CC SR 20221004 G - Claim Against the City Dr. Nickolas Amir Loloee
CITY COUNCIL MEETING DATE: 10/04/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Nickolas Amir
Loloee.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Dr. Nickolas Amir Loloee.
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, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Dr. Nickolas Amir Loloee claim (page A-1)
B. Letter from Carl Warren & Company Tendering Claim to Los Angeles
County Sheriff Department, Contract Law Enforcement Bureau (page B-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 September 13, 2022, the City received a claim for damages from Martinian &
Associates Inc., representing Dr. Nickolas Amir Loloee. The claim was referred to Carl
Warren for review and investigation. The claimant states that on March 13, 2022, Dr.
Nickolas Amir Loloee suffered distress from a police officer’s use of excessive force and
violation of his civil rights. The claimant further alleges the City is at fault due to a City
employee causing post-traumatic stress disorder (PTSD) and worsening his heart
condition.
Deposition:
Carl Warren has reviewed the claim and found no liability as the City does not have its
own police department, and as such, no City employee was involved in the incident . The
City contracts with the Los Angeles County Sheriff's Department for law enforcement
services, and accordingly, Carl Warren & Company, has tendered the claim to the County
for their investigation and handling (Attachment B).
Carl Warren recommends denying the claim for damages.
2
A-1
A-2
A-3
A-4
A-5
PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
September 27, 2022
Los Angeles County Sheriff Department
Contract Law Enforcement Bureau
Attn: Unit Commander
211 W. Temple Street. 7`" Floor
Los Angeles, California 90012
RE: Principal : CJPIA
Member City : City of Rancho Palos Verdes
D/Event(s) : 3/13/2022
Claimant : Dr. Nicholas Loloee
Our File : 3038301
To whom it Concerns,
We are the claims administrators for the self-insured City of Rancho Palos Verdes. Attached is a
copy of a claim received by the city for your review. The City has received a claim from the law
offices of Martinian & Associates on behalf of Dr. Nicholas Loloee, where Dr. Nicholas Loloee
alleges the Los Angeles County Sheriff Department used excessive force and violated his civil
rights during an intersection on the above mentioned date.
The City of Rancho Palos Verdes, a CJPIA member, contracts with the County for law
enforcement. This claim is being tendered for your investigation and handling. Also, please note,
this claim is being rejected and we have provided the claimant with your information. Please
confirm receipt and acceptance of the tender and contact the claimant directly with your findings.
Best Regards,
CARL WARREN & CO.
Glen Raphael
Glen Raphael
Claims Examiner
Email: graphael@carlwarren.com
Office Tel.: 657 622 4315
Fax: (866) 254-4423
PO Box 2411, Tustin, CA 92781
B-1