CC - Item 4B - Rejection of Claim for DamagesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: APRIL 24, 2012
SUBJECT: REJECTION OF CLAIM FOR DAMAGES
SUMMARY
The City Council will consider a recommendation to reject a claim for damages
submitted by L &G Rosemead Garden, LLC, received by the City on March 22, 2012,
due to un- timeliness, as well as, a rejection to any asserted claims that may have
occurred within the required time period for making such claims. In addition L &G
Rosemead Garden, LLC also filed a claim with the City on December 22, 2011. The
City is now rejecting that claim for the additional reason that it was untimely in addition
to the prior rejection sent on January 18, 2012, which was on the merits of the claim.
Staff Recommendation
Staff recommends that the City Council reject the claim for damages submitted by L &G
Rosemead Garden, LLC as indicated above.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
"J 0,K),
GLORIA MOLLEDA
CITY CLERK
Attachments: L &G Rosemead Garden Claims
ITEM NUMBER: d P
NOTICE OF CLAIM
AGAINST THE CITY OF ROSEMEAD, CALIFORNIA
(Government Code $ 910. 910.2)
]INSTRUCTIONS (Please carefully):
Claims related to injury to person or damage to personal property must be presented to the City within six (6) months
from the date of.loss.
Claims related to any other loss must be presented not later than one (1) year from the date of loss.
Answer all items fully and to the best of your knowledge and information. Failure to do so may result in your claims
being found insufficient. If more space is needed to provide reque ted.inform please attach additional pages
ident ifyingparagraphs (s) being answered.
TO: City lerk C - '�
ty
City of Rosemead, City Hall
8838 E. Valley Boulevard MAR � � 2012
Rosemead, CA 91770
�''i'A'�
Date an Time Filed
I. Claimant's Name. L 4 C-t F2osQwe..d C1e,� +a_a_,., I_l�L Date of Birth:
Daytime Phone: (6>.6) g,s'o -3t�6
2. Claimant's
Street Number - Street - Apt No. - City- State - Zip
3. Claimant's S $ N
HomePhone:(6) — S,- t b0 L
d. Date of Loss: . 2os C tv yto Time of Loss:
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5. Location of Loss (Specify in as much detail as possible. Example: 5 feet east of west corner of Elmira Road and
Peabody):
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Peabody): t /.,t te.. Q.... 73— - __ . . -
that caused you to make this claim:
7. What specific
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losses did you incur? Lxklost +k.,
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S. List damages incurred to date (Attach copies of receipts, repair estimates, bil..., . nvoices and. any other
documentation to prove your loss):
9. What are vour total estimated prospective darn ` gesi -
10. What is your basis for claiming that the City or City employee(s) are the cause of your injury, damages or loss?
11. What are the name(s) of the City employee(s) whom you allege caused your injury, damages or loss, if known?
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12. Name, address and phone number of any witnesses who can substantiate your claim:
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13. An additional information that you believe might be helpful to the City in considering this claim:
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14- All notices and communications with regard to this claim will be directed to the Claimant shown in lines 1 and 2
above unless you complete the following to identify to whom further communication should be directed:
Name: �o�ww� �C,�4 Relationship:
Address: 991D(O C " R ` r Ax�Sc^ �2 Q d EQ State: C 4 ZIP: 9 1 3 )
Daytime Phone: – 3 l teG Home Phone: (–JD �LG ) — I ai
Me, the undersigned, declare under penalty of perjury that I/we have read the foregoing claim for damages and know
the contents thereof: that the same is true of my /our own knowledge and belief, save and except as to those matters
wherein stated on information and belief, and as to them, I/we believe to be true.
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Claimant Printed Name Claimant Signature Date Signed
(Note: If someone files the claim on behalf of the claimant, the person making the claim on behalf of
should sign above.)
Claimant Printed Name Claimant Signature Date Signed
WAIINING: Penal Code Section 72 makes it a crime punishable by imprisonment to submit a "false or
fraudulent claim" for payment to a city or public district, and Code of Civil Procedures Section 1038 authorizes
the award of attorney fees against a claimant who brings a claim that is "not brought in good faith and with
reasonable cause."
( Government Code § 910, 910.2)
INSTRUCTIONS (Please read carefully):
Claims related to injury to person or damage to personal property must be presented to the City within six (6) months
from the date of loss.
Claims related to any other loss must be presented not later than one (1) year from the date of loss.
Answer all items fully and to the best of your knowledge and information. Failure to do so may result in your claim
being found insufficient. If more space is needed to provide requested information, please attach additional pages
identifying paragraphs(s) being answered.
TO: City Clerk
City of Rosemead, City Hall
8838 E. Valley Boulevard
Rosemead, CA 91770
Date and Time Filed with the City Clerk
L �OS o� CAM 4, U—r- [City Use Only]
1. Claimant's Name: (Qn,. . Cna �a Date of Birth:
Daytime Phone:( 1b 3s-0 —QA-
2. Claimant's Mailing Address:
L-0t, 0.v Ak4&,et tZOAA , UL ma--ti- _ eE! . `t't 7['*t 1
Street Number — Street - Apt No. — City — State - Zip
3. Claimant's S S N:
Home Phone: (&2-6 1 t""1 oo
4. Date of Loss: 4- t21„ t Time of Loss:
5. Location of Loss
Peabody):
in as much detail as possible. Example: 5 feet east of west corner of Elmira Road and
of incident/accident that caused you to make this claim:
What specific injury, damages or other losses did you incur?
C?tQ.aN S as s w lk1 ,Q„ Cu..
8. List damages incurred to date (Attach copies of receipts, repair estimates, bills, invoices and any other
documentation to prove your loss):
9. What are your total estimated prospective damages?
i') A!l `41 t.s Lt,�ll a, 57.QI�c
10. What is your basis for claiming that the City or City
11. What are the name(s) of the City
are the cause of your injury, damages or loss?
you allege caused your injury, damages or loss, if known?
12. Name, address and phone number of any witnesses who can substantiate your claim:
Ke�
13. Any additional information that you believe might be to the City in considering this claim:
14. All notices and communications with regard to this claim will be directed to the Claimant shown in lines 1 and 2
above unless you complete the following to identify to whom further communication should be directed:
Name: lw.w G,. d— U y Relationship: �Cl.1Ti.ae.�.t
Address: gga(, l..ptk� Prat# -`N Rood tQ t-AO -,T.- State: CA ZIP: qt 3 1
Daytime Phone: ( ) 3 So — 3 66 Home Phone: L6 . 1 :J STao>
I/We, the undersigned, declare under penalty of perjury that I/we have read the foregoing claim for damages and know
the contents thereof; that the same is true of my /our own knowledge and belief, save and except as to those matters
wherein stated on information and belief, and as to them, I/we believe to be true.
Claimant Print d Nam Claimant Signature Date Signed
(Note: If someone files the claim on behalf of the claimant, the person making the claim on behalf of the claimant
should sign above.)
Claimant
Claimant
Date Signed
WARNING: Penal Code Section 72 makes it a crime punishable by imprisonment to submit a "false or
fraudulent claim" for payment to a city or public district, and Code of Civil Procedures Section 1038 authorizes
the award of attorney fees against a claimant who brings a claim that is "not brought in good faith and with
reasonable cause"