CC - Item 4B - Reject Claim - Marcela Quintero E f
staff eport
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: NANCY VALDERRAMA, CITY CLERIC -19
DATE: NOVEMBER 4, 1999
RE: AUTHORIZATION TO REJECT CLAIM AGAINST CITY FROM MARCELA
QUINTERO
The attached claim was received in my office on September 3, 1999. A copy was mailed to the
City's claims adjuster, Carl Warren, on September 14, 1999.
Carl Warren& Company sent a notice on October 20, 1999,recommending that this 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.
Attach.
COUNCIL AGENDA
NOV - 91999
ITEM No.
JOE DPR E_ �' � t l4� A \ 2c. mead
`/
MAYORDR PRO TEM:
MARGARET CL ARK
couxcnuEueeRs: Tom:�yB BB38 E. VALLEY BOULEVARD. P.O.BOX 399
ROBERT w.RRUESCH 1G/—T��1' ROSEMEAD,CALIFORNIA 91770
JAY'?MRERIAL TELEPHONE 285-6671
GARYA7AVLOR (626)
FAX(626)307-9216
September 34, I999
Dwight J.Kunz
Senior Account Manager
750 The City Drive, Suite 400
Orange,CA 92668
RE: MARCELA EERRFR A QUINTERO
Dear Mr-Kunz:
The attached Claim was received in my oMce on September 8, 199R This claim involves a City
street resurfacing project. Attached is a photograph taken today of the she that the claimant is
referring to.
Please advise as to the steps you wish to take in this matter.
Sincerely,
NANCY VALDERRAMA
City Clerk
Attachment
cc: City Attorney
_±d -Arrij6rI
FILE WITH:
CLAIM FOR DAMAGES RESERVE FOR FILING STAMP
CITY CLERK'S OFFICE
TO PERSON OR PROPERTY CLAIM NO.
INSTRUCTIONS RECEIVED
1. Maimstor death.injury to parson or personal property mum be filed not later than six CITY f= RDS-MEt D
momhs after the Dcwrrenca.(Gov.Code Sr_9112)
a Claims for damages to real propel),must be filed not later than 1 year alter the occurrence
(Gov.Code Sen 9112) LP 0 J 1999
a Read entire claim form Delors filing.
See page 2 for diamam upon whr_h to loale place of a=idem. CITYC__IF
S This maim tan mum be signed on page 2 al bottom. RK'S OFFICE
5 Anrh separate sheets,if necessary,to oive full deans SIGN EACH SHEET.
RDSEEAD, 6636 E. ValeDa of Bi h of Claimantaimant
Ta cm OF
_ey Blvd. , Rosemead 91770 I � /
Named(Claimant ,�1Q ipaticm o1 Claimant
�arce1 14e/yrtrn Go-1 1� rD _I � ae /
H re?pf Claitgam 1 `V� 1 l Qow� fCrt( j� q f T ) I ( b Tea^phoneCN mber
-? q2Y�/�
Brans ddd s ofClaimantV -'lWi (�&ityy and- State BusiC'nes Teeleeepho✓ne Number
Give Iadddldntss and1Ttel hone num�p}a�,.1{p-,wt'ch vowddtRre notices or it uni�ions it be seen Claimant'sNSocial Security Na
regarding this maim: (J,) `i11'UC - V If7) - f. ncyne)C ' I '}. 5t_j- Col 4-11
Date
VVhen did MMiG ILSURY lime
o=ur? .�� Names of any city employees involved in INJURY or DAMAGE
L ✓ UflC
withis tor lauiable indemnity,give Este claimant served
with This mrnPainc
Date
Wham did DAMAGE or INJURY o=ur?Describe fully,and Moate on diagram on reverse side of this sheet Where appropriate,give street
names and address and measurements Rom landmarks: D� -1_ n sl deLun� l1 �n/+-7D
mL4 vtOre. f fid/VI i
r'eY-ibe in derail how the DAMAGE or INJURY ocarned. �
C%11 { u 12 6o/recad LOOSwOrr-pC ) cAj
Creylao,n1-- st� ? - On u n GOUered d ^di-ch an eu
-tel doc.an brt;ln3 rnLJ LLQ + u
}+T rip m lip
Why do you claim the city is responsible?
Balled, hQ 0'74. exEcrre,ad,� On,.{� g� ip�st 9 S9op, c,JI
cAUK- -17) cont • Ki 4 � ler � fr /N�i � 1 ThC,
aem 4 15 re-SPon5) ble U,
U lcovcro&l•
Descrite in detail each INJURY or DAMAGE
Le r brOYE,n , - ay)
S_ PAGE 2(OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE
: / -
The amount claimed, as of the date of presentation of this claim,is computed as follows:
Damages incurred to dale(exact): Estimated prospective damaoes as far as known:
Damage to property S Future expenses tor medical and hospital care . . . .5
f Expenses for medical and hospital care S Future los of earnings c
Loss or earnings S Otherhive ros
Special damages for S P Ca specialdamages S
Prospective general damamaoes S
Total estimate prospective damages 5
General damages S
Total damages incurred to date S
Total amount claimed as of date of preservation of this claim:�mS
Was damage andbr injury investigated by p�oli7-e? U at- If so,what city?
Were paamedis or ambulance called? NJ n If so.name city or ambulance
If injured,sae dale,time,name and address of doctor of your firs,visit L-4' )1 ' LI u
WITN=��S��Grr..=S to DAMAGE or I URY:List all persons and addresses of persons known to have information:
Name vr1 oJn
Name yet Address Phone
Address Phone
Name Andress
Phone
DOCTORS anIr D lent
p �n �pur Jed LA
HpspitalbJh f-�° 1�lmo h�+-( � I ndere<�1 r/ Date Hospitalized
Doctor Address
Doctor Date of Treatment
Address Date of Treatment
READ CAREFULLY
a
For all aorde claims place on following diagram names of sneers, or your vehicle when you LT saw City vehicle;location of City vehicle
including East,South,and West indite place of act-idea by at time C accident by A-1"and lo=tion of yourself or your vehicle at
'X' and by showing house numbers or distances to street came¢ the time of the accident by"&t'and the pcinl of impact by"X:'
If City Vehicle was involved,designate by letter A"location of City NOTE If diagrams below do notft the situation,attach hereto a proper
Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant
..///(///-
SIDEWALK
®. / J
Cutis-!
CURS—+
M / PARKWAY
SIDEWALK
Signature of Claimam or person filino on Typed Name: Date:
his behalf giving relationship to Claimant: V 1
2r9r 214.„(, ---t,.0- rar�ela 11P/U goo 9:
NOTE:CLAIMS MUST BE FILED WITH CITY CLERK(Gov. Cope Sec 915a). Presentation of a false claim is a lelony(Pen. Code Sec 7a)
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October 4, 1999
c1TY C,F1 .70c".--.
OCT 17 1999
CITY cLrcu•c OFFICE
TO: City of Rosemead
ATTENTION: Nancy Valderrama,City Clerk
RE: Claim • Quintero v.Rosemead
Claimant Marcela Quintero
D/Event 4/11/99
Recd Y/Office : 9/8/99
Our File S 101451 RWQ
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
Richard/D. Marque
Richard D. Marque
cc: SCJPIA wienc.
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
•• -7
� October 14, 1999
V V Y•'TPmpS�lam..`
REPORT 41- ESTIGATION CITY :21,cti,s/09F9:_91ic:
CARL ARREN& CO. O
O' • "GE
CITY C
ttention: Richard Marque
RE: Principal CJPIA
Member Rosemead
Claimant Marcela Quintero
D/Event 4-11-99
Our File 5101451
Dear Mr. Marque:
PREVIEW: Claimant alleges that she fell into an uncovered trench at the side of her home and
broke her left wrist.
OTHER INSURANCE:
1. Claimant Quintero: Unknown.
2. Sequel Contractors Inc.: Liberty Mutual
DATE. TIME & PLACE: Sunday, April 11, 1999, 4:00 pm, at 3718 N. Muscatel, Rosemead
CA 91770.
GOVERNMENT CODE REQUIREMENTS:
1. Date Claim Filed Under Government Code: 9-8-99 and timely.
2. Action By Public Entity: We recommended Take No Action on 10-4-99, but now
recommend that you send a standard Rejection Notice to the claimant's attorney.
3. Statute of Limitations: Six months from the mailing of the rejection notice.
CARL WARREN & CO.
CLAIMS MANAGEMENT•CLAIMS ADJUSTERS
750 The City Drive•Ste 400•Orange,CA 92866
Mail:P.O.Box 2518D•Santa Ara, Ca 92799-518D
Phone:(714)740-7999•(8D0)572-6900•Fax: (714)740-9412
OWNERSHIP/CONTROL: The city was installing new curb, gutter and sidewalk along a 12-
block area that included the claimant's home at the corner of Muscatel and Norwood PI. The
trench she fell into had not been backfilled at the time.
'CO-DEFENDANT: Sequel Contractors Inc., 12240 Woodruff Ave., Downey CA 90241-5612.
INCIDENT DESCRIPTION: Mrs. Quintero was cleaning up her front yard (3718 Muscatel)
on the Norwood P1. side and apparently overlooked and stumbled into an open trench next to a
new sidewalk and curb. She cut her lip and broke her wrist in falling down.
PRINCIPAL'S VERSION: The trench was 4"-S" deep and 6"wide according to Tom Murphy
of Willdan &Assoc., the city's inspector. The new sidewalk and curb and gutter were poured
on 3-23-99. On the next day, Murphy noted that he found that work unacceptable and told
Sequel to re-do it. Thereafter, they were to cleanup and backfill any trenches in various
locations. On 4-9-99, Murphy told the "resident at 3718 Muscatel re: rose bushes. We will
provide 3 new rose bushes, 2 red and 1 yellow." He recalled that the roses had been damaged
by Sequel as they were in a line running along the trench dug for the new sidewalk forms.
CLAIMANT'S VERSION: She alleges that she phoned the city to have the ditch covered on
4-5-99. I will request a statement from her attorney.
OFFICIAL REPORTS: Daily Construction Reports attached.
WITNESS: Co-defendant's workers, Tom Murphy.
INJURY:
1. BI — Marcela Quintero
A. Type of Injury: Left wrist fracture, cut lip.
B. Health Care Providers: White Memorial Hospital.
C. Damages: Unknowm.
D. Demand: None yet.
E. Attorney: Mike Mojtahedi
PROPERTY DAMAGE: N.A.
INDEX BUREAU: Index information sheet attached.
LIABILITY: The contractor has some liability but there is comparative negligence of the
claimant of possibly 50%to 75%.
Carl Warren & Co.
WORK TO BE COMPLETED:
I. I will tender this claim to Sequel Contractors.
2. I will ask for the claimant's statement from her attorney.
ENCLOSURES:
1. Co-Defendant's insurance declaration and selected contract pages.
2. Daily Construction Reports.
COMMENT: My investigation continues and further reports will follow subject to your
supervision.
Very Truly Yours,
CAF�•.I, W• ' • & CO.
if
_AD.);
yam/
Cc: CJPIA
Attention: Executive Director
ioCc: City of Rosemead
Attention:Nancy Valderrama, City Clerk
3 Carl Warren & Co.
October 19, 1999
CIIYQ _t
OCT 2J1999
TO: City of Rosemead
CRY C'. 2FFICE
ATTENTION:Nancy Vaderrama, City Clerk
RE: Claim Quintero v.Rosemead
Claimant Marccela Quintero
D/Event 4/11/99
Rec'd Y/Office : 9/8/99
Our File S 101451 RWQ
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
Richard/D. MAN'gte'
Richard D. Marque
cc: CJPIA
Attn: Executive Director
CARL WARREN & CO.
CLAIMS MANACEMENT•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$900•Fax'.(734)'140-9412
r:.:.. ,. ... ........ . . _ . .. . . .
•
401, City of Rosemead
8838 E.Valley Boulevard
Rosemead, CA 91770-1559
Telephone: (626)288-6671
Fax: (626)307-9218
Mayor
Joe Vasquez
Mayor Pm Tern
Margaret Clark
Coundenmrbers
Robert Bruesch
Jay Imperial
Gary Teylcr
Fax Transmission Cover Sheet
Fax #: 714 740-9412
To: Steve White
From: Nancy Valderrama
Date: October 20, 1999
Re: Marceala Quintero Claim— S 101451 RWQ
You should receive 3 page(s), including this cover sheet. If you do not receive
all the pages,please call(626) 288-6671.
Steve
Received the following letter today from Ms. Quintero's attorney. We will not have another
Council Meeting until November 9'", at which time her claim will be rejected. Please call me
if you have any questions.
Nancy
Low Offices of
MICHAEL MAJID MOJTAHEDI CITY O
2700 NORTH MAIN STREET OCT 2 0 1999
SUITE 610
SANTA ANA, CALIFORNIA 92705 CITY C 27FICE
Telephone (714) 569-3030 Focslmlle (714) 569-3033
October 13, 1999
Mrs. Nancy Valderrama
Rosemead City Hall
8838 E. Valley Blvd.
Rosemead, CA 91770
RE: OUR CLIENT : MARCEALA HERRERA QUINTERO
YOUR INSURED : CITY OF ROSEMEAD
DATE OF ACCIDENT : 04-11-99
CLAIM NUMBER : 99-09
Dear Mrs. Valderrama:
Please be advised that this office has been retained to represent the aforesaid client
in her personal iqjury claim_ Enclosed please find a copy of Client Designation form(s)
signed by our client.
The City of Rosemead opened the pavement next to our client's house and left a
ditch uncovered. Due to that, our client was injured. She is now under the care of her
physician.
Please be advised that any an all inquiries/communications should be forwarded to
this office.
Your prompt consideration of this claim is appreciated indeed.
Sincerely Yours,
LAW
/ 7U4D1
B
?ico'f edi
Atto /at Law
MMM:nl
Ends.
CLIENT DESIGNATION
The California Department of Insurance has promulgated the
Unfair Claims Settlement Practices Regulations. These can be found
in the California Code of Regulations, Title 10, Chapter 5,
Subchapter 7 .5, Section 2695.2 (c) .
The undersigned hereby designates LAW OFFICES OF
\IV
and authorizes said law firm to represent the
claim of ci✓ (,uags 14-e}v _Afty ✓il.<n _. n
SIGNED THH(II () ,p nS
DAY OF ,r , 199 y AT
, CALIFORNIA.
41(\a,fCPi0. L\ fore Ya qu-in4 ^t
PRINT NAME
SIGNATURE