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CC - Item IV.CC-E - Authorization To Reject Claim Against City From Inez Martinezl staf epor TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: NANCY VALDERRAMA, CITY CLERK, CMC DATE: SEPTEMBER 7, 2000 RE: AUTHORIZATION TO REJECT CLAIM AGAINST CITY FROM INEZ MARTINEZ The attached claim was received in this office on June 12, 2000. A copy was sent to the City's claims adjuster, Carl Warren & Company on the same day. Carl Warren & Company sent a notice on August 7, 2000, recommending that the aforementioned claim be rejected by the City. Recommendation: It is recommended that the City Council approve the rejection of this claim and authorize a letter of rejection be sent to the claimant. Attch. COUNCIL AGENDA S E P 12 2000 ITEM No. Z.14-E LANtOFF/CES OF OFCOUNSEL Cda,io Cadero kh/ and w Ne )W Patrick Longhi Cilbert.Sigala Adrnimdin LnlJornio RAU L G. ILOMAS* 80 South Lake Avenue Suite 823 Pasade Ca lif o rnia 91101 Tel (626) 792 -9666 Fax (626) 405 -0952 June 8, 2000 CITY CLERK'S OFFICE 8838 E. Valley Boulevard Rosemead, CA 91770 Re: Our Client: Inez Martinez (Minor) Date of Loss: 2/8/00 I�'��f7 /TiF.fi Leo a CiC�e r JUN I ru0 CITY 10:EiiI'. 0 ' Admitted in Florida &California Please be advise that this firm has been retained by the above - mentioned client in order to pursue her claim for personal injury against the City of Rosemead arising out of the above captioned matter. Enclosed please find an Original plus 3 copies of the Claim for Damages, referenced to the above to matter. Please, file and conform a copy and return to our office in the self - addressed stamped envelope we have provided for your convenience. Should you have any questions, please do not hesitate to contact this office. Thank you for your courtesy and cooperation in this matter. `very truly yours, LAW OFFICES OF RAUL G. LOMAS t 1 ' � DELIA FLORES Secretary to Raul G. Lomas Enclosures JUN. -05' 001SUINI 11 :22 CITY OF ROSEMEAD TEL:626 -007 -9218 P. 002 - FIL.E WITH CLAIM FOR DAMAGES RESERVE FOR FILING STAMP CITY CLERK'S OFFICE CLAIM NO. 8838 E. Valley Boulevard TO PERSON OR PROPERTY Rosemead, CA 91770 t Claims for death, injury to person or to personal property must be tied not later than six months after the occurrence. (Gm. Code Sec 911.2) 2 Claims for damages to real Property must be filed not later than t year after the occurrence (Gw. Coda Sec 911211 a Read entire claim form before filing. a- See page 2 for diagram upon which to 10=10 place of accider=- S This claim form must be signed on page 2 at boom- E_ Attach separate sheets. If necessary. to give full details. SIGN EACH SHEET T0: CITy OF ROSEFE.AD, 8638 E. ,Valley Blvd., Rosemead 91770 n„ n el Name of Claimant minor ny a t- tt�""y" -• -- - - - -- Inez Martinez, Litem, Alfonso Martinez CITY and ather) A90�- s of Claimant 3618 Vane Avenue, Rosemead, CA 91770 Cayandstate Business Address of Claimant vi.� G dd re s an d telephone number to which you desire polices or communications to sent F - JUN ' z ZOuO CITY C1. KIS O of Birth of Claimant 9/13/84 upation of Claimant Student >me Telephone Number (626) 443-4 .cin Te le bmber N/A Social Security No. Ve a regarding ails claim: Law Offices of Rau G. oma 80 S. Lake Avenue, Ste. 823, Pasadena, cryem91105 wolvedinlTJURYorDAMAGEO When did DAMAGE or INJURY ==r? N ames 2-8 -00 T ime 3:00 P•m- If clam is for Equitable indemnity, give date Claimant served with the complaint Date riate, gwe Street Where did DAMAGE or INJURY D=e-; Des cribe Tully. and locale on diagram on reverse sitle o1 this sheet Where appropriate, nachos and addrt�nd m ph R oSemead i H gn Parking lot o TT Describe in derail how the DAMAGE or INJURY occurred• . Claimant was opening the parking lot gate of Rosemead High School when the gate fell on claimant's head and back. Why do you claim the city is responsible? Failure to inspect, manage and maintain gate in safe and operating condition. DesorlDe in detail each INJURY or DAMAGE spine and bump on the right side of head Fractured Vertebrae in lumbar 2 (OVER) CLAIM MUST BE SIGNED ON REVERSE SIDE dUN . 05'001SUA'I 11 23 CITY OF ROSEMEAD TEL 626 - 501-9218 P. 005 The amount claimed, as of the date of presentation of this claim, is computed a5 follows: as tar as known! Estimated prospective damag Damages incurred to date (exact): Future expenses for medirat and hospital cam ....S n n k n nwn Damage to property . ........................S Expenses for medical and hospital Cam .........S Future loss of earnings- - - ... • ' ' ' • special damages .......... . . s Loss of earnings. .... - . .................... .y 5 other pmspsclve .......... p .s Special damages for ....................... . . Total eslirnate prtsspeaive damages ....... . ..S i,,e prspectwe damages General damages ............ . . . ..- S 200 r 00 . 0.00 . Total damages incurred to Cate .............. S Total amount claimed as of date of presentation of this Claim: 5 200 M edical specials may change Was damage and/or injury invesligatad by police? NO if so. what dry? N/A Were paramedics or ambulance called? Yes It so. name city or ambulance A If injured, state date, time, name and address of doclorolyomfi= visit Februar Gabriel Valley Medical Center, 438 W. Las Tunas Dr. a WETNESSEESIC DAMArr,�E or INJURY= Lisa all persons and ad 2l Dea C Clale a know STe anon: Phone Name M. MOritoya - Address y Phone Name — Address -- - Phone- � Name "s DOCTDRS and HOSPITALS: Hospital San Gabriel Valley - Address 438 W. Las Tunas Dr. San Said Blized O Matthew Lin, M.D. Address S Gar ie A ham r DateofTreatment O �— Date of Treatment Doctor Address READt For all accident claims place on following diagram names of sueem inctuding North, East. South, and West: indicate place Of accident by "X" and by showing house numbers or distances to super tamers If Ctry Vehicle was involved, designate by letter 'W' location 01 City Vehicle when you first saw it, and by 8" location of yourself yaREFULLY or your vehicle when you first saw City vehicle: location of Olty vehicle at time of accident by "A -V and location of yourself or your vehicle at the time of the accident by "B-t and the point of impact by "7C .NOTE: It diagrams below do not fit the situation, attach hereto a proper dtagrem signed by claimant. L��J L SIDEWALK CURBS _ LJRB , V�� Signature of Claimant or person filing on his behalf giving relationship to Claimant: NOTE: C 1 FILED WITH CITY Typed Name: I J () AJ 7 - Date: 1 11 C 6 P16 Code Sec 915a). Presentation of a false Claim is a felony (Pen. Code Sec n• MAYOR: MARGARET CLARK MAYOR PRO TEM'. JAY 7 IMPERIAL COUNCILMEMBERS: ROBERT W. BRUESCH GARY A. TAYLOR JOE VASOUEZ June 12, 2000 osmcad B838 E- VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569 -2100 FAX (626) 307 -9218 DwiEht J. Kunz Senior Account Manager Carl Warren R Company 750 The City Drive, Suite 400 Orange, CA 92665 - Re: Inez Martinez (Minor) Claim Dear Mr. Kunz: The attached Claim was received in my office today. The City does not have any prior - information on this claim. Please note that this incident occurred at Rosemead High School. Please advise as to the steps you wish to take in this matter. Sincerely, - - - - - -- - - -- - - N.A2',ICY VAL.DERR_AMA City Clerk Citv or Rosemead - cc: City Attorney JUN. - 95 00(SUN) 11 - CITY OF ROSEMEAD TEL:626 -30j -9218 P. 002 FILE WITH: CrrY CLERK'S OFFICE 883B E. Valley Boulevard Rosemead, CA 91770 CLAIM FOR DAMAGES TO PERSON OR PROPERTY 1NSTRUGTIoNs 1_ Cliamss for death, injury to person or to personal property must be Ned not later than six months after the occurrence. (Gov. Code See 9112.) 2 Claims tar damages to real Property must be riled not later than 1 year tither the occurrance (GOY. Code Sec. 911m) - 3 Read entire claim form before filing. 4- See Page 2 for diagram upon which to locate Place of actade d S This claim font must be signed on page 2 ffi btroom. c t» i, eanarate sheets. It necessary. to give full detals SIGN 'EACH SHEET. TO: Clry OF ROSEIII0, 883E E. ,Valley Blvd., Rosemead 91770 Minor by & t roug er Guar lan A Name of Claimant Tr Martinez, Li tem, Alfonso Martinez (Father Home Add�s of Claimant CA 9 17 7 0 1c10 rr -no noanve. Rosemead, City and State Business Address of Claimant Wry ano amw RESERVE FOR FILING STAMP CLAIM N0. `I NN, ( r r O f BirLR of Ctaiman 9/13/84 p :uahon ofCla Claimant Studen ielephone Number (626; 443 - 4 315__.___ mass Telephone Number N/N s Social Security N Give address and telephone number s orLOmas 55 recardingthisclaim: Law Off 8 -99 -38 80 S. Lake Avenue, Nines OfMy me plpye�ln„o lvedinlNJURYorDAMA GE When did DAMAGE or INJURY Occur? 3 0 0 m Date 2 -8 -00 Time�' - if claim is for Equitable indemnity, give daze claimant served with the complaint ive SLMet Date ere ropriate, g Where did DAMAGE or INJURY occur'? Describe Tully. �and locale on diagram on reverse side of this sneeL Wh ere app nParking l do €�Ros H gti'School Describe in detail how the DAMAGE or INJURY occurr lot gate of Rosemead High School when the Claimant was opening the parkin g gate fell on claimant's head and back. Why do you claim The city is responsible? in safe and operating condition Failure to inspect, manag e and maintain gate I �soritie in detail each INJURY or DAMAGE p ht side of head Fractured Vertebrae in lumbar spine and bum p on the rig BE SIGNED ON SEE PAGE 2 JUN. -05 00(SU, I1 :'3 CITY OF ROSENIEAO TEL :6 26 a0 "r 9 ?18 P. 005 The amount claimed, as of the date of presentation of this claim, is computed as follows: es as far as "Own: Damaqes incurred to date (exact): Estimated prospective damages S n n - k n nwn Damage w property ..................... S- Expenses for medical and hospital care .........S Loss of eamings--- - - -- ------ - - - - *, ....... special damages for ..S y 200,00 General damages .............. ........... Total damages incurred to date .. . ........... S TOW amount claimed as of date of preserrm on of this claim: Future expenses for medical and tImPlral care :. - . S Enure loss of earnings ................... . S Other prospective special dam30es ... s Prospective general damages ............. . ctive damages S . .. ... .. .. Total estimate Prospect" 11 200,980.15 M edical specials ma Chan 1 s st Was damaoe andlor injury investigated by police? No It so. what cry7 N A Were paramedics or ambulance called? Yes It sa, name city or ambulan. Am If injured, state date, time, name and noomm of doctor of your first visit F e b r ll a r Gabriel Valley Medical Center, 438 W. Las Tunas Dr. Sa WITNESS to DAMA or IhUUR1': List all persons and �add es of pe known to nave information: .Tohn M. Montoya Address y21 De adal�ena ST. Rosemea Pnone Phone Name DOCTORS and HOSPrrALS: 438 W. Las Tunas Dr. San pydJJospsuuz�+.�-�++--^�— HasPital San Gabriel Va11e Address S ar le A hambra of Treatment _.2,8 -- Doctor Matt h Lin, M.D. Address pateotTreatment__� Doctor Address READ CAREFULLY . location of Chy vehicle names of sweets or your vehicle when you first saw ty X" including North, East. South, and We= indi= a Place of acdidem by at time of accident by "A•t" an - ov ­8.1 and th pn of l imPact by hicie a: For all accident claims place on following diagram ..X.. and by showing house numbers or distances to stmet corners, the lime of the acci do notfrtthesaumbon. 3nadt hereto a proper diagnarru; below If City Vehicle was irrvolved. designate try letter 'W' Iomtion of City NUM - i I dia nt Signed ra Clamant. Vehicle when you first saw it, and by °B•' location 01 yourself 9 CURB Signature of Claimant or person filing on his behalf f giving relationship / t to oClaimant: .�nr rr iuc ,.atrC'r 9F FILEJ WffH Typed Name: (Gov. Code sec 9153). Date: r of a false claim is a felony ( ?en. Code Sec June 14, 2000 CITY c JUN 19 2000 CITY CLERK'S OFFICE TO: City of Rosemead ATTENTION: Nancy Valderrama, City Clerk RE: Claim Martinez v. City of Rosemead Claimant Inez Martinez D/Event 08- Feb -00 Rec'd Y /Office 12- Jun -00 Our File S- 108)07-GMQ We have reviewed the above captioned claim and request that you take the action indicated below: • TAKE NO ACTION: Defer any written response to the claimant pending our further advice. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY S Dwight J. Kunz cc: CJPIA Attn: Executive Director CARL WARREN & CO, CLAIMS MANAGEMENT-CLAIMS ADJUSTERS 750 The City Drive • Ste 400 • Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799 -5180 RECEIVEL, _.. ;....:' CITY OF r�OSE.'F D . JON 21 200 CITY CLERK'S OFFICE TO: Carl Warren & Company DATE: 06/16/00 7 The City Drive, Suite 400 CLAIMANT Inez Martinez Orange, CA 92868 FILE NO: S 108307 GMQ D/EVENT: 2 -8 -00 FILING DATE 6 -12 -00 SIX MOS. YES PRINCIPAL /CITY CJPIA /City of Rosemead RECOMMENDED ACTION ON CLAIM Take No Action. FACTS Parking lot gate at Rosemead High School fell upon claimant while she was opening the gate. POSSIBLE CO- DEFENDANTS School District. EVALUATION Deferred pending investigation. RESERVES TYPE OF CLAIM AMOUNT 1. Inez Martinez(Loss) LBI $100.000.00 2. Inez Martinez(Expense) LBI 525.000.00 COMMENT/WORK TO BE COMPLETED Secure statement from claimant and scene inspection. Tender to school district? Our further report will follow shortly. Very truly yours, CARL'WARREN & COMPANY George J. Mankiewicz c: City of Rosemead, Attention:. Nancy Valderrama cc: CJPIA - Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400 • Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799 -5180 Phone: (714) 740 -7999 • (800) 572 -6900 • Fay: (714) 740 -9412 July 31. 2000 Nancy Valderrama Citv of Rosemead 8835 East Valley Boulevard Rosemead, CA 91770 -1787 RE: Principal Member City_ D /Event Claimant Our File Dear Ms. Valderrama: CJPIA City of Rosemead 2 -8 -00 Inez Martinez S 108307 GMQ Cl AUG CITY CLE-RK'S OFFICE Enclosed is a draft of the non - ownership declaration to be signed by Donald Wagner. If there are no corrections or additions, please have this typed on City stationery and signed by Mr. Wagner. Please return the original declaration to me. Please call if you wish to mane significant changes or if you have any questions. Thank you for your help. Very truly yours, T CARL WARREN & CO. CLAIMS MANAGEMENT - CLAIMS ADJUSTERS 750 The City Drive - Ste 400 - Orange, CA 92868 Mail: P.O. Box 25180 - Santa Ana, Ca 92799 -5180 Phone: (714) 740 -7999 Ext. 140 - (800) 572 -6900 - Fax: (714) 740 -9412 I. Donald Wagner, declare`. 1. I am over the age of 18 vears. If called upon to testify I could and would competently testify to the following: 2. I am the Assistant rt Mager for the City of Rosemead. I have been employed by the City of Rosemead since an . 3. As the Assistant City Manager, I have knowledge of the particular streets sidewalks, roadways boundaries structures and.proper[ies that are within the City of Rosemead's jurisdiction ownership control and maintenance responsibility. 1 also have knowledge of any and all crntracts and agreements that the City of Rosemead may have, if at all, .with other entities regarding street, sidewalk, roadway, structure or highway maintenance. 4. I have reviewed the Claim For Damages presented by Inez Martinez which was received by the City of Rosemead on .tune 12, 2000. This claim states Ms. Martinez was injured by a parking lot gate at Rosemead High School Rosemead, California, on February S. 2000. Rosemead High School is owned and operated by the El Monte Union High School District. The premises described in Ms. Martinez' claim are owned and controlled by the El Monte Union High School District. " The Citv of Rosemead did not have any responsibility whatsoever for the Rosemead High School property on or before February 8, 2000. The El Monte Union High School District is a wholly separate and distinct. entity from the City of Rosemead. The City of Rosemead has no ownership interest in, control of or maintenance responsibility for any of the El Monte Union High School District's properties. The El Monte Union High School District was at all times pertinent to this matter responsible for the ownership, maintenance, and supervision for the Rosemead High School property. 8. The City of Rosemead did not design, maintain supervise control or construct any of the structures at the Rosemead High School property. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 2000, at Rosemead, California. y ;_Next Report Due: 9/5/00 AUG - 7 2000 i CITYC:EM" )F` lj E -= M REPORT #2 INVESTIGATION - AUTHORITY Carl War en and Company 750 Th City Drive Suite XOO Ora7ntion: CA 92868 Att Richard Marque Re: O /Principal: CJPIA Member City: Rosemead Claimant: Inez Martinez D /Event: 2 -8 -00 Our File No.: S 108307 GMQ August 4, 2000 PREVIEW: Student parking lot gate at Rosemead High School fell upon claimant while she was opening the gate. MEMBER CITY: City of Rosemead. OTHER INSURANCE: Unknown. DATE, TIME. AND PLACE: February 8, 2000; 3:00 p.m.; Rosemead High School, Rosemead, CA. GOVERNMENT CODE REQUIREMENTS: 1. Date Required Claim Filed: The claim was timely filed on June 12, 2000. 2. Action by Public Entity: No action has been taken. 3. Statute of Limitations: The claim was denied by operation of law on July 27, 2000. An action must be filed no later than February 8, 2002. PREMISES: Rosemead High School is located on the northeast corner of Rosemead Boulevard and Mission Boulevard in the City of Rosemead. Rosemead High School is located on a large block that is bordered on the west by Rosemead Boulevard, on the north by Lower Azusa Road, on the east Encinitas, and on the south by Mission Boulevard. Rosemead CARL WARREN & CO. CLAIMS MANAGEMENT • CLAIMS ADJUSTERS 750 The City Drive - Suite 400 - Orange, CA 92868 Mail: P.O. Box 25180 - Santa Ana, CA 92799 -5180 Phone: (714) 740 -7999 - (800) 572 -6900 - Fax: (714) 740 -7992 Page 2 S 108307 GMQ High School occupies the western portion of this parcel from Lower Azusa Road all the way down to Mission Boulevard. The smallest section is in the northeast corner of this parcel which is Encinitas Elementary School. The southeast portion of this parcel is occupied by Rosemead Park.: Rosemead Park is a public park owned and controlled by the City of Rosemead. The student parking lot is the largest parking lot at Rosemead High School. It is located on the west side of the campus with 2 entrances /exits onto Rosemead Boulevard. Along Mission Boulevard are 2 smaller parking lots, one for visitors and another for faculty. OWNERSHIP /CONTROL: Rosemead High School is owned and controlled by the E1 Monte Union High School District. We drove completely around the large parcel containing Rosemead High School, Encinitas Elementary School, and Rosemead Park. We saw no signs or other indications that the City of Rosemead had any involvement with the high school property. We walked into the high school parking lot and inspected both gates as well as the perimeter fences on the north and west side of the high school. We saw nothing to connect the high school with the City. CO-DEFENDANT: 1. E1 Monte Union High School District, 9063 E.. Mission Dr., Rosemead, CA 91770. Carl Warren and Company handles the liability claims for the high school district. Michael Hedtke is the adjuster handling this claim for the school district. 2. General Fence and Iron, 11235 Garfield Ave., Southgate, CA 90280, (800) 449 -6666, (310) 923 -6799. This is the name on a plate found on the chain link fence at 2 different places. We called the phone number and verified the business is still ongoing. SC Gury Corporation, Anaheim, CA, license number 679302. This name was also on the plate on the chain link fence. We have not contacted this corporation to determine its involvement in the construction of the fence. Page 3 S 108307 GMQ ACCIDENT DESCRIPTION /FACTS IN BRIEF• The claimant was opening one of the parking lot gates for the student parking lot when she was injured. CITY VERSION: The City has no information about the accident details. CLAIMANT VERSION: The claimant's attorney declined to make the claimant available for a statement. The attorney is not clear whether the injury occurred while the gate was being opened or closed. DIAGRAM: A diagram of the parcel containing the 3 public facilities is enclosed. PHOTOGRAPHS: 2 photographs were obtained. One is of the southern gate to the student parking lot through the wrought iron fence. The second photograph is of the subject gate in the chain link fence. WITNESS: John M. Montoya, 9212 Deadalena St., Rosemead, CA, (626) 288 -0171. This witness has not yet been interviewed. INJURY: A. Type of Injury: Fractured vertebrae in the lumbar spine and a contusion to the right side of the head. B. Health Care Provider: 1. Matthew Lin, M.D., 911 S. Garfield, Alhambra. She was seen by Dr. Lin on February 10. 2. San Gabriel Valley Hospital, 438 W. Las Tunas Dr., San Gabriel, CA. The claimant was seen here on the day of the accident. C. Damages: $980.15 for medical specials. D. Demand /Offer: None. E. Attorney: Raul G. Lomas, 80 S. Lake Avenue, Suite 823, Pasadena, CA 91101, (626) 792 -9666. INDEX BUREAU: An Information Sheet has not yet been submitted. Page 4 S 108307 GMQ LIABILITY: The property where the claimant was injured is owned and controlled by the high school district. The City has no involvement. There is no liability to the City. SETTLEMENT NEGOTIATIONS: None. EVALUATION AND AUTHORITY REQUEST: We have sent a draft of a Non - Ownership Declaration to the City. We recommend the claim be rejected now: WORK TO BE COMPLETED: 1. Secure return of Non - Ownership Declaration and forward to claimant attorney with 1038 letter. 2. Secure statement from witness Montoya. CLAIM STATUS /RESERVES: 1. LBI - Inez Martinez - Open. ENCLOSURES: 1. Diagram. 2. Scene photographs. 3. Letter to City with Non - Ownership Declaration draft. 4. E -mail from Mike Hedtke. 5. Representation from claimant attorney. COMMENT: Our further reports will follow. Very truly yours, CARL WARREN AND COMPANY GJM:ck Georg J. ankiewicz cc: CJPIA . �' c: City of Rosemead .August 4, 2000 C' j T': AUG - 7 2GOD CiTy CLEF X I -1 1 TO: City of Rosemead ATTENTION: Nancy Valderrama, City Clerk RE: Claim Martinez v. City of Rosemead Claimant Inez Martinez D/Event a 2/3/00 Recd Y /Office 6/12/00 Our File S 108307 GMQ We have reviewed the above captioned claim and request that you -take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please Provide us with a copy of the notice sent, as requested above. If you have any questions please contact the Undersigned. Very truly yours CARL WARREN & COMPANY 2 Ec hGt,t''dl 1 0. M cwq u4p/ Richard D. Marque cc: CJI'IA Attn: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT• CLAIMS ADJUSTERS 750 The City Drive • Ste 400 - Orange. CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca (12799 -5180 Phone: (714) 740 -7999 - (800) 572 -6S,0o • Paz: (714) 740 -9412