CC SR 20210202 F - Claim Against the City Darlene Radell
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 02/02/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Darlene Radell.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Darlene Radell.
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. Darlene Radell 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 January 21, 2021, the City received a claim for damages from Darlene Radell
alleging that sometime during the evening of November 21 and November 22, 2020,
after parking her vehicle on a City street, a pinecone (s) fell from a City tree and
damaged her vehicles sunroof.
Deposition:
Carl Warren has reviewed the claim and found that there is no liability for the City; as
the City tree standards for trimming were met and the records established proved the
tree to be in good health. Falling pinecones cannot be prevented or predicted. Carl
Warren recommends denying the claim for damages.
2
ILE WITH: CLAIM FOR DAMAGES RESERVE FOR FILING STAMP
CITY CLERK'S OFFICE
City of Rancho Palos Verdes
30940 Hawthorne Blvd. TO PERSON OR PROPERTY
CLAIM NO.
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 Date of Birth of Claimant
Z)arke,he-aAr- 0//13 19q
Name of Claimant Occupation of Claimant
24y 15 s Ava 1op1 21 vd APF(v kWm1nqtpri CA A c c-ou&a +-
Home Address of Claimant y and State Home Telephone Number
13k\Ad e- v- vie CA y 14) IG u- 00 8 Z
Business Address of Claimant City and State Business Telephone Number
OawAorne Blvd Sic No` vance 91050 2N LI 6903 5 3 - I OL4 0
Give address and telephone number to which you desire notices or Claimant's Social Security No.
communications to be sent regarding this claim:
009-N-9735
When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE
Date NOV 21 /A/UV ZZ, 2yVrime UVatl i W
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:
Uts1d4F- 2-ko3-7 Tndiayi 19enk 'P -d ., pavked o ts16-e .
Describe in detail how the DAMAGE or INJURY occurred.
A pine Covie. avid W w\y WIV06 an6 sHOW6 'ik.
Why do you claim the city is responsible?
T he pmwe came fYom city gree .
Describe in detail each INJURY or DAMAGE.
Tke svn rood o my car \S COMVp ke\y S1nc 4 rea.
This Claim Must Be Signed on Page 2 A-1
he amount claimed, as of the date of presentation of this claim, is computed as follows:
Damages incurred to date (exact):Estimated
Damage to property ....................
prospective damages as far as known:
Future expenses for medical and hospital care
Expenses for medical and hospital care ... Future loss of earnings .................... :
Loss of earnings ...................... Other prospective special damages .......... 00
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: $
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 h lot
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name h 1A Address Phone
Name 049 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
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
14J1a'n f ea4
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.
CURB
Signature of Claimant or person filing on Typed Name: Date:
his behalf giving relationship to Claimant:
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. A-2
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Regarding the estimate to he broken glass of the sunmot Pads and Iabortotals to 862 35 plustax. INrourse the price may change incase we Fmtl other parts
nerving to be replaced Please let me know it you need any number into or have any other quesiions.
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