Y1 119 Policy #: Photo Sheet -18- 035 Date Taken: 10/8/2014 Taken By: Antonio Morris LENGTH OF AFFECTED RAIN GUTTER ON THE RIGHT 036 Date Taken: 10/8/2014 Taken By: Antonio Morris DAMAGED RAIN GUTTER 10/8/2014 D-31 Photo Sheet Insured: PAUL RAND Claim #: 1 0Y1 119 Mercury Casualty Company Policy #: P.O. Box 1150 Brea, CA 92822 (714) 255-5001 '2 aL .W Photo Sheet -19- 037 Date Taken: 10/8/2014 Taken By: Antonio Morris RAIN GUTTER IS BENT 038 Date Taken: 10/8/2014 Taken By: Antonio Morris RAIN GUTTER IS BENT 10/8/2014 D-32 Photo Sheet Mercury Casualty Company P.O. Box 1150 Brea, CA 92822 (714) 255-5001 Insured: PAUL RAND Claim #: 1 0Y1 119 Policy #: Photo Sheet . 20 -: 039 Date Taken: 10/8/2014 Taken By: Antonio Morris RAIN GUTTER IS BENT 10/8/2014 D-33