CC SR 20180807 G - St. John Fisher Church Claims Against the CityRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 08/07/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action regarding two claims against the City by St. John
Fisher Catholic Church and the Roman Catholic Archbishop of Los Angeles (RCALA).
RECOMMENDED COUNCIL ACTION:
(1) Reject the claims and direct Staff to notify the claimants.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Emily Colborn, City Clerk
REVIEWED BY: Gabriella Yap, Deputy City Manager
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. St. John Fisher Catholic Church claim (page A-1)
B. Roman Catholic Archbishop of Los Angeles claim (page B-1)
C. Tamara Ramsey Claim and Staff Report dated August 1, 2017 (page C-1)
D. Tamara Ramsey Summons (page D-1)
BACKGROUND AND DISCUSSION:
The claimants (St. John Fisher Church and the Roman Catholic Archbishop of Los
Angeles) state that they are incurring damages from attorney’s fees, costs and potential
liability based on a lawsuit by Tamara Ramsey. Ms. Ramsey sustained injuries after
falling on the sidewalk outside of St. John Fisher Church on May 22, 2017. Ms. Ramsey
initially filed a claim for damages against the City that was subsequently rejected by the
City’s Claims Administrator, Carl Warren and Company, on August 1, 2017. Ms.
Ramsey is currently suing St. John Fisher Church and the City of Rancho Palos Verdes.
The City’s Claims Administrator, Carl Warren and Company, has reviewed the claims
and advised the City to reject them due to the determination that the incident occurred
on private property. The City asserts that it has no liability for the incident.
1
FILE WITH: CLAIM FOR DAMAGES RESERVE FOR FILING STAMP
CITY CLERK'S OFFICE
City of Rancho Palos Verdes
TO PERSON OR PROPERTY
CLAIM NO • .;>()\ ~ ~ Oi..f
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
RECEIVEDINSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not CITY OF RANCHO PALOS VERDES
later than six months after the occurrence. (Gov. Code Sec. 911.2.)
JUL 24 20182. 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 CITY CLERK 1S OFFICE" 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 Date of Birth of Claimant
NIA
Name of Claimant Occupation of Claimant
St. John Fisher Catholic Church
Home Address of Claimant City and State Home Telephone Number
Business Address of Claimant City and State Business Telephone Number
5448 Crest Road, Rancho Palos Verdes, CA 90275 (
Give address and telephone number to whichyou desire notices or Claimant's Social Security No.
communications to be sent regarding this claim:
None. Frederic F. Grannis, Stoner Grannis LLP
When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE
Date 01!25l201a Time
If claim Is for Equitable Indemnity, give date
claimant served with the complaint:
Date 01/25/2018
Where did DAMAGE or INJURY occur? Descnbe fully, and locate on diagram on Page 2. Where appropriate, give
street names and address and measurements from landmarks:
The alleged fall experienced by plaintiff Tamara Ramsey occurred on the sidewalk on the south side of Crest Road in Rancho
Palos Verdes approximately 500 feet east of the intersection with Crenshaw Boulevard. Plaintiff Tamara Ramsey served her
summons and complaint on St. John Fischer Catholic Church at 5448 Crest Road in Rancho Palos Verdes.
Describe In detail how the DAMAGE or INJURY occurred.
On or around January 25, 2018, St. John Fisher Catholic Church was served with the summons and
complaint in an action filed by plaintiff Tamarah Ramsey, who claims injuries from a fall that allegedly
occurred on a public sidewalk on the south side of Crest Road in Rancho Palos Verdes, California on May
22, 2017. St. John Fisher Catholic Church has been required to defend itself against the claims asserted
by plaintiff Tamara Ramsey in LASC case no. BC691411. St. John Fisher Catholic Church has suffered
and continues to suffer damages from attorney's fees, costs, and potential liability based on the Tamara
Ramsey lawsuit.
Why do you claim the city is responsible?
St. John Fisher Catholic Church contends that the alleged condition that caused plaintiff Tamara
Ramsey's fall was on property owned by the City of Rancho Palos Verdes. If there was any negligent act
or omission that caused plaintitrs alleged damages, the City of Rancho Palos Verdes is responsible for
such negligence. Since St. John Fisher Catholic Church has been sued on account of alleged negligence
by the City of Rancho Palos Verdes, St. John Fisher Catholic Church is entitled to implied indemnity and
equitable contribution for any fees, expenses, costs, damages, or liability it has or might incur.
Describe In detail each INJURY or DAMAGE.
St. John Fisher Catholic Church has incurred and continues to incur damages from attorney's fees,
costs, and potential liability based on the Tamara Ramsey lawsuit. To date, the damages exceed
7,000 and are increasing.
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 •••••.......•••..... $ o.oo Future expenses for medical and hospital care • $ ___ _
Expenses for medical and hospital care •.. $ o.oo Future loss of earnings ••.....••.••..•••.••• $ ___ _
Loss of earnings ••••••.•.•••••.•.••••• $ o.oo Other prospective special damages •.••.••••. $. ___ _
Special damages for ••••••••••••••••... $ s1.1s2.sa 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: $ $7, 792.58 and Increasing.
Was damage and/or injury Investigated by police? No 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: Ust all persons and addresses of persons known to have information:
Name David Ferrante, Esq. Address Weslerskl & ZUrek UP, Phone_2_
Name Address Phone _______ _
DOCTORS and HOSPITALS:
Hospital Not appllcable
Address. _____________ oate Hospitalized. ______ _
Doctor Not applicable. Address Date of Treabnent ------
Doctor ------------:Address Date of Treabnent -------
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 comers. 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
SIDEWALK
CURB Crest Road
PARKWAY
SIDEWALK
Typed Name:
Frederic F. Grannis
Date:
7/23/2018
CURB
Code Sec. 915a). Presentation of a false claim Is a felony (Pen. Code Sec. 72.)
A-2
FILE WITH: CLAIM FOR DAMAGES RESERVE FOR FILING STAMP
CITY CLERK'S OFFICE
City of Rancho Palos Verdes
TO PERSON OR PROPERTY
CLAIM NO . .;iO\~~ 06
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275 RECEIVEDINSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not CITY OF RANCHO PALOS VERDES
later than six months after the occurrence. (Gov. Code Sec. 911.2.)
JUL 24 20182. 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. (~ITY Cl,ERK;-S OFFICE4. 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 Date of Birth of Claimant
N/A
Name of Claimant Occupation of Claimant
The Roman Catholic Archbishop of Los Angeles, a corporation sole (RCALA)
Home Address of Claimant City and State Home Telephone Number
Business Address of Claimant City and State Business Telephone Number
3424 Wilshire Blvd., Los Angeles, California 9001 o (
Give address and telephone number to whichyou desire notices or Claimant's Social Security No.
communications to be sent regarding this claim:
None. Frederic F. Grannis, Stoner Grannis LLP
When did DAMAGE or INJURY occur? Names of any city employees involved In INJURY or DAMAGE
Date 01~1a Time
If claim Isfor Equitable Indemnity, give date
claimant served with the complaint
Date 01/25/2018
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:
The alleged fall experienced by plaintiff Tamara Ramsey occurred on the sidewalk on the south side of Crest Road in Rancho
Palos Verdes approximately 500 feet east of the intersection with Crenshaw Boulevard. Plaintiff Tamara Ramsey served her
summons and complaint on RCALA at 3424 Wilshire Blvd., in Los Angeles.
Describe in detail how the DAMAGE or INJURY occurred.
On or around January 25, 2018, RCALA was served with the summons and complaint in an action
filed by plaintiff Tamarah Ramsey, who claims injuries from a fall that allegedly occurred on a public
sidewalk on the south side of Crest Road in Rancho Palos Verdes, California on May 22, 2017.
RCALA has been required to defend itself against the claims asserted by plaintiff Tamara Ramsey in
LASC case no. BC691411. RCALA has suffered and continues to suffer damages from attorney's
fees, costs, and potential liability based on the Tamara Ramsey lawsuit.
Why do you claim the city Is responsible?
RCALA contends that the alleged condition that caused plaintiff Tamara Ramseys fall was on property
owned by the City of Rancho Palos Verdes. If there was any negligent act or omission that caused
plaintiff's alleged damages, the City of Rancho Palos Verdes is responsible for such negligence. Since
RCALA has been sued on account of alleged negligence by the City of Rancho Palos Verdes, RCALA
is entitled to implied indemnity and equitable contribution for any fees, expenses, costs, damages, or
liability it has or might incur.
Describe in detail each INJURY or DAMAGE.
RCALA has incurred and continues to incur damages from attorney's fees, costs, and potential
liability based on the Tamara Ramsey lawsuit. To date, the damages exceed $7,000 and are
increasing.
This Claim Must Be Signed on Page 2 B-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 •••.••.•.••••••.••.. $ o.oo Future expenses for medical and hospital care • $ ___ _
Expenses for medical and hospital care ••. $ o.oo Future loss of earnings ••.••••...••.•.•••.•• $ ___ _
Loss of earnings •........•••.•....•..• $ o.oo Other prospective special damages ••••••••.• $ ___ _
Special damages for ••.••.....••.•••.•. $ s1,1e2.ss 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: $ $7,792.58 and increasing.
Was damage and/or injury investigated by police? No 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 infonnation:
Name David Ferrante, Esq. Address Weslerskl & Zurek LLP, 100 Phone_21_
Name Address Phone _______ _
DOCTORS and HOSPITALS:
Hospital Not applicable Address. ______________ .Date Hospitalized. ______ _
Doctor Not applicable. 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 comers. If City Vehicle was "8·1" 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
Signature of Claimant or person filing o
his Ing relationship
NO
SIDEWALK
Crest Rd.
CURB
PARKWAY
SIDEWALK
Typed Name: Date:
Frederic F. Grannis 7/23/2018
Sec. 915a). Presentation of a false claim is a felony (Pon. Code Sec. 72.)
B-2
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 08/01/2017
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action regarding a claim against the City by Tamara Lynne
Ramsey.
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
REVIEWED BY: Gabriella Yap, Deputy City Manager
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Tamara Lynne Ramsey claim (page A-1)
BACKGROUND AND DISCUSSION:
The claimant states that she was walking on the public sidewalk that fronts St. John
Fisher Catholic Church in Rancho Palos Verdes, when she tripped over ivy and a
damaged chain-link fence that extended onto the sidewalk. The alleged incident
occurred on May 22, 2017, and the claim was filed on May 23, 2017.
The City’s Claims Administrator, Carl Warren and Company, has reviewed the claim
and advised the City to reject it, due to the determination that the ivy and fencing belong
to the church. Therefore, it does not appear as though the City has any liability for the
accident.
C-1
FILE WITH:
CITY CLERK'S OFFICE CLAIM FOR DAMAGES
i~~4~fHR:;~~.,i:a~~:,erdes TO 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
RESERVE FOR FILING STAMP
CLAIM NO. _____ _
RECEIVED
crTY OF-RANCHO PALOS VERDES
MAY 2 3 2017
Date of Birth of Claimant
Names of any city employees involved in INJURY or DAMAGE
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give ~treet names and a~dress and measu~ements from landmarks: Cres.-\--Rcx-.\'d > 0 fl +·he s ldeL>J Al~ ''"' ·~l\·1-
cA-· .st-.·J-;;l"·"' Ft~her-.5t'<Jf\ Ju:S-\-~r-1G.Z.~ +1Ae_ cirfvewQ::J,
8 ~3 O(l f'll o ri S -2 2 -I -7
Describe in detail how the DAMAGE or INJURY occurred. I u..'.).t:).$ WA \ I(_ \,..l.7 w ~-\-h ~-·ke S 1. e..rra...
C.Job ~ ·-t-r 1~e ed over-'~ bre>lcc::.n C~tf\ h \\)\c:.. -PeAce. cove_rer::i £" :Pvj
+h....+-L.<l AJ ,.she k:t.t\ S o o+ or\ 4· h.e .side~\ \c:; ,---L' lAAded o" IY\ ~ v..:i n sts
4 ~}PF\ce, -_L· WC\$ -~'£:et\ --k, ·-\-k \,..: R, 't..\-\~L + t0AS 6_~:y1uSec? c.v1.Jli:
Q:) LAC.es-4-hcr\ o-f .. e-~ltd e~;.-,c1~ I CoA-\-uSlCY\ ®~cd ""L':Ju•)@\'.=A-l(6)~\ 5\-i.--\-·wnst-
, rA\11, -:P rece · ·' · · A "' rvi "-lit. Mu de A:rc:.~S M 0 e <-ot'.\..S
/Why do you clai: the city is respon. sible? ~.01 i'-.) .cl--?Llsei 1S.n-h::.lo~>c\, CTSOV\ I.ta-cl-<'e')A--\-\;e_
'--/ '.f~ \ ' , r ·h,.. . . /;;; , . ® c:.u n r+ ><Jf\-') ne:y~-+we_
O()K_ lC,V\. ~ ~· b'b~-e'.'...11 · · lCC:.. ·h' L. . . . . . .
J · (..) 5 c_tcv15 ou+ oA. +~ -r=:-\c\ewa.. L l<\
Describe in detail each INJURY or DAMAGE. LA CC::S-4'" t:f"I O'~ f:t. )51-t+-eje l \.cl -l 0 s·h f.:_ heJ (
'R15h+ cl-tee\<; {~ ~ bt:AS,1on,,. ~U>n-:.+ s~/'A~u\
This Claim Must Be Signed on Page 2
C-2
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 ... $ TB 0 Future loss of earnings ..................... $ ___ _
Loss of earnings ...................... $ TB D Other prospective special damages .......... $ ___ _
Special damages for ................... $ Prospective general damages ............... $ ___ _
General damages ...................... $ ---\'£ .D
Total estimate prospective damages ....... $
Total damages incurred to date ........ $ ·""T"B D
Total amount claimed as of date of presentation of this claim:
Was damage and/or injury investigated by police? .f\o 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 Dr 5±-Ac':J,, EA a.-\ Tor1Mrc C'<bn&t,9/ /-fi,5f
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name Bil'. l4. N r? ~e I Address Phone
Name ''?.o I +A·'l S/+r-o ti Address Steru:t C lvh +h le~".:: Lea cler Phone
Name '~e v l 0 .Sc l, i llf)1"'<:7:5 e c Address ,J Phone
-MD PiDh~ ·+c:x::ic(,,1 -J..-+oN\01T-Oc.J \ DOCTORS and HOSPITALS: . \I ·,\
Hospital -Tur rAOce iYlcw162<A I lkf Address 3 5~_:,o I C(Y\(..:fc ()fod Date Hospitalized 5 2 2.-I (
Doctor Address ______________ Date of Treatment ______ _
Doctor Address Date of Treatment ______ _
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 "8" location of yourself or
CURBJ
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
"B-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.
5'-t-. J; 1--i l'-l
(::Is l-ier Lh t.iftl
SIDEWALK
CURBy
PARKWAY
Signature of Claimant or person filing on
his behalf giving relationship to Claimant:
SIDEWALK
Typed Name:
\ A CY\ A f:'A .. \:?_~,YI(('.:' J
Date:
NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.)
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