CC SR 20240507 H - Claim Against the City Hortencia Garcia
CITY COUNCIL MEETING DATE: 05/07/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Hortencia Garcia.
RECOMMENDED COUNCIL ACTION:
(1) Reject the claim and direct Staff to notify the claimant, Hortencia Garcia.
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. Hortencia Garcia 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 21, 2024, the City received a claim for damages from Hortencia Garcia. The
claim was referred to Carl Warren for review and investigation. The claimant states that
on November 6, 2023, she fell on City property and suffered injuries due to uneven road.
The claimant alleges that the City's uneven road caused her injuries.
Deposition:
Carl Warren has reviewed the claim and found there is no liability for the City as the
incident did not occur in the City of Rancho Palos Verdes. Carl Warren recommends
denying the claim for damages.
2
A-1
FILE WITH:
CITY CLERK'S OFFICE
City of Rancho Palos 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 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
ov-t-enoi OJ re,'q
Give address and telephone numoer to which you desire notices or
communications to be sent regarding this claim:
When di~ DAMA¥E or INJURY OCG!4r?
Date tf /_ 0 b LWlJ Time f:J t)fh
If claim is for Equitable Indemnity, five date
claimant served with the complaint:
Date
RESERVE FOR FILING STAMP
CLAIM NO. _____ _
RECEIVED
CITY OF RANCHO PALOS VERDES
MAR 21 2024
CITY CLERK'S OFFICE
Occupation of Claimant
.. •• .. .. ...... A l ..... ,
Business Telephone Number
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:
Describe in detail each INJURY or DAMAGE. . f
~ \)ro \Ce., VV\ 7 \'\ "-"' d 6\ ~O\
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 ....... $ ___ _
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? tJ O If so, what city? ________________ _
Were paramedics or ambulance called? \,~Q 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:
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 Vehi c;le was
involved, designate by letter "A" location of City Vehicle
when you first saw it, and by "B" location of yourself or
CUR BJ
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
Signature of Claimant or person filing on
his behalf giving relationship to Claimant:
SIDEWALK
Typed Name: Date:
t ,, ' ' I : I '' --K (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.
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