RPVCCA_CC_SR_2015_05_19_K_Claim_Againt_the_City_Charlotte_PesusichCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CARLA MORREALE, CITY CLERK �t`
DATE: MAY 19, 2015
SUBJECT: CLAIM AGAINST THE CITY BY CHARLOTTE PESUSICH
REVIEWED: DOUG WILLMORE, CITY MANAGER(��)'V%r 1>'"4
RECOMMENDATION
Reject the claim and direct staff to notify the claimant.
DISCUSSION
The claimant alleges that in 2013 and 2014, during the construction of the San Ramon
Project, damage occurred to her home from the amount of dirt transported daily during
the project. She noted that the transportation of the dirt caused the paint on the exterior
of her home to dry out and created gaps on some of the panels and windows, especially
on the front and angled side of her home. She reported that she filed a claim with Palos
Verdes Shores and included correspondence and photographs with her claim.
The City's Claims Administrator, Carl Warren and Company, has reviewed the claim
and advised the City to reject the claim, as this claim was tendered to the contractor,
L.H. Woods & Sons, Inc., their liability carrier (Zurich American Insurance) has
responded to the claim, and the City's liability is doubtful.
Attachment:
Claim (page 2)
1
FILE WITH: CLAIM FOR DAMAGES
RESERVE FOR FILING STAMP
CITY CLERK'S OFFICE
City
,1
I "1 "� 1C✓
of Rancho Palos Verdes TO PERSON OR PROPERTY
30940 Hawthorne Blvd.
CLAIM NO. c�C
Rancho Palos Verdes, CA 90275
RECEIVED
INSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not
CITY OF RANCHO PALOS VERDE -c
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
0 3 2014
the occurrence. (Gov. Code Sec. 911.2.)
DEC
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.
0Fr1r13E
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
CITY CLERK'S
TO: CITY OF RANCHO PALOS VERDES
Date of Birth of Claimant
Name of Claimant
Occupation of Claimant
CHARLOTTE PESUSICH
Home Address of Claimant Citv and State
Home Telephone Number
Business Address of Claimant City and State
Business Telephone Number
N/A
N/A
Give address and telephone number to which you desire notices or Claimant's Social Security No.
communications to be sent regarding this claim:
When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE
Date 2013-2014 Time NIA N/A
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:
Residence of Charlotte Pesusich
Describe in detail how the DAMAGE or INJURY occurred.
Damage incurred during 2013-2014 San Ramon project on our home from the huge amount of dirt
shuffled daily during this project. This dirt has caused the paint on the exterior of our home to dry
out which has caused gaps on some of the panels & windows especially on the front & angled side
of our home.
NOTE: Please see letter dated May 24 2014 sent to PALOS VERDES SHORES where we reside.
Why do you claim the city is responsible?
I put in a claim PALOS VERDES SHORES. Zurich American Insurance Company denied our claim
& told me if I did not concur with their denial then I have 3 choices 1) Take them to small claims court
2) Sue them 3) Give claim to our own insurance company. Heather Horton, Litigation Specialist was
very rude with her answers & followed up with letter attached from Zurich. LETTER FROM ZURICH
ATTACHED.
Describe in detail each INJURY or DAMAGE.
DmPaya to e.iaW Palm ama —AN mxiiich.—IR—IAmlw ESTIMATE ATTACHED fta Sm TI—(PSI mnl.aCa)
ATTACHMENTS:
lI COPY OF LETTER FROM PALOS VERGES SHORES ASKING FOR CLAIM OR PHOIECT RELATED DAMAGE (MRK 14 A114)
2) COPY OF LETTER FROM LH WOODS 6 SONS WC (JULY 14 211/4)
3) COPY OF LETTER TO PALOS VERDES SHORES FOR CUIM FOR DAMAGES (MAY 24 2014)
4) COPY OF LETTER FROM ZURICH AMERICAN INSURANCE COMPANY (SEPTEMBER 26 2014)
5)COPY OF LETTER FROM SCOTT THEVENY PAINTING CONTRACTOR FOR ESTIMATE TO PAINT S REPAIR E ERIOR OF HOME(MAY 23 2014)
6) PICTURES OF SAN RAMON PROJECT OUT6IDE OUR HOME WHICH 15 SURROUNDED BY OUR HEDGE TO DEPICT THE BOUNDARIES OF OUR HOME
2) PICTURES OF OUR HOME SHOWING DAMAGE TO E)4TERIOR &RAILING (12 PHOTOS)
21 PAGES ATTACHED INCLUDING CITY OF RPV CLAIM FOR DAMAGES
This Claim Must Be Signed on Page 2
2
S{a ,✓
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 ....................
$ 6,185.00
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.......
$ N/A
General damages ...................... $
Total damages incurred to date........ $ s.r650o
Total amount claimed as of date of presentation of this claim: $ 6,185.00
Was damage and/or injury investigated by police? NIA If so, what city?_
Were paramedics or ambulance called? 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 MICHAEL IRELAND- SAN RAMON PROJECT MGR. Address Phone
Name Address Phone
Name Address Phone
DOCTORS and HOSPITALS:
Hospital NIA Address
Doctor Address
Doctor Address
READ CAREFULLY
For all accident claims place on following diagram names
of streets, including North, East, South, and West; indicate
place of accident by "X" and by showing house numbers
or distances to street corners. If City Vehicle was
involved, designate by letter "A" location of City Vehicle
when you first saw it, and by "B" location of yourself or
CURB
Date Hospitalized
Date of Treatment
Date of Treatment
your vehicle when you first saw City vehicle; location of
City vehicle at time of accident by "A-1" and location of
yourself or your vehicle at the time of the accident by
"13-1" and the point of impact by "X." NOTE: If diagrams
below do not fit the situation, attach hereto a proper
diagram signed by the claimant.
SIDEWALK
PARKWAY
SIDEWALK
Signature of Claimant or person filing on Typed Name: Date:
his behalf giving relationship to Claimant: Charlotte PeSUSICh 12/3/2014
CURB
CLAIMS MUST BE FILED WITH CITY CLERK (Gov- Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.)
9
r Palos Verdes Shores
2275 W. 25th Street • San Pedro . CA 90732 . Phone (310) 547-4403 • Fax (310) 547-4405
www.veddercommunities.com
April 14, 2014
Re: Completion of San Ramon Canyon Drainage Improvement Project
Dear Residents
The City of Rancho Palos Verdes (the "City") is nearing final completion of the San Ramon Canyon
drainage improvement project (the "project") which has been going on adjacent to Palos Verdes Shores.
As you know this is an important project which will improve drainage of the Canyon and help avoid any
flooding of our Community during periods of heavy rain. Weare grateful to the City. for undertaking this
important improvement project
If you believe that you have a claim for project or project access -related damage, please submit a
letter to us and any, related documentation concerning your claim. We will submit these claims to
the City for review and action by the City. Please submit any such claims no later than May 31,
2014. The City and the City's contractor has asked us to add the following to this letter: Please
also be reminded that any claim that is deemed to be false in nature may be subject to legal
proceedings under the California False Claims Act, California Government Code Sections 12650-
12655 (1992).
Thank you for your patience during the construction process.
i
C. S Furth
Director of Operations
Proud to he a part orthe Pedder Communities
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Alla Laguna asci cummmp Heritage remeam LemonWood v.a.. V i...l l► Palos Verdes Shores sm remo Friendly Village &ii vary Friendly Village Nei cof.
Rancho Caballero w tse Friendly Village L. Hebm Friendly Village o 0 Pembroke Downs c*4 Vallecito w hry Pvk view Villa vxt v
4
May 24, 2014
From: Charlotte Pesusich
San Pedro CA 90732
To: Palos Verdes Shores
2275 West 25th Street
San Pedro CA 90732
To Whom It May Concern:
This letter is to inform management of a problem we now have with the paint on the exterior of our home.
During the duration of the San Ramon Canyon Project, we have encountered an unusual amount of dust & dirt on
the exterior & interior of our home. We have tried our best to keep this to a minimum with outside help & by
handling this ourselves.
This dirt has caused the paint on the exterior of our home to dry out the exterior panels which has caused gaps on
some of the panels & windows especially on the front & angled side of our home. We have done our best to keep
the house free of the dirt by using outside help & trying to keep it up ourselves. We are senior citizens well into
our 70's & this has been a tremendous job for us.
We have always kept our home in top shape, but have watched the paint & panels dry out & deteriorate over the
past year. Our paint was in very good shape prior to this project. The management would have a report on file in
their office stating this. This year when they inspected, they noticed the condition of the exterior & noted that we
needed to paint & repair exterior to bring up to their satisfaction.
Also our railing has done a complete turnaround & is imbedded with dirt which has caused oxidation & is now in
very poor condition due to the dust problem.
We were unable to paint during this time period as the dust continued, as we sit right next to the project & most of
the dirt mounds were right in front of our fence.
As the project is nearing completion we have had our painter out to give us a quote on this. Please find the
attached quote & feel free to come out & see firsthand what has happened to our home.
In our first letter which we wrote on December 20"' 2013 we asked for reimbursement for our increase on our
water bills due to hosing down. We showed the bills to Mike & he offered for us to hook up to the big water tank
outside our fence & use their water. We were not trying to make money on this, only to be reimbursed for out of
pocket expense for excessive water use. My husband is not stable on his feet & to go outside the fence, hook up
the hose & push it through the fence, then run back outside & turn it on, then back inside to use the water & then
back outside the fence again was not a good resolve for my husband & did not take care of the increase in water
expenses which were incurred.
Sincerely,
Charlotte Pesusich
Attachments Q photos plus 2 page estimate from painter)
5
L.H. WOODS & SONS, INC.
GENERAL ENGINEERING CONTRACTORS Genera(Engineering Contractors
DATE: July 14, 2014
TO: City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
ATTN: Mr. Mike Jenkins
RE: San Ramon Canyon Storm Drain System — procedure and contact for damage
claims at Mobile Home Park.
Dear, Mr. Jenkins.
With this correspondence I wish to address the appropriate procedure and contact for the three
outstanding sign offs from the Mobile Home Park list of complaints.
For property damage related items and injuries please have the three residents send a formal
letter to: '
L.H. Woods & Sons, Inc.
Attention: Ms. Theresa Woods
2115 La Mirada Dr.
Vista, CA 92081
Their request should detail the damages or medical conditions they are claiming as a result of
our construction, make a reference to the project #234 and the reasons that the damages are
the fault of L.H. Woods & Sons, Inc.
LHWS will completely rectify any of its legitimate damages that were caused by itself or sub-
contractors, after our insurance company completes an investigation of the properties in
question.
Anyone found to bring claims against LHWS or CoRPV which are fraudulent or shams in nature,
will be counter sued under the provisions of the false claims act of California.
I can assure you that LHWS will make every effort to continue to meet the requirements and
intent of the specification with any and all effective measures required to do so.
Respectfully yours,
/m� c/L /c, 1,1'u "I"
Michael Ireland
Project Manager
L.H. Woods & Sons, Inc.
'rW®o'ns(D tNwoo 0 S, COX
Corporate Office: 2115 La Mirada Drive • Vista, CA 92081 • (760) 599-5500 • Fax: (760) 599-5510
no
'age 1 of 2)
Zurich American Insurance Co.
Sacramento
Po Box 968062
Schaumburg, IL
60,965062
Telephone: (800) 239-4829
Fax: (800) 547-2487
httpJ/wwwzurkhna.com
ZURICH'
September 26, 2014
Mr. & Mrs. Pesusich
Claim Number: 9620206063
Insured: L. H. Woods & Sons, Inc.
Claimant: Charolette Pesusich
Date of Loss: 02-01-2014
Dear Mr. & Mrs Pesusich,
We are in receipt of the above claim and have completed our investigation.
Our obligation is to pay claims for which our insured is legally liable based on
the California state negligence laws. Our investigation included an inspection
of your home and review/consultation of construction activities
Based on these findings, we have determined that our insured, L. H. Woods &
Sons, Inc., is not liable for your damages and we are denying payment of the
above claim.
If you have any information that would change our conclusion, please submit
it to me at your earliest convenience and I will reconsider our position.
Pursuant to the California Code of Regulations, Title 10, Chapter 5,
Subchapter 7.5 Fair Claims Settlement Practices Regulations, if you believe
all or part of this claim has been wrongfully denied or rejected, you may have
this matter reviewed by the:
California Department of Insurance
Consumer Services Division
300 South Spring Street
Los Angeles, CA 90013
1-800-927-4357
7
Page 2 of 2)
Page 2
Sincerely,
Zurich American Insurance Co.
Heather Horton
Sr. Litigation Specialist
(925)-754--5079--
cc:
925) 754=5079 -- -
cc: L. H. Woods and Sons, Inc.
September 26, 2014
SCOTT THEVENY
26037 Matfield Drive
Torrance, CA 90505
(310)326-0776
License # 663156
Proposal
Date: 5/23/14
For:
Char
Job/Name:
Same
The following areas in the front of the house facing north, will be prepped. We will then
lightly sand all areas; repair as needed with epoxy, all gaps will be caulked. We will then
spot prime as needed and then paint with one coats of Benjamin Moore Paint: this
includes all the trim around windows, fascia and the siding. The large set on window we
will fix the large gap in-between the window and the window seal, also we will replace
and repair the area under the sliding glass doors.
The following areas on the side of the house facing east, will be prepped. We will then
lightly sand all areas; repair as needed with epoxy, all gaps will be caulked. We will then
spot prime as needed and then paint with one coats of Benjamin Moore Paint: this
includes only the trim around windows and the fascia. The siding is in good shape on this
side.
The following areas in the back of the house facing south will be prepped. We will then
lightly sand all areas, all gaps will be caulked. We will then spot prime as needed and
then paint with one coats of Benjamin Moore Paint: this includes all the trim around
windows, fascia and the siding. We will try to anchor down the area's of siding that have
popped up
The following areas on the side of the house facing west, will be prepped. We will then
lightly sand all areas, all gaps will be caulked. We will then spot prime as needed and
then paint with one coats of Benjamin Moore Paint: this includes all the trim around
windows and fascia. The siding looks good on this side the only area of siding we will
need to do is near the back door by the garage.
The following areas on all sides of the garage will be prepped. We will then lightly sand
all areas, all gaps will be caulked. We will then spot prime as needed and then painted
with one coats of Benjamin Moore Paint: this includes just the siding and the jam and
vent on the front of the garage.
9
All the gaps in the siding will be caulked using Big Stretch Caulking and any areas that
have to be repaired will be done with Abatro two part Wood Epoxy Replacement
Compound.
Railing in front and on both sides of the house, we will clean the railing to remove all the
dirt and oxidation. Then prime all the railing with a metal primer. All the railing will then
get a base coat followed by a top coat (yet to be determined).
Total amount to due the above work including all labor and materials $6,185.00.
10
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