CC SR 20240507 J - Claim Against the City John Lu
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 John Lu.
RECOMMENDED COUNCIL ACTION:
(1) Reject the claim and direct Staff to notify the claimant, John Lu.
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. John Lu 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 6, 2024, the City received a claim for damages from John Lu. The claim was
referred to Carl Warren for review and investigation. The claimant states that his vehicle
suffered damage on February 13, 2024. The claimant alleges the City is at fault due to a
falling City tree branch causing damage to his vehicle.
Deposition:
Carl Warren has reviewed the claim and requested additional information from the
claimant to assist with locating the subject tree. The claimant did not provide requested
information including the specific tree location thereby not allowing Carl Warren to further
investigate. Carl Warren recommends denying the claim for damages.
2
John Lu
CITY OF RANCHO PALOS VERDES
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
31 0-544-5200
D ear Sir:
On February 13, 2024 approximatel y 9 am, wh ile driving
RECEIVED
CITY OF RANCHO PALOS VEAOES
MARO 6 2024
CITY CLERK'S OFFICE
y car was struck by a falling branch
from a city tree while traveling on the left hand lane. I hav~ included the estimate for
repairing the damage to my 2012 Toyota Sienna XLE caused by the falling tree branch
which totals $1,099.91.
I hope the C ITY OF RANCHO PALOS VERDES can pay for the damage to the hood of
my vehicle caused by your city tree. I had asked the City of Rolling Hills Estates and
they informed me that this stretch of road belongs to the CITY OF RANCHO PALOS
VERDES.
Thank you,
John Lu
February 26, 2024
A-1
Date: 2/16/2024 08 :31 AM
Estimate ID: 668
Estimate Version: O
Preliminary
Profile ID: Mitchell
Line
hem --
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PROMISE AUTO LLC
1610 W ARTESIA BLVD STE A 14, GARDENA, CA 90248
Damage Assessed By: MITCHELL MITCHELL
Classification: None
Deduct ible: UNKNOWN
Insured: JOHN LU
Description:
Body Style:
VIN :
OEM/ALT:
Options:
Entry Labor
Number Type
101711 BOY
101229 BOY
101247 BOY
AUTO REF
101248 BOY
101723 REF
101725 REF
102852 BOY
100023 BOY
AUTO REF
AUTO
Mitchell Service: 911308
2012 Toyota Sienna XLE
Van 119" WB Drive Train : 3.SLlnj 6 Cyt FWD
License :
Search Code: None
PASSENGER AIRBAG, POWER DRIVER SEAT, POWER LOCK. POWER WINDOW, POWER STEERING
REAR WINDOW DEFOGGER, AIR CONDITION, REAR WINDOW WIPER, CRUISE CONTROL
TILT STEERING COLUMN, AM/FM STEREO, DRIVER AIRBAG, HEATED EXTERIOR MIRROR
REAR (DUAL.ZONE) AC, LEATHER SEAT, POWER PASSENGER SEAT
FRONT SIDE AIRBAG WITH HEAD PROTECTION, ANTI-LOCK BRAKE SYS ., TRACTION CONTROL
FOG LIGHTS, ALUM /ALLOY WHEELS, REARVIEW CAMERA, POWER UFTGATE\TRUNK
TIRE INFLATION/PRESSURE MONITOR, ANTI• THEFT SYSTEM, AUXILIARY INPUT
BLUETOOTH WIRE LESS CONNECTIVITY, LEATHER STEERING WHEEL, SATELLITE RADIO
CD PLAYER. POWER ADJUSTABLE EXTERIOR MIRROR, SUNROOF/MOONROOF, PRIVACY GLASS
AUTO AIR CONDITION, TRIP COMPUTER, FIRST ROW BUCKET SEAT, SECOND ROW BUCKET SEAT
UNIVERSAL GARAGE DOOR OPENER, THIRD ROW SEAT .
REAR HEATING, VENTILATION & AIR CONDITIONING, SIDE AIRBAGS, AUTOMATIC HEADLIGHTS
SECOND ROW SIDE AIRBAG WI TH HEAD PROTECTION
INTERIOR AUTOMATIC DAY/NIGHT OR ELECTROCHROMATIC MIRROR, THIRD DOOR, MP3 PLAYER
DAYTIME RUNNING LIGHTS, 4 DOORS, DRIVER SEAT WITH POWER LUMBAR SUPPORT
ELECTRONIC STABILITY CONTROL, FRONT HEATED SEATS, KEYLESS ENTRY SYSTEM
POWER DRIVER SLIDING DOOR, POWER PASSENGER SLIDING DOOR, REAR SPOILER
STEERING WHEEL AUDIO CONTROLS
Line hem P art Type/
Operation Description Part Number
REMOVE/INSTALL Fn Bumper Cove r
REMOVE/INST ALL L Fro nt Combination Lamp
REPAIR Hood Panel Existing
REFINISH Hood Outside
REMOVE/REPLACE Hood Adhesive Emblem 75441-0802 0
BLEND L Fender Outside
BLEND L Add To Edge Fender
REMOVE/INSTALL L Fender Mudguard
REMOVE/INST ALL L Rocker Mo ulding
ADD'LOPR Clear Coat
ADD'LCOST Paint/Materials
* -Judgment Item
# -Labor Note Applies
C • Included in Clear Coat Cale
ESTIMATE RECALL NUMBER: 02114/202413:35 :47 668
Mitchell Data Ve rsion : FEB_23_V
Software Version: 7.1.242
Copyright (C) 1994 • 20 23 Mltchell lntematlonal
All Rights Reserve d
Dollar Labor
Amount Units --INC #
1.3 #
3.0*
C 2.4
40.08 0.2
C 0.8
C 0.2
0.2
0.5
1.3*
329.00 •
Page 1 of 2
A-2
A-3
I. Labor Subtotals
Body
Refinish
Labor Summary
Ill. Additional Costs
Taxable Costs
Units Rate ---
5.2 70.00
4.7 70.00
Taxable Labor
9.9
Sales Tax
Total Additional Costs
Paint Material Method: Rates
Add'I
Labor
Amount
0.00
0.00
@
Estimate Totals
Sublet
Amount
0.00
0.00
10.250%
Totals
364.00 T
329.00 T
693.00
693.00
Amount
329.00
33.72
362.72
lnit Rate = 70.00 , lnit Max Hours = 99.9, Addi Rate = 0.00
Date: 2/16/2024 08:31 AM
Estimate ID: 668
Estimate Version: 0
Preliminary
Profile ID: Mitchell
II. Part Replaceme,nt Summary
Taxable Parts
Sales Tax @
Total Replacement Parts Amount
IV. Adjustments
I.
II.
Ill.
IV.
Customer Responsibility
Total Labor:
Total Replacement Parts:
Total Additional Costs:
Gross Total:
Total Adjustments:
Net Total:
10.250%
This is a preliminary estimate.
Additional changes to the estimate may be required for the actual repair.
ESTIMATE RECALL NUMBER: 02/14/202413:35:47 668
Mitchell Data Version: FEB_23_V
Amount
40.08
4.11
44.19
Amount
0.00
693.00
44.19
362.72
1,099.91
0.00
1,099.91
Copyright (C) 1994-2023 Mitchell International
All Rights Reserved
Page 2 of 2
Software Version: 7.1.242