CC SR 20230418 D - Claim Against the City Jeffrey Lewis
CITY COUNCIL MEETING DATE: 04/18/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Jeffrey Lewis.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Jeffrey Lewis.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Enyssa Sisson, Administrative Analyst
REVIEWED BY: Teresa Takaoka, City Clerk
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Jeffrey Lewis 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
RANCHO PALOS VERDES
Claimant:
On March 14, 2023, the City received a claim for damages from Jeffrey Lewis. The claim
was referred to Carl Warren for review and investigation. The claimant states that his
fence suffered damage on February 24, 2023. The claimant alleges the City is at fault
due to a City tree causing damage to his fence.
Deposition:
Carl Warren has reviewed the claim and advised the City to reject it due to the
determination that the tree fell due to an act of nature (weather related). The tree’s
standards for planting were met and the records established proved the tree to be in good
health. Carl Warren recommends denying the claim for damages.
2
A-1
FILE WITH:
CITY CLERK'S OFFICE
City of Rancho Pa los Verdes
30940 Hawthorne Blvd.
Rancho 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 flied not
later than six months after the occurrence. (Gov. Code Sec. 911.2.)
2. Claims for damages to real property must be flied not later than 1 year after
the occurrence. (Gov. Code Sec. 911.2.)
3. Read entire claim fonn 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
Jeffrey Lewis
Name of Claimant
City and State
City and State -Give address and telephone number to which you desire notices or
communications to be sent regarding this c laim:
Feb. 24, 2023, 10:30 pm
RESERVE FOR FILING STAMP
CLAIM NO.
RECEIVE D
CITY OF RANCH O PALOS VERDES
MAR 14 2023
CITY CLERK'S OFFICE
Date of Birth of Claimant
Occupation of Claimant
Attorney
Home Telephone Number
n/a
Business Telephone Number
When d id DAMAGE or INJURY occur?
Date _______ Time ______ _
Names of any city employees involved in INJURY or DAMAGE
None
If claim is for Equitable Indemnity, give date
clalmant 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:
Front yard of my h ome: , see attached photo.
Describe in detail how the DAMAGE or INJURY occurred.
The city planted a city owned tree in fron t of my home. The city did not dig deep enough and
the root ball was very shallow. During high winds, the tree fell on my fence and damaged it.
Why do you claim the city is responsible?
The city planted a tree it should not have planted and did not dig the roots deep enough for the tree
to hold it in place.
Describe in detail each INJURY or DAMAGE.
My fence is damaged and will need to be repaired or replaced. I have received a quote of $500
to do either.
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 ••...........•...... $ soo .oo 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 ....... $ ___ _
General damages ......••..••..•....••. $ ___ _
Total damages Incurred to date ........ $ soo .oo
Total amount claimed as o f date of presentation of this claim: $ 500.00
Was damage and/or injury investigated by police? No If so, what city? ________________ _
Were paramedics or ambulance called? ____ If so, name c ity 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 i nformation:
Name Jeff Lewis Address ________________ Phone ________ _
Name K im Lew is 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 d iagram names
of streets, including North, East, South, and West; Indicate
place of accident by "X" and by showing house numbers
or distances to street comers. 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
CURB
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 flt the situation, attach hereto a proper
diagram signed by the claimant.
SIDEWALK
PARKWAY
SIDEWALK
Signature of C laimant or person filing on Typed Name: Date:
hi lmant: Jeff Lewis March 5 , 2023
NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim ls a felony (Pen. Code Sec. 72.)
THIS DOCUMENT IS A PUBLIC RECORD AND MAY BE PROVIDED TO A REQUESTOR UPON DEMAND.
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