CC SR 20180918 E - Claim Against the City SobreroRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 09/18/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action regarding a claim against the City by Oscar Sobrero.
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. Oscar Sobrero claim (page A-1)
BACKGROUND AND DISCUSSION:
The claimant states that while driving a U-Haul truck, he collided with a low-hanging tree
limb at Basswood Avenue near the front of a property at 5500 Ironwood Street. The
vehicle sustained damage to the top portion of cargo area (AKA “mother’s attic”). The
alleged incident occurred on May 26, 2018, and the claim was filed on June 13, 2018.
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 City’s arborist, West
Coast Arborist, is responsible for the inspection and maintenance of the trees within the
City. Therefore, it does not appear as though the City has any liability for the incident.
1
FILL WITH: CLAIM FOR UMAAGEE S,' RESERVE FOR FILING STAMP
CITY CLERK'S OFFICE
City of Rancho Palos Verdes
30940 Hawthorne Blvd. TO FFRSOH OR PROPERTY
CLAIM NO.
Rancho Palos Verdes, CA 90275
RECEIVEDINSTRUCTMS
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. g1 1.2.) 11TY OF RANCHO F"ALOS VERDES
2. Claims for damages to real property must be filed not later than I year after
the occurrence. (Gov. Code Sec. 911.2.) JUN 13 2018
3. Read entire claim form before filing.
4, See Page 2 for diagram upon which to locate place of accident.
CITY CLERKS OFFICFF, 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.
0: ' I T -Y CSF Rk,, N C F a 0 P A 1, 0 IS QPFR, D F S, Dpic, of Bflrth of .claimant
Name of Claimant 6`c-c—Upaflon of Claimant
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Horne Address of Claimant City H'vmc Telephoneandtate Number
Fusiness Address of Claimant City and State Business Telephone Number
6ive address and telephone number tc which you desire notices or Claimant's Social Security No.
communications to be sent regarding this claim:
When did DAMAGE or INJURY occur?
Date Time
Names of any city employees involved in INJ
0 -r -DAMAGE
X"20_L8___JA
Indemnity, If claim is f r Equitable give date No 1) claimant served with the complaint:
Date
Where did DAMAUL or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give
street names and address and measurements from landmarks:
A.
Describe in detail how the DAMAGE or INJURY occurred.
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Why do you claim the city is responsible?
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Describe in detail each INJURY or DAMAGE.
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This Claim k&ust 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 .................... $ J Future' expenses for medical and hospital care. $
Expenses for medical and hospital care 66 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 ........ 1—
Total amount claimed as of date of presentation of this claim:
Was damage arid/or injury investigated byICE,?— IM-) If so, what city?
Were paramedics or ambulance called? H so, name city or ambulance
If inliwed,--late rate, time, name and address of doctor of your first apicis
M -g -AV k os'k'_ U C CA e 'k cc"- ot, ?!,R 5 1'Iv K me4__
WITHESSES', to DA[AAGE o,,,T INJURY: Hst all persons arid. addresses of persons kno%,,"n to have information:
Address_ -Phone
Phone—_
Phone
DOCI ORS al AOSPITALS: .A
Hospital Address
Doctor Address <
Date Hospital!;Eed -------
of Treatment
Doctor Address 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 "B" location of yourself or
your vehicle when you first saw City vehicle; location of
City vehicle at tinne of accident by " A-1" and location of
yourself or your vehicle at the time of the accident by
1113-1" and the point of impact by "OK." NOTE: If diagrams
below do not fit the situation, attach hereto a proper
diagram signed by the claimant.
Signature of Glaimant or person filing on
hisbehalfgiving relationship to Claima-ril
SIDEWALK
SIDEWALK
Typed Nlame:
7,
mate:
KI 0 T E: C1. A I M S M U ST B E F I L C- D IfV I Y C L E A K ( G 0 v. C o d e Sec. 81 15 a), P r e s e—M-a-i-io-n-o-f I ------se leArn iE a felony (Pen, Code Sec. 72.)
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EQUIPMENT DAMAGE REPORT
5/26/2018 4:08 FM
Cour report number is 01069299-2018.
If you need further assistance please visit
http://uhaulcustomerresolution.com and reference your report number.
Rentai lnrormation---------- (
Equipment Number: DC 1387T Vehicle/!railer License Pio: AD51804 License State: AZ
Dispatching Location: 009505 Contract No: Return Date: 5/26/ 2018
Receiving Entity: 009505 Coverage: NO
Customer intormation----------
Customer Name: oscar sobrero Home Phone: Business:
Current Address: City: ST: ZZip:
Customer Driver License No:
Accident intormation----------
Accident Location: Unmown City: Paramount ST: CA
Accident Date: 5/26/2018 Accident Time: 2:30 Pbi
Was Accident Investigated? N It YES, Agency Name: Report Number:
U -Haul Equipment Driver Information: (If different than customer) ----- I
Pias Driver a U -Haul Employee? N
Driver, Name: Home Phone: Business:
Current Address: City: ST: Zip:
Driver Age: 0 Driver License Pio:
Driver Insurance Company: Policy Number:
jL Other Driver Information: (If applicable) ---------- (i1
Driver Name: Hone Phone: Business:
Current Address: City: ST: Zip:
Driver License Pio:
Driver Insurance Company: Policy Number:
Describe Damages to tither Vehicle:
Accident Detail and Equipment Damages ---------- (
Describe Accident and Damagea to U -Haul Equipment:
Customer pullers over to let a car pass him and hit the tree Moms attic passengers side is completely crushed
Non --Vehicle Property Damage or Customer
Cargo Damage? H
Injuries -1 At
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Page. 2 of 6
a l e o n a c In-, ow,
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llin vaf €tent I (OUT
Contract No: Equipment: Roadside Assistance: Dispatched From: 9505
Saturday, May 26, 2018 8:07 AM DC 1387T Visit uhaul.com/ help
Safe, Protection: (NO)
Customer Name:
29<95 —_--$29.9f $38.85DC138/T
PARAMOUNT, CA 9072-3
562) 602-1708
Rental Out Date/Time: 5/26/2018 8:07 AM Rental Due Date/Tirne: 5/26/20'18 3:30 PM
Failure to return tfte equipment by the Rental Due time may result in additional charges.
Equipment MI Out MI Rate
w
MI Charge Coverage Rental Rate Rental Charge Estimated Charges
AD51804-AZ--.-------------
17 89 x 10.0 1 29<95 —_--$29.9f $38.85DC138/T
REULAR, CHECK-IN - EMAIL ON FILE
Fue Tani; Capacity:40 Cellons
18 % ' YS %
Estimated Ga ns needed to retard to dispatched level of 1/4
Card Type: Act, unt: Type: Ref No.; Approver!:
Visa XXX XXXX,•XXXX-356 PREAUTH 814614760015 011748
Estimated Environmental Fee,: $1,00
Estimated Subtotal: $39.85
the bank has placed a D to 3 on Your account. This hold may appear c n your stat .rnent. Estimated Rental Tax: $3.78
U -Haul will not charge/credit your card until you return the equipment and your rental ch ,w es are Estimated Rental Charges: $43.63
calculated, if the actual rental charges exceed the held amount, or If your rental is extended, U -Haul
may charge the original amount and authorize a second amount for the estimated balance. Credit Card Authorization Amount: $43.63
Entry Method; Manual Application Label: Visa Merchant ID: 4445000055848 Net Paid Today: $0.00
I agree to verity my truck's fuel level is 114"' before leaving the prernises, I will return the vehicle with the same arnount of fuel as when dispatched and/or agree to pay a
5.25 per gallon convenience fee for the estimated fuel I do not replace, If returned will-, less than '1/4 tank, I agree to also pay a $30.00 service fee. U -Haul does riot
reimburse if this truck is returned with more fuel than what is printed on the receipt gauge. U -Haul pays for oil (save receipts).
SafeMove Declined for Equipment DC1387T.
U -Haul provides the Customer with minimurn limits of protection required by that state or province where arises any claim, suit or cause of action. This provided protection
is in excess or secondary to any insurance coverage(s) of the Customer. Customer assurnes Sole Responsibility for any and all liability that exceeds the applicable minirnurn
limits of protection for that state or province.
An autornobile liability insurance policy or a qualified self-insurance arrangement provides the authorized driver with the minimum limits required by the automobile
financial responsibility or compulsory insurance law of the jurisdiction in which the accident occurs.
I understand that this equipment must be returned to the same U -Haul location where it was rented. I understand that the minimum rental charge for equipment returned
to a different location is twice the amount of the current One Way rate from this U -Haul location to the actual drop-off location.
i understand that the equipment rented is water resistant and not water proof.
I acknowledge that I have received the appropriate User Instructions and acknowledge my responsibility to fully read and understand these User Instructions before
operating the equipment.
I understand that I will receive an email link to review the rental process and the U -Hand Store employees to feedback to U -Haul any complements, concerns, or requests that
I have about my rental.
understand that I can also contact U -Haul Customer Service at h-
understand that I am financially responsible for all damages to equipment.
I agree that distracted driving is dangerous and that driving while distracted is likely to lead to an accident/crash causing serious injury or death, I agree not to use a hand
held mobile phone (other than for an emergency call) and not to text while driving any U -Haul truck or towing any U -Haul Trailer, Tow Dolly or Auto Transport, My agreement
not to do so is material to U -Haul's decision to enter into.this Agreement, My failure to comply is material breach of this Agreement.
The following shall be admissible as evidence of negligence and breach of contract in any lawsuit or arbitration: 1) that the driver of the U -Haul truck, or vehicle towing any
U-Haul'I railer, Tow Dally or Auto Transport was texting while driving; 2) that the driver of the U -Hart] truck, or vehicle towing any U•Haul Trailer, Tow Dolly or Auto Transport,
was using any mobile phone (other than hands h ee or for an emergency call) vvl tile. driving,
I agree to submit all legal claims in accordance with the U+laul Arbitration Agreement, incorporated by reference, and available at k!IjQul corlli_/arfLt; at gp or from my local
U -Haul representative.
I acknowledge that I have received and agree to the terms and conditions of this Rental Contract and the Rental ContractAciclendurry
9505
oscar sobrero U -Haul Signature - ( 9505)
Questions or need help? Call pie.
s (562) 602-1708
69461162(H)
Point of Sale
https:Hpos.uhaul.net/secure/R'i'Al(S(ilgschyyovphix(lOy55dgc.n))IReceiptl(j'etReQeiptfltmll 5/26/2018
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SAFEMOVE DECLINED
CUSTOMER RESPONSIBLE
EQUIPMENT N0. i
IMPORTANT:
READ THIS
BEFORE SIGNING.
MOST PERSONAL
AUTO -INSURANCE
CARRIERS
DO NOT COVER
RENTAL TRUCKS.
THE CUSTOMER
ACKNOWLEDGES
THEY:
1) ARE RESPONSIBLE AND
AGREE TO PAY FOR ALL
DAMAGE TO THISU+IAUL U-NAUL VEHICLE THAT HAS NOT
BEEN NOTED BELOW.
m
CAB/BOX CL
RETURN CLEQ
OR PAY FEE CUST INITIAL
CUSTOMER DOCUMENTED DAMAGE: MARK AND DESCRIBEBELOWALLDAMAGEWHICHHASNOTBEENMARKED WITH A U -HAUL DAMAGESTICKERDECAL. USE THE CODE -LETTER INSTRUCTIONS ON THE REVERSE SIDE.
DESCRIBE DAMAGE:
NON-SAFEMOVE® RENTAL
2) HAVE "REJECTED" THE OPTIONAL SAFEMOVE PROTECTION PACKAGE. 3) MAY BE REQUIRED TO PAY THE DEDUCTIBLE PORTION UNDER THEIRPOLICYEVENIF IT DOES COVER RENTAL TRUCKS.
4) UNDERSTAND THAT THE DEPOSIT WILL BE APPLIED TOWARDANYDAMAGE.
5) HAVE BEEN MADE AWARE THAT MAJOR CREDIT-CARD COMPANIES DONOT PROVIDE A COLLISION DAMAGE WAIVER FOR RENTAL TRUCKS.
I CERTIFY THE ABOVE INFORMATION TO BE
10.
DISPATCHING SIGNATURE
RECEIVING CUSTOMER SERVICE REP. SIGNATURE
FOR DEPOSIT REFUND, TH
TAG MUST BE ATTACHED TO C
Visit us on the web -
PLETE AND CORRECT.
A
Z
O
cx
DEALER/CENTER NO.
DEALER/CENTER N0, DATE
IS VALIDATION a
ONTRACT HOLDER N
h D
VALIDATE CUSTOMER CONTRACT
IF NON-SAFEMOVE® RENTAL
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