CC SR 20210119 F - Claim Against the City - Karemera
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 01/19/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Emmanuel
Karemera.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Emmanuel Karemera.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Teresa Takaoka, Deputy City Clerk
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Emmanuel Karemera claim (page A-1)
BACKGROUND AND DISCUSSION:
The City of Rancho Palos Verdes (City) is a member of the California Joint Powers
Insurance Authority (Authority), which provides risk management services and handles
any liability claims received by the City. Under the current practice, claims presented to
the City Clerk are forwarded by the Authority to a third-party claims administrator, Carl
Warren and Company (Carl Warren) for adjusting.
Carl Warren’s staff reviews each claim on its merits and contacts the City with any
requested action pertaining to the disposition of the claim. The City Clerk and the City
Attorney review each claim when received and work closely with Carl Warren
throughout the claims process.
1
Claimant:
On December 2, 2020, the City received a claim for damages from Emmanuel
Karemera and was referred to Carl Warren for review and investigation. The claimant
states his property suffered extensive damage due to a level 3 water backup from the
city sewer line. He alleges that the city is responsible for the damage as the work being
performed on the sewer was City driven.
Deposition:
Carl Warren has reviewed the claim and found that there is no liability for the City as the
claimant’s property is located outside the City of Rancho Palos Verdes jurisdiction. Carl
Warren recommends denying the claim for damages.
2
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:
____________________________________________________________________________________________________________
Describe in detail how the DAMAGE or INJURY occurred.
____________________________________________________________________________________________________________
Why do you claim the city is responsible?
____________________________________________________________________________________________________________
Describe in detail each INJURY or DAMAGE.
____________________________________________________________________________________________________________
This Claim Must Be Signed on Page 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
RESERVE FOR FILING STAMP
CLAIM NO. ________________
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 Date of Birth of Claimant
Name of Claimant Occupation of Claimant
Home Address of Claimant City and State Home Telephone Number
Business Address of Claimant City and State Business Telephone Number
Give address and telephone number to which you desire notices or
communications to be sent regarding this claim:
Claimant’s Social Security No.
When did DAMAGE or INJURY occur?
Date _________________ Time _________________
If claim is for Equitable Indemnity, give date
claimant served with the complaint:
Date
Names of any city employees involved in INJURY or DAMAGE
Emmanuel Karemera
GA Public Adjusters PO Box 678, Monterey Park, CA 91754 626-765-1885
12/2/2020
The backup stemmed from the municipal water line.
(310) 924-4676
Damage occurred in three bathrooms of the home locared at
Level 3 water backup in all lines of the home and water overflow in all toilets, sinks and bath/showers. Water resulted in sinks,
cabinets and fixtures being exposed to contaminated water, damaged and exposed carpet and flooring in all bathrooms that runs
continuously into about 80% of the home including halls, stairway, kitchen, pantry, four bedrooms and closet, and foyer/entry.
Sudden level 3 water backup on municipal water line.
Back up coincided with work being performed on the city sewer from the street in front of by National
Plant Services
This occurred while work was being done to the line for the city that had been arranged by the city.
A-1
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 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.
___________________________________________________________________________________________________________
Signature of Claimant or person filing on
his behalf giving relationship to Claimant:
Typed Name: 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.)
THIS DOCUMENT IS A PUBLIC RECORD AND MAY BE PROVIDED TO A REQUESTOR UPON DEMAND.
The amount claimed, as of the date of presentation of this claim, is computed as follows:
Damages incurred to date (exact):
Damage to property . . . . . . . . . . . . . . . . . . . . $_________
Expenses for medical and hospital care . . . $_________
Loss of earnings . . . . . . . . . . . . . . . . . . . . . . $_________
Special damages for . . . . . . . . . . . . . . . . . . . $_________
General damages . . . . . . . . . . . . . . . . . . . . . . $_________
Total damages incurred to date . . . . . . . . $_________
Estimated prospective damages as far as known:
Future expenses for medical and hospital care . $_________
Future loss of earnings . . . . . . . . . . . . . . . . . . . . . $_________
Other prospective special damages . . . . . . . . . . $_________
Prospective general damages . . . . . . . . . . . . . . . $_________
Total estimate prospective damages . . . . . . . $_________
Total amount claimed as of date of presentation of this claim: $
Was damage and/or injury investigated by police? __________ 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______________________________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
$107,521.19
$107,521.19
107,521.19
No
No
Geoff Hedgepeth
Geoff Hedgepeth, Public Adjuster 1/4/2021
A-2