CC SR 20241001 D - Claim Against the City Aviles
CITY COUNCIL MEETING DATE: 10/01/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Jessica Aviles.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Jessica Aviles
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. Jessica Aviles 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
CITYOF RANCHO PALOS VERDES
Claimant:
On June 13, 2024, the City received a claim for damages from Jessica Aviles. The claim
was referred to Carl Warren for review and investigation. The claimant states that her
vehicle suffered damages on June 12, 2024 along Palos Verdes Drive West. The claimant
alleges that the City is responsible for the damage to her vehicle due to the construction
on the road.
Deposition:
Carl Warren has reviewed the claim and advised the City to reject it due to not having any
reports of nail debris on the roadway. There was no constructive notice, per Government
Code Section 835.4 (b). Carl Warren recommends denying the claim for damages.
2
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 how the DAMAGE or INJURY occurred.
____________________________________________________________________________________________________________
Why do you claim the city is responsible?
____________________________________________________________________________________________________________
Describe in detail each INJURY or DAMAGE.
____________________________________________________________________________________________________________
This Claim Must Be Signed on Page 2
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
RESERVE FOR FILING STAMP
CLAIM NO. ________________
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 of Claimant
Name of Claimant f Claimant
Home Address of Claimant City and State one Number
Business Address of Claimant City and State ephone Number
Give address and telephone number to which you desire notices or
communications to be sent regarding this claim:
ocial Security No.
When did DAMAGE or INJURY occur?
Date _________________ Time _________________
If claim is for Equitable Indemnity, give date
claimant served with the complaint:
Date
Names of any city employees involved in INJURY or DAMAGE
A-1
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
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.
___________________________________________________________________________________________________________
Signature of Claimant or pe
his behalf giving relationsh
Typed Name: Date:
NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (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.
The amount claimed, as of the date of presentation of this claim, is computed as follows:
Damages incurred to date (exact):
Damage to property . . . . . . . . . . . . . . . . . . . . $_________
Expenses for medical and hospital care . . . $_________
Loss of earnings . . . . . . . . . . . . . . . . . . . . . . $_________
Special damages for . . . . . . . . . . . . . . . . . . . $_________
General damages . . . . . . . . . . . . . . . . . . . . . . $_________
Total damages incurred to date . . . . . . . . $_________
Estimated prospective damages as far as known:
Future expenses for medical and hospital care . $_________
Future loss of earnings . . . . . . . . . . . . . . . . . . . . . $_________
Other prospective special damages . . . . . . . . . . $_________
Prospective general damages . . . . . . . . . . . . . . . $_________
Total estimate prospective damages . . . . . . . $_________
Total amount claimed as of date of presentation of this claim: $
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
A-2
CURB J
SIDEWALK
PARKWAY
SIDEWALK
CURB °"""l"
MAJESTIC_B 22 ACURA ILX 13092 13093
16DEC21 D 16:23 12JUN24CASH 12JUN24
SOLD-STK:NA003299 DLR:30956 ENG:2.4L_4_CYL TRN:A
17:00 12JUN24 13:06 12JUN240.00
A MULTI-N MULTI POINT INSPECTION NOT COMPLPETED THIS VISIT
CAUSE: Performed MPI
MULTI-N MULTI POINT INSPECTION NOT COMPLPETED
THIS VISIT
7284IAEPS (N/C)
GTIRE TIRES MEASURE IN THE GREEN,TIRES IN GOOD
SHAPE AT THIS TIME.
7284IAEPS (N/C)
PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE A: 0.00
13092 THE MPI IS done. N/A
****************************************************
B Your Service Advisor has set your vehicles next service appointment
for ____________ (date) at ______ (time).You will receive a
email & phone call prior to this date to confirm the
appointment. If yo
NSA Your Service Advisor has set your vehicles
next service appointment for ____________
(date) at ______ (time).You will receive a
email & phone call prior to this date to
confirm the appointment. If yo
7284IAEPS (N/C)
PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE B: 0.00
13092 n/a
****************************************************
C ADJUST PSI ON ALL 4 TIRES PER CUSTOMER REQUEST TO FACTORY SPECS.
R/F___R/R___L/F___L/R___
PSIA ADJUST PSI ON ALL 4 TIRES PER CUSTOMER
REQUEST TO FACTORY SPECS.
R/F___R/R___L/F___L/R___
7284IAEPS (N/C)
PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE C: 0.00
13092 THE AIR PRESSURE WAS ADJUSTED ON ALL 4 TIRES. THE AIR
PRESSURE WAS ADJUSTED ON ALL 4 TIRES.
****************************************************
Home:Bus:
326641
179
8623 GABRIELLE DE LOS A
Service Advisor:
Invoice #:
Tag #:
6986367
JESSICA AVILES
Customer #:
Cell:
*INVOICE*
Email:
|home
Page 1 of 3Customer Copy
D
E
S
C
R
I
P
T
I
O
N
LABOR AMOUNT
PARTS AMOUNT
GAS, OIL, LUBE
SUBLET AMOUNT
MISC. CHARGES
TOTAL CHARGES
LESS INSURANCE
SALES TAX
PLEASE PAY
THIS AMOUNT
MILEAGE OUT
INV. DATE
YEAR MAKE/MODEL VIN LICENSE MILEAGE INCOLOR
OPTIONS:
WARR. EXP.R.O. OPENEDPROMISED READYPO NO.PAYMENTDEL DATE
T
O
T
A
L
S
RATEPROD. DATE
We are a proud retailer of
OriginalEquipment(OE) parts,
sourced from the vehicle
manufacturer and backed by
its limited warranty.
We also offer high quality
non-OE parts that are suitable
for your vehicle and fit all
budgets and needs. If you
have chosen a non-OE part, it
will be identified on your
invoice as "AP*." These
non-OE (AP*) parts are not
sourced from the vehicle's
manufacturer or covered by
its warranty.Non-OE parts
come with a limited warranty
backed by AutoNation and/or
the parts manufacturer.
If we receive payments related to the goods or services provided hereunder from any third party (e.g., a check under a Service Contract),
you agree that we may retain all such monies as if same was a payment from you and apply such funds to any outstanding indebtedness
of yours. You hereby grant us a power of attorney to endorse or otherwise sign your name and to deposit such funds into the dealership's
account to carry out the intent of this provision.
DATE CUSTOMER SIGNATURE
By signing below, you acknowledge that you were notified of and authorized the dealership to perform the services/repairs itemized in this
Invoice and that you received (or had the opportunity to inspect) any replaced parts as requested by you. The vehicle is being returned to
you in exchange for your payment of the amount due.
CALL/TEXT AUTHORIZATION: YOU HEREBYAUTHORIZE US TO MAKE RECURRINGCALLS, TEXTS, AND TRANSMIT VOICEMAILS TO YOU AT
YOUR PHONENUMBER(S), INCLUDING BY USE OF AN AUTOMATED SYSTEM, REGARDINGSALESAND/OR SERVICEOF YOUR VEHICLE.YOU
UNDERSTAND YOUR AGREEMENTIS NOT A CONDITION OF PURCHASING GOODS OR SERVICES AND YOU MAY OPT OUT YOUR PHONE
NUMBER(S) BY NOTIFYING YOUR SERVICE ADVISOR OR TEXTING STOP TO ANY MESSAGE RECEIVED. MSG & DATA RATES MAY APPLY.
2023 CDK Global, LLC (10/23) SERVICE INVOICE TYPE 2 - XCASI2C - AUTONATION -"LIMITED WARRANTY" - CALIFORNIA - 8974054
ALL PARTS ARE NEW
UNLESS OTHERWISE
INDICATED.
Some Parts Not ReturnableI acknowledge notice and oral approval of an increase in the original estimated price.
HAZARDOUS WASTE DISPOSAL
COSTS:We have added this
charge to cover costs associated
with the handling, management
and disposal of hazardous waste
or substances under California
and Federal Law.
NOTICE TO CONSUMERS: PLEASE READ IMPORTANT INFORMATION ON ATTACHED PAGES.
AutoNation Acura South Bay
B.A.R. LICENSE # AE-178547 EPA # CAL000140943
25341 Crenshaw Boulevard
Torrance, CA 90505
(310) 539-3636
(800) 92-ACURA
A-3
AutoNation .
ACURA ------------..---
=---777---...........,_1 I -5555-~-~----'----------,-,-_____.___,_I 1-------.---L-11-~I ....___I --
□
,,.-,-, DealerCAP.
MAJESTIC_B 22 ACURA ILX 13092 13093
16DEC21 D 16:23 12JUN24CASH 12JUN24
SOLD-STK:NA003299 DLR:30956 ENG:2.4L_4_CYL TRN:A
17:00 12JUN24 13:06 12JUN240.00
D COMPLIMENTARY CAR WASH-EXTERIOR HAND WASH WITH LIGHT VACUUM- THIS IS
NOT A DETAIL.
WASH COMPLIMENTARY CAR WASH-EXTERIOR HAND WASH
WITH LIGHT VACUUM- THIS IS NOT A DETAIL.
7284IAEPS (N/C)
PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE D: 0.00
13092 THE CAR WILL BE TAKEN TO THE WASH. THE CAR WILL BE TAKEN TO
THE WASH.
****************************************************
E CUSTOMER DTATES TIRE PRESSURE FOR LEFT REAR TIRE IS GRADUALLY
DECREASING. CHECK/ADVISE
CSWL CUSTOMER DTATES TIRE PRESSURE FOR LEFT REAR
TIRE IS GRADUALLY DECREASING. CHECK/ADVISE
7284IAEPS (N/C)
PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAL LINE E: 0.00
13092 NEW TIRE WAS MOUNTED AND BALANCED AND INSTALLED #7284
FOUND A NAIL PUNCTURE AT AN ANGLE IN THE LEFT REAR TIRE CAUSED BY
THE ROADS. TIRE REPLACEMENT RECOMMENDED.
*UPDATE: NEW TIRE WAS MOUNTED AND BALANCED AND INSTALLED.
****************************************************
F** Tires - Mount and Balance
MA44 Tires - Mount and Balance
7284 CAZM 45.00 45.00
1 42751-CTL-014 TIRE 225/40R18 CONTI CONTACT
PRO 235.99 235.99 235.99
DOT AW5NWBX91823
1 T1 State Tire Fee 1.75 1.75 1.75
1 T2 Tire Waste Removal Fee 2.50 2.50 2.50
PARTS: 235.99 LABOR: 45.00 OTHER: 4.25 TOTAL LINE F: 285.24
13092 NEW TIRE INSTALLED. NEW TIRE INSTALLED.
****************************************************
G** Four Wheel - Align
FS02 Four Wheel - Align
7284 CAZM 140.00 140.00
Home:Bus:
326641
179
8623 GABRIELLE DE LOS A
Service Advisor:
Invoice #:
Tag #:
6986367
JESSICA AVILES
Customer #:
Cell:
*INVOICE*
Email:
|home
Page 2 of 3Customer Copy
D
E
S
C
R
I
P
T
I
O
N
LABOR AMOUNT
PARTS AMOUNT
GAS, OIL, LUBE
SUBLET AMOUNT
MISC. CHARGES
TOTAL CHARGES
LESS INSURANCE
SALES TAX
PLEASE PAY
THIS AMOUNT
MILEAGE OUT
INV. DATE
YEAR MAKE/MODEL VIN LICENSE MILEAGE INCOLOR
OPTIONS:
WARR. EXP.R.O. OPENEDPROMISED READYPO NO.PAYMENTDEL DATE
T
O
T
A
L
S
RATEPROD. DATE
We are a proud retailer of
OriginalEquipment(OE) parts,
sourced from the vehicle
manufacturer and backed by
its limited warranty.
We also offer high quality
non-OE parts that are suitable
for your vehicle and fit all
budgets and needs. If you
have chosen a non-OE part, it
will be identified on your
invoice as "AP*." These
non-OE (AP*) parts are not
sourced from the vehicle's
manufacturer or covered by
its warranty.Non-OE parts
come with a limited warranty
backed by AutoNation and/or
the parts manufacturer.
If we receive payments related to the goods or services provided hereunder from any third party (e.g., a check under a Service Contract),
you agree that we may retain all such monies as if same was a payment from you and apply such funds to any outstanding indebtedness
of yours. You hereby grant us a power of attorney to endorse or otherwise sign your name and to deposit such funds into the dealership's
account to carry out the intent of this provision.
DATE CUSTOMER SIGNATURE
By signing below, you acknowledge that you were notified of and authorized the dealership to perform the services/repairs itemized in this
Invoice and that you received (or had the opportunity to inspect) any replaced parts as requested by you. The vehicle is being returned to
you in exchange for your payment of the amount due.
CALL/TEXT AUTHORIZATION: YOU HEREBYAUTHORIZE US TO MAKE RECURRINGCALLS, TEXTS, AND TRANSMIT VOICEMAILS TO YOU AT
YOUR PHONENUMBER(S), INCLUDING BY USE OF AN AUTOMATED SYSTEM, REGARDINGSALESAND/OR SERVICEOF YOUR VEHICLE.YOU
UNDERSTAND YOUR AGREEMENTIS NOT A CONDITION OF PURCHASING GOODS OR SERVICES AND YOU MAY OPT OUT YOUR PHONE
NUMBER(S) BY NOTIFYING YOUR SERVICE ADVISOR OR TEXTING STOP TO ANY MESSAGE RECEIVED. MSG & DATA RATES MAY APPLY.
2023 CDK Global, LLC (10/23) SERVICE INVOICE TYPE 2 - XCASI2C - AUTONATION -"LIMITED WARRANTY" - CALIFORNIA - 8974054
ALL PARTS ARE NEW
UNLESS OTHERWISE
INDICATED.
Some Parts Not ReturnableI acknowledge notice and oral approval of an increase in the original estimated price.
HAZARDOUS WASTE DISPOSAL
COSTS:We have added this
charge to cover costs associated
with the handling, management
and disposal of hazardous waste
or substances under California
and Federal Law.
NOTICE TO CONSUMERS: PLEASE READ IMPORTANT INFORMATION ON ATTACHED PAGES.
AutoNation Acura South Bay
B.A.R. LICENSE # AE-178547 EPA # CAL000140943
25341 Crenshaw Boulevard
Torrance, CA 90505
(310) 539-3636
(800) 92-ACURA
A-4
AutoNation .
ACURA ------------..---
=---777---...........,_1 I -5555-~-~----'----------,-,-_____.___,_I 1-------.---L-11-~I ....___I --
□
,,.-,-, DealerCAP.
235.99
0.00
0.00
4.25
425.24
0.00
23.60
448.84
MAJESTIC_B 22 ACURA ILX 13092 13093
16DEC21 D 16:23 12JUN24CASH 12JUN24
SOLD-STK:NA003299 DLR:30956 ENG:2.4L_4_CYL TRN:A
17:00 12JUN24 13:06 12JUN24
185.00
0.00
PARTS: 0.00 LABOR: 140.00 OTHER: 0.00 TOTAL LINE G: 140.00
13092 4 WHEEL ALIGNMENT DONE. 4 WHEEL ALIGNMENT DONE.
****************************************************
*******************************************************************
PREVIOUS ESTIMATE: 0.00 NEW ESTIMATE: 185.00 ADDITIONAL COST: 185.00
12JUN24 14:22 SA: 8623
*******************************************************************
*******************************************************************
ESTIMATE: 0.00 12JUN24 13:06 SA: 8623
*******************************************************************
23.60
Home:Bus:
326641
179
8623 GABRIELLE DE LOS A
Service Advisor:
Invoice #:
Tag #:
JESSICA AVILES
Customer #:
Cell:
*INVOICE*
Email:
j |home
Page 3 of 3Customer Copy
D
E
S
C
R
I
P
T
I
O
N
LABOR AMOUNT
PARTS AMOUNT
GAS, OIL, LUBE
SUBLET AMOUNT
MISC. CHARGES
TOTAL CHARGES
LESS INSURANCE
SALES TAX
PLEASE PAY
THIS AMOUNT
MILEAGE OUT
INV. DATE
YEAR MAKE/MODEL VIN LICENSE MILEAGE INCOLOR
OPTIONS:
WARR. EXP.R.O. OPENEDPROMISED READYPO NO.PAYMENTDEL DATE
T
O
T
A
L
S
RATEPROD. DATE
We are a proud retailer of
OriginalEquipment(OE) parts,
sourced from the vehicle
manufacturer and backed by
its limited warranty.
We also offer high quality
non-OE parts that are suitable
for your vehicle and fit all
budgets and needs. If you
have chosen a non-OE part, it
will be identified on your
invoice as "AP*." These
non-OE (AP*) parts are not
sourced from the vehicle's
manufacturer or covered by
its warranty.Non-OE parts
come with a limited warranty
backed by AutoNation and/or
the parts manufacturer.
If we receive payments related to the goods or services provided hereunder from any third party (e.g., a check under a Service Contract),
you agree that we may retain all such monies as if same was a payment from you and apply such funds to any outstanding indebtedness
of yours. You hereby grant us a power of attorney to endorse or otherwise sign your name and to deposit such funds into the dealership's
account to carry out the intent of this provision.
DATE CUSTOMER SIGNATURE
By signing below, you acknowledge that you were notified of and authorized the dealership to perform the services/repairs itemized in this
Invoice and that you received (or had the opportunity to inspect) any replaced parts as requested by you. The vehicle is being returned to
you in exchange for your payment of the amount due.
CALL/TEXT AUTHORIZATION: YOU HEREBYAUTHORIZE US TO MAKE RECURRINGCALLS, TEXTS, AND TRANSMIT VOICEMAILS TO YOU AT
YOUR PHONENUMBER(S), INCLUDING BY USE OF AN AUTOMATED SYSTEM, REGARDINGSALESAND/OR SERVICEOF YOUR VEHICLE.YOU
UNDERSTAND YOUR AGREEMENTIS NOT A CONDITION OF PURCHASING GOODS OR SERVICES AND YOU MAY OPT OUT YOUR PHONE
NUMBER(S) BY NOTIFYING YOUR SERVICE ADVISOR OR TEXTING STOP TO ANY MESSAGE RECEIVED. MSG & DATA RATES MAY APPLY.
2023 CDK Global, LLC (10/23) SERVICE INVOICE TYPE 2 - XCASI2C - AUTONATION -"LIMITED WARRANTY" - CALIFORNIA - 8974054
ALL PARTS ARE NEW
UNLESS OTHERWISE
INDICATED.
Some Parts Not ReturnableI acknowledge notice and oral approval of an increase in the original estimated price.
HAZARDOUS WASTE DISPOSAL
COSTS:We have added this
charge to cover costs associated
with the handling, management
and disposal of hazardous waste
or substances under California
and Federal Law.
NOTICE TO CONSUMERS: PLEASE READ IMPORTANT INFORMATION ON ATTACHED PAGES.
AutoNation Acura South Bay
B.A.R. LICENSE # AE-178547 EPA # CAL000140943
25341 Crenshaw Boulevard
Torrance, CA 90505
(310) 539-3636
(800) 92-ACURA
A-5
AutoNation .
-ACURA
-i--------'-rl ------.-1-----1 --------.-L--1 __ =I I I
□
eaierc:AP. D