CC SR 20240319 C - Claim against the City Richard, Rommel, and Rex Guinto
CITY COUNCIL MEETING DATE: 03/19/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Richard, Rommel,
and Rex Guinto.
RECOMMENDED COUNCIL ACTION:
(1) Reject the claim and direct Staff to notify the claimant, Richard, Rommel, and Rex
Guinto.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Enyssa Sisson, Deputy City Clerk
REVIEWED BY: Teresa Takaoka, City Clerk
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Richard, Rommel, and Rex Guinto 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 February 5, 2024, the City received a claim for damages from Richard, Rommel, and
Rex Guinto. The claim was referred to Carl Warren for review and investigation. The
claimant states that his vehicle suffered damages on January 1, 2024. The claimant
alleges the City is at fault due to the breakage of a drainage pipe causing damage to his
property.
Deposition:
Carl Warren has reviewed the claim and advised the City to reject it due to the
determination that the claim was tendered to the County of Los Angeles. Carl Warren
recommends denying the claim for damages.
2
FILE WITH: CLAIM FOR DAMAGES RESERVE FOR FILING STAMP
CITY CLERK'S OFFICE ,z,u 2--'{ -of City of Rancho Palos Verdes TO PERSON OR PROPERTY CLAIM NO.
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
INSTRUCTIONS RECEIVED 1. Claims for death, injury to person or to personal property must be filed not CITY OF RANCHO PALOS VERDES 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
FEB O 5 2024 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.
CITY CLERK'S OFFICE 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
Richard Guinto, Rommel Guinto Rex Guinto Self
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 Claimant's Social Security No.
communications to be sent regarding this claim:
When did DAMAGE or INJURY occur? 8 03 Names of any city employees involved in INJURY or DAMAGE
Date 2/1/24 Time : am
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, gIv!:
street names and address and measurements from landmarks: The storm drainage pipe is located next door to us in their backyard located at
. This storm drainage water exited the faulty pipe and has destroyed
our back and front yard and the interior of our home located at
Describe in detail how the DAMAGE or INJURY occurred.
Feb. 1 2024 at 8 am we unfortunately experienced severe water damage to our property due to a
storm drainage pipe exploding and sending an overwhelming amount of storm drainage water onto
our property.
Why do you claim the city is responsible?
RPV storm drainage water has trespassed onto our property. Storm drainage water coming as far as
.
Describe in detail each INJURY or DAMAGE.
This storm drainage water had destroyed including but not limited to our front and back yards,
the interior of the home [ entire living room on the immediate 2 floors, entire kitchen, garage]
Currently all the floors and walls have been marked with water damage .
This Claim Must Be Signed on Page 2 A-1
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 ....... $ ___ _
General damages ...................... $ ___ _
Total damages incurred to date ........ $ ___ _
Total amount claimed as of date of presentation of this claim: $
The damages are in excess of 10k & are in excess of the jurisdictional limits of the limited
civil court.
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
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
CURB J
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 giving rela • o Cl imant:
Richard Guinto 2/5/24
NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 916a). 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.
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