CC SR 20251216 K - Claim Against the City Peacock Flats
CITY COUNCIL MEETING DATE: 12/16/2025
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consider a claim against the City by Newmeyer & Dillion LLP, on behalf of Peacock Flats,
LCC, Charles S. Krolikowski.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Newmeyer & Dillion LLP,
on behalf of Peacock Flats, LCC, Charles S. Krolikowski.
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. Newmeyer & Dillion LLP, on behalf of Peacock Flats, LCC, Charles S.
Krolikowski, 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 December 1, 2025, the City received a claim for damages from the law offices of
Newmeyer & Dillion LLP, on behalf of Peacock Flats, LCC, Charles S. Krolikowski. The
claim was referred to Carl Warren for review and investigation. The claimant states that
the City is at fault for damage to their properties within the landslide area.
Deposition:
Carl Warren has reviewed the claim and recommends this claim be returned as late at
this time.
2
Newmeyer & Dillion LLP
895 Dove Street
Second Floor
Newport Beach, CA 92660
(949) 854-7000
Las Vegas | Newport Beach | Walnut Creek
newmeyerdillion.com
Charles S. Krolikowski
Charles.Krolikowski@ndlf.com December 4, 2025
VIA E-MAIL AND U.S. MAIL
Ara Mihranian and Ramzi Awwad
City Manager / Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
aram@rpvca.gov / rawwad@rpvca.gov
Re: Cease and Desist
To Whom It May Concern:
Please be advised that this office represents Peacock Flats, LLC ("Peacock") as
it relates to claims being made against the City of Rancho Palos Verdes (“City”) with
regards to the property located at 100 Vanderlip Drive, Rancho Palos Verdes, California
90275 (“Property”).
It has come to my attention that the City is performing grading, excavation, and
related construction activities on and around the Property, including on land owned
by Peacock. More specifically, City personnel, contractors, and equipment appear to
have been operating along the eastern side of the Altamira and Vanderlip Creeks, within
and across Peacock’s western property boundaries, despite having no authorization,
consent, or legal right to be present on or to alter any portion of the Property.
These activities have included significant soil disturbance, removal of vegetation,
alteration of natural contours, the operation of heavy machinery, and the installation of
stormwater-related infrastructure, including a large storm drainage pipe placed directly
on the Property.
Images documenting and confirming these intrusions are included herein.
A-1
NEWMEYER
DILLION
Ara Mihranian / Ramzi Awwad
December 4, 2025
Page 2
Las Vegas | Newport Beach | Walnut Creek
newmeyerdillion.com A-2
A-3
Ara Mihranian / Ramzi Awwad
December 4 , 2025
Page 3
Based on the above, we hereby demand that the City immediately CEASE AND
DESIST the above activities. If the City fails to immediately cease these unauthorized
activities and does not take prompt action to remedy the situation , my client will have no
choice but to pursue all legal remedies available to them to the fullest extent permitted
by law. This includes seeking injunctive relief, damages , and any additional relief
necessary to protect their property rights and prevent further unlawful conduct.
While my client hopes that a cooperative resolution can be reached , they are fully
prepared to initiate legal action if the City does not comply.
Sincerely,
cc: William W. Wynder; City Attorney (wwynder@awattorneys.com)
Client
Las Vegas I Newport Beach I Walnut Creek
newmeyerdillion.com