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CC SR 20220405 F - Claim Against the City Veronica Claire Alexandre CITY COUNCIL MEETING DATE: 04/05/2022 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action regarding a claim against the City by Veronica Claire Alexandre. RECOMMENDED COUNCIL ACTION: 1) Reject the claim and direct Staff to notify the claimant, Veronica Claire Alexandre. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Enyssa Momoli, Administrative Assistant REVIEWED BY: Teresa Takaoka, City Clerk APPROVED BY: Ara Mihranian, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Veronica Claire Alexandre 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 Cit y Attorney review each claim when received and work closely with Carl Warren throughout the claims process. 1 CITYOF RANCHO PALOS VERDES Mn Claimant: On March 21, 2022, the City received a claim for damages from Sahm Manouchehri Esq. on behalf of Veronica Claire Alexandre. The claim was referred to Carl Warren for review and investigation. The claimant’s attorney states that on December 30, 2021, a City tree branch fell, damaging the claimant’s home and causing injury to her. The claim alleges the City is at fault due to a lack of maintenance of the tree. Deposition: Carl Warren has reviewed the claim and found that there is no liability for the City as the tree is not within City boundaries. Carl Warren recommends denying the claim for damages. 2 A-1 FILE WITH: CITY CLERK'S OFFICE City of Rancho Palos Verdes 30940 Hawthorne B lvd. Ranc ho Palos Verdes , CA 90275 CLAIM FOR DAMAGES TO PERSON OR PROPERTY 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. C laims for damages to rea l property must be filed not later than 1 year after t he occur rence. (Gov. Code Sec. 911.2.) 3. Read enti re claim form before filing. 4. See Page 2 for d iagram upon which to locate place of accident. 5. TH IS CLAIM FORM MUST BE SIGNED ON PAGE 2 AT BOTTOM . 6 . Attach separate s heets, if necessary, to give full det ails. SIGN EAC H SHEET. TO: C ITY OF RANCHO PALOS VERDES Veronica Claire Alexandre Name of Claimant Home Address of Claimant Business Add ress of Cl aimant City and State Give address and tel ephone number to which you desire notices or communications t o be sent regarding this clai m: RESERVE FOR FILING STAMP CLAIM NO . 2 02..,2....-oe RECEIVED CITY OF RANCHO PALOS VERDES MAR 21 2022 CITY CLERK'S OFFICE Date of Birth of Cl aimant Occu pation of Claima nt NIA Home Te lephone Number Bu s iness Telephone Number Cl aimant's Social Se c urity No. When did DAMAGE or INJURY occur? Date 12/30/2021 T ime 2:00AM Names of any city employees involved in INJURY or DAMAGE --------If c laim is for Eq uitable Indemnity, give date claimant served with the complaint: Date W h ere did DAMAGE or INJURY occur? Describe f ull y, and locate on d i agram on Page 2. Where appropriate, give street names and add ress and measurements from landmarks: The tree was located on Torrance Boundary Trail before landing on Describe in deta il how the DAMAGE or INJURY occurred. The tree fe ll onto the back of a nearby home to land on Ms. Ve ronica Claire Alexandre. Wh y do you claim the city is responsi ble? . Please see photo attached. ), due to poor maintenance, causing cement The City created the da ngerous condition by failing to properly maintain a tree (i .e the dangerous condition) that crashed on to a home that the claimant was in causing her bodily injury . Not onl y was the tree trimmed on one-side, causing it to be side heavy, but also had poor drainage causing a likelihood of it falling . Add itiona ll y, the C ity had actual noti ce of the dangerous condition as sandbags were placed prior to the incident proving th e City was aware of th e instab ility of the tree and the dangerous condition it was in due to poor maintenance. Describe in detai l each INJURY or DAMAGE. Ms. A lexandre's injuries include, but are not limited to: a concuss ion, neck pain , ting li ng in arms , back, difficu lty breathing, and general body pain. Ms . Vero n ica Alexandre is currently treating and has not obtained fu ll diagnoses at this time. This Claim Must Be Signed on Page 2 A-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 ... $____ Future loss of earnings ..................... $ ___ _ Loss of earnings ..............•....... $.____ Other prospective special damages .......... $ ___ _ Special damages for ................... $____ Prospective general damages ............... $ ___ _ Total estimate prospective damages ....... $ To be determined General damages ...................... $. ___ _ Total damages incurred to date ........ $ To be determined Total amount claimed as of date of presentation of thi s claim: $ 5,000,000 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 d ate, time, name and address of doctor of your first visit_---,,-----,---,,,.....,---,.,.,..,.--.,..,..-,-----,--,--~ Ms. Veronica Claire A lexandre medical records and bill ing, a long with evidence of her pain and suffering, will be provided upon completion of care. WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information : Name N I A . 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 ______ _ Ms . Veronica Claire A lexandre medical records and b illi ng, along with ev idence of her pain and suffering, will be provided upo n completion of care. 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 b y 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 Please see photo attached. 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. SIDEWALK PARKWAY SIDEWALK Signature of Claimant or person filing on Typed Name: Date: his behalf 'mant: Sahm Manouchehri, Esq 03/04/2022 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-3 A-4 A-5 INJURY LAWYERS CENTURY PARK LAW GROUP 864 S. Robertson Blvd .. 3rd Floo r Los Angeles. CA 90035 Tel : 888.203 .1422 Fax : 888-203-1424 www.cplg .law DESIGNATION OF AUTHORIZED AGENT Pursuant to Section 2695.2 (C) of the California Code of Regulations, Title 10 , C hapter 5; I, the unders igned client, hereby grant CENTURY PARK LAW GROUP, A Professional Law Corp. authority for legal representation on all matters related to the hereinafter noted accident. Furthermore, I acknowledge, understand and agree that CENTURY PARK LAW GROUP, A Professional Law Corp. are the attorneys o f record in all matters related to the aforesaid incident and that all future correspondence and communications from third parties, including but not exclusive of insurance companies, investigators, adjustors, attorneys and defendants must be addressed directly to CENTURY PARK LAW GROUP, A Professional Law Corp. I AGREE THAT A PHOTOCOPY OF THIS AUTHORIZATION IS AS VALID AS AN ORIGINAL. Thi s authorization shall be valid for only three years from the below date unless renewed or revoked b y the undersigned. Any and all prior authorization(s) are h ereby revoked by th e undersigned as of the date of this authorization. SIGNATURE NAME DATE ADDRESS DATE OF LOSS Veronica Alexandre QJ /05/2022 F I 23825 Anza Ave #115, Torrance, CA 90505 12/30/2021