CC SR 20240806 H - Claim Against the City Edwina Matharu
CITY COUNCIL MEETING DATE: 08/06/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Edwina Matharu.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Edwina Matharu.
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. Edwina Matharu 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.
Claimant:
On July 1, 2024, the City received a claim for damages from Edwina Matharu. The claim
was referred to Carl Warren for review and investigation. The claimant states that her
house on Colt Road suffered damages between January-June 2024, including cracks on
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various walls, ceilings, doorway, as well as a portion of her house and backyard sinking
towards a canyon (see Attachment A). The claimant alleges the damages seem to be
linked to one or more previous earthquakes, and that the City is at fault for the damages
caused to her home.
Deposition:
Carl Warren has reviewed the claim and advised the City to reject it due to the
determination that there is no liability on the City for damages or injuries caused by an
earthquake. Additionally, there is no record of any City public improvements that may
have compromised the foundation of the claimant’s property. Thus, Carl Warren
recommends denying the claim for damages.
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