CC - Item 4F - Authorizton To Reject claim Against The city From Kasrirarat PornsawanRECEIVED
CITY OF ROSEMEAD
AUG 2 0 2002
CITY CLERK'S OFFICE
GOVERNMENTAL ENTITY PRELIMINARY REPORT
TO: Carl Warren & ompany
750 The try Drive, Suite 400
DATE: 8/16/2002
CLAIMANT: Kasrirarat Pornsawan
CA 92868
FILE NO: S 134181 D13K
D/EVENT: 12/14/01 FILING DATE: 03/19/02 SIX MOS.: Yes
PRINCIPAL/CITY: CJPIA/City of Rosemead.
RECOMMENDED ACTION ON CLAIM: Claim Rejection.
FACTS: The claimant damaged her in San Gabriel in a construction zone that was under the
control of SCE.. We will reiterate this information to the claimant as the City and SCE have
done so in the past.
POSSIBLE CO-DEFENDANTS: SCE and San Gabriel.
EVALUATION`. The incident was not in the City.
RESERVES TYPE OF CLAIM AMOUNT
1. Kasrirarat Pornsawan LPD $216.00
COMMENT/WORK TO BE COMPLETED: Diary for a copy of the rejection sent to the
claimant by the City. Our further report will follow shortly.
Very truly yours,
CAR]. WARREN & CPMPANY
Deborah Been
c: ty of Rosemead, Attn. Nancy Valderama
cc: CJPIA - Attn.: EXCCUtlve 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 • Fax: (714) 740-9412
n
,a
August 16, 2002
Kasrirarat Porns an
710 East I-Ic an Avenue "B"
Montere ark- CA 91755
RE: Principal
CJPIA
Member City
Rosemead
Claimant
Kasrirarat Pornsawan
D/Incident
12/14/01
Our File
S 134181 DBK
Dear Ms. Pornsawan:
As claim administrators for the self-insured City of Rosemead, we have made a careful
examination of the circumstances surrounding the captioned occurrence and feel we have
enough evidence to make a decision on your claim. After evaluating the facts, we have
reached the conclusion that our principal is not responsible for this occurrence. We are
sorry we are unable to recommend settlement of your claim to our principal.
Our investigation reveals that the location of the incident in not in the City of Rosemead.
You may want to consider submitting your claim to the City of San Gabriel and/or Southern
California Edison, as they were working in the area at the time of your reported claim.
This letter does not affect the notice that will be sent to you by the City of Rosemead
regarding disposition of your claim.
Very truly yours,
CARL WARREN & CO.
Deborah Been
cc: City of Rosemead
cc: CJPIA
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) 740-9412
MAYOR:
ROBERT W. BRUESCH
MAYOR PRO TEM:
JOE VASOUEZ
COUNCILMEMBERS:
MARGARETOLARK
JAYT IMPERIAL
GARYA.TAYLOR
August 20, 2002
Kasrirarat Pornsawan
710 E. Hellman Avenue, #B
Monterey Park, CA 91755
itch - Vo, es cad
8838 E. VALLEY BOULEVARD • P.O. BOX 399
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569-2100 '
FAX (626) 307-9218
Re: Kasrirarat Pornsawan Claim Against the City of Rosemead
Date of Event: 12/14/01
Dear Ms. Pornsawan:
Notice is hereby given that the aforementioned claim which you presented to the City. Council of
the City of Rosemead on March 19, 2002, was rejected on August 13, 2002, at the regular.
meeting of the Rosemead City Council. .
WARNING
Subject to certain exceptions, you have only six (6) months from the date this notice was -
personally delivered or deposited in the United States mail to file a.couri-action _in,a Municipal. or•_
a Superior Court of the State of California on this claim.
(See Government Code Section 945.6)
You may seek the advice of an attorney of your choice in connection with this matter. If you
desire to consult an attorney, you should do so immediately.
Sincerely, ~J
NANCY VALDERRAMA -
City Clerk
City of Rosemead
cc: Carl Warren & Company
CW Pile No.: S 134181 DBK
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: NANCY VALDERRAMA, CMC, CITY CLERK
DATE: AUGUST 13, 2002
RE: AUTHORIZATION TO REJECT CLAIM AGAINST THE CITY
KASRIRARAT PORNSAWAN
The attached claim was received in this office on March 19, 2002. It was determined that the
alleged incident occurred outside ofRosemead's city limits. The claim was returned to the
claimant. A copy was subsequently sent to the City's claims adjuster, Carl Warren & Company.
Carl Warren & Company sent a notice on August 5, 2002, 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 that a
letter of rejection to be sent to the claimant.
COUNCIL
AUG 13 2002
ITEM No. 1 ✓ C
MAYOR:
ROBERT W. BRUESCH
MAYOR PRO TEM:
JOEVASOUEZ -
COUNCILMEMBERS:
MARGARET CLARK
JAY T. IMPERIAL
GARY A. TAYLOR
April 9, 2002
Pornsawan Kasrirarat ,
710 E. Hellman Avenue, #B
Monterey Park, CA 91755
Dear Ms. Kasrirarat:
~~~~-P>'~ ly.z z 8 3
semead
8838 E. VALLEY BOULEVARD • P.O. BOX 399
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569-2100
FAX (626) 307-9218
I am returning your Claim for Damages that was delivered to this office on March 19, 2002.
Upon investigation of the site location, it was determined that that location is in the City of San
Gabriel. The square grating on the street where you sustained damage to your vehicle suspension
is a Southern California Edison Company grate. You will need to contact SCE for further claim
information.
You may contact Southern California Edison at the following address:
Southern California Edison Company
Attn: Claims Department
P.O. Box 900
Rosemead, CA 91770
Phone: 1-800-251-3311
If you have any questions, please give me a call at 626 569-2171.
Sincerely,
NANCY VALDERRAMA
City Clerk
City of Rosemead
Encl.
FILE WITH: i CLAIM FOR DAMAGES
CITY CLERK'S OFFICE
TO PERSON OR PROPERTY
_ 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 tiled 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.
& Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
TO: CITY OF ROSEMEAD, 8838 E. valley Blvd., Rosemead 91770
Name of Claimant
KASR/RARAT PO R IV SAVVA n1 a Slate
Home Address of Claimant City ity nd nd CA 9/7SS
7/O G. ~,.EtLMA/ AV 8 MO.vTE/ee'Y
City and State
Business Address of Claimant
Give address and telephone number to which you desire notices or communications to oe
regarding this claim: AN A vE- 30• B MO N TERE Y FAR.C, Cd 9/7SS
7/C F r+Et M
When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or lJHmn~a=
/.2/ ~ 7: OO 4M.
Date _Time
If claim is for Equitable Indemnity, give date claimant served
with the complaint:
e,
Date locate gram on reverse side o is s m-v,--,7•.__•.---
Where did DAMAGE or INJURY occur? Describe Tully, and on diagram
names and address and measurem~t~m~ndmarks: Si SGUTH of -7-,-1'E M(557Aou/vD 0N- R4 MA
/YORT/•+8ou.vU oft
TO //O FREE wA l /N TN£ FAR R/tr~`/T LANE
Describe in detail how the DAMAGE or INJURY occurred.
771E REAR w1v£EC ON T.4£ ~ASS£NGCR S' S/DE ~£ce
A LARGE ZaL..4RE 6-RA 711V19
1~7-0
l/
Why do you claim the city is responsible?
RE3,,00••.J .S': BLE FOR CG✓ER/NG G RA 7/N F/tP UM
,9ECCA4 A16- LAR6 ik NC U6~ 70 CAC.ISE 64AIA6E .'O f/EN/CLES-
>escribe in detail each INJURY or DAMAGE
OF 7H9 . REAR SG/SAE /VS/o.v
THE' i ~'A/[ //V G- ARM
13AS96/VC-1 R S S/dE INAS B.POKE~v•
THIS CLAIM MUST BE SIGNED ON REVERSE.SIDE
SEE PAGE 2 (OVER)
RESERVE FOR FILING STAB
CLAIM NO. 6d- /
Ty OF ROSEMEAD
MAR 19 2007, "
(`I r-9K'S OFF'^-
e of Birth of Claimant
a //s /59
cupation of Claimant
H061se V✓/FE
Home Telephone Number
(6~L7 e280- 9//3
Business Telephone Number
Claimant's Social Security No.
0363
I
The amount claimed, as of the date of presentation of this claim, is computed as follows: f as known:
Damages incurred to date (exact):
Estimated prospective damages as ar s
S
$ X30 ' h'S
Future expenses for medical and hospital care
.
Dama9a to property . . . . . . .
a l and .
Expenses for medical and hospital care
.
Future loss of earnings.......... . . . . . . . . . . . .
. S
S
g
Other prospective special damages
.
. . . . . . . . . . . . . .
Loss of
e
. LAB OiP
$ 80 . -
Prospective general damages . . . . .
. S
Special damages
Special for
Total estimate prospective damages
. S
$
General damages
$
Total damages incurred to date
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 ambula
it 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 Phone
Name - Address
TELE FNO NE 9/1 IM111C41-i ?FL A/vd LEFT wV NAME AND THE CiR CC/N/ S iANCES.
DOCTORS and HOSPITALS:
Date Hospitalized
Hospital Address
Date of Treatment
Doctor Address
Date of Treatment
Doctor Address
READ CAREFULLY
For all accident claims place on following diagram names of streets, or your vehicle when you first saw City vehicle; location of City vehicle
including North, East, South, and West; indicate place of accident by at time of accident by "A-I" and location of yourself or your vehicle at
"X" and by showing house numbers or distances to street corners the time of the accident by "B-1" and the point of impact by "X:'
If City Vehicle was involved, designate by letter "A" location of City NOTE: If diagrams below do not fit the situation, attach hereto a proper
Vehicle when you first saw it, and by "B" location of yourself diagram signed by claimant. t
CURB
E
e
N v I S
w
Signature of Claimant or person filing on
his behalf giving relationship to Claimant: L
15 Q ",,,-,7
X
3
~ O.
4
)ed Name:
yRS ocR/v.SArvAN KA
p A i'E.
CURB
IF
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.)
Chapter 10 Suspension and steering systems 10-3
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1 Rear lower arm
2 Front lower arm
~rdi i' ln NO
1.2 ,`Rear, suspension components
4 Shock absorbedcoil spring assembly
5 Rear knuckle
6 Upper arm (not visible in this photo)
GOUDY HONDA
1400 WEST MAIN STREET
ALHAMBRA, CALIFORNIA 91801
PHONES (626) 576-1114 * (213) 283-7336
DIRECT SERVICE LINE: (626) 570-8657
TERMS: CASH OR WE ACCEPT THE FOLLOWING CREDIT
CARDS: NO CARS RELEASED AFTER
VISA * MASTERCARD ` DISCOVER ' AMERICAN EXPRESS SERVICE DEPT. HOURS
ALL CHECKS ARE VERIFIED
NO REFUNDS AFTER 15 DAYS. IF PAID BY CHECK,
REFUND ISSUE AFTER 10 WORKING DAYS.
NO REFUNDS WITHOUT THIS INVOICE. CUSTOMER'S SIGNATURE
20% HANDLING CHARGE ON ALL RETURNED MERCHANDISE.
ELECTRICAL OR SPECIAL ORDER PARTS ARE NOT RETURNABLE. X - DATE
DATE ENTERED YOUR ORDER NO. DATE SHIPPED INVOICE DATE INVOICE
4 FEB 02 4 FEB 02 14_FEB 02 NUMBER 508207
0 ACCOUNT NO. 1010 H
L I
D P
C KASRIRARAT
T T
0 0
PAGE 1 OF 1
508207
124 G ALHAMBRA CA
"Y. BIN PART NO. DESCRIPTION LIST NET AMOUNT
1 157 32045 52371-SM4-A01 ARM;:f~R4R 125.13 125,.13 125.13
FEB 1.4 2002
I X
Any warranties on the item items sold hereby are those made by the manufacturer. The seller, GOUDY HUNUA, hereby expressly bisciaims au warranties, enner express
or implied, including any implied warranty of merchantability or fitness for a particular purpose, and GOUDY HONDA neither assumes nor authorizes any other person to
assume for it any liability in connection with the sale of this item/items. Buyer shall not be entitled to recover from the seller any consequential damages, damages to
property, damage for loss of use, loss of time, loss of profit or income or anCrSTOMERdaeopy /00 RIVTA N//QN K4Sl lRARR %
6
Fax
/A
To: Dwight Kunz, Cad Warren & Co. From: Nancy Valderrama, City Clerk
Fa= 714-740-9412 Pages: 5 plus cover page
Phone: 626 569-2171
Date: Julv31.2002
Re:
Claim Filed
CC:
❑ FYI
❑ For Review
❑ Please Comment
❑ Please Reply ❑ For Your Files
e Comments:
Re: Pomsawan Kasdrarat Claim - DOI 12/14101
Dwight:
Following Is the claim that we just discussed. The claimant states that she's called SCEdison several
times and left messages, but no one has called bar back. 1 Just called the number on the letter and left a
message also. The recorded messages do not give you an option to speak to a person.
Thanks.
Nancy
RECEIVED
CITY OF ROSEMEAD
AUG 0 5 2002
August 1, 2002
CITY CLERK'S OFFICE
TO: The City of Rosemead
ATTENTION: Nancy Valderrama, City Clerk
RE: Claim Pornsawan vs. The City of Rosemead
Claimant Kasrirarat Pornsawan
D/Event 12/14/2001
Rec'd Y/Office 3/19/2002
Our File S-134181-DBK
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,
CAR WARREN & COMPANY
Dwight J. Kunz
cc: CJPIA w/enc.
Attn.: Executive Director
CARL WARREN& CO.
CLAIMS MANAGEMENT-CLAIMS ADJUSTERS
750 The City D w, Sw 400 Orange, CA 92868
MA: P.O. Nos 25180 Santa Ana, Ca 92799-5180
Phone: (714) 740-7999 Ext. 140 (800) 572-6900 Fx,: (714) 740-9412
THOMAS MORE
'Law Center
3475 Plymouth Road, Suite 100 • Ann Arbor. MI 43105-2590
(734) 327-2001
Richard Thompson
Chief Counsel
NEWS FLASH!!!
The words "under God" in the Pledge of Allegiance were banned from
public schools. Ninth Circuit Court of Appeals. 6-26-02.
This, the result of a lawsuit filed by an atheist who objected to his
daughter's second grade class reciting the Pledge.
Yet American school children are required to take on a Muslim
name, dress as a Muslim, and learn to worship as a Muslim
chanting Allah Akbar (Allah is Great).
Dear Friend,
The words "tinder God" in the Pledge of Allegiance have
been banned from California public sch'ools,,yet school
children in that state are required to take on a Muslim name,
dress as a Muslim, and learn how to worship as a Muslim
chanting Allah Akbar (Allah is Great).
On June 26th, the Ninth Circuit Court of Appeals which
covers California found the Pledge of Allegiance to be
unconstitutional because the word's "under God" appear within
the Pledge.
The court ruled that the words "under God" represent a
violation of the Establishment Clause, which forbids the
establishment of a national religion.
And without their parents' knowledge!
[n case you don't know jihtd is the Tabus term ror nory_
`ware, a war fought against anyone who isn't a Muslun. A wa1
being fought for real right now against Americans by Islamic
radicals like Osama bin Laden.
Talk about religious indoctrination, and violations of the
Establishment Clause!
I've filed a lawsuit in the Federal District Court of
California on behalf of Christian students and their parents
who oppose this course.
And I need your help to protect those brave parents and
students who are essentially coerced into denying their
Christian faith in order to graduate.
This lawsuit demands that the court end the practice of
using taxpayer money to fund the "Islam Simulation" course
and to cease and desist any further activity which promotes
Islam in the public schools.
Although it is constitutional for public schools to teach
comparative religion or teach about religion, the~nn t anion
School District crossed way over the constitutions line when
it coerced impressionable tw e year olds to engage in
particular religious rituals and worship, simulated or not.
Every American, including students, have the right to
profess their religious beliefs and practice their faith. '
However, public schools do not have the right to require
Christians to engage in simulated Islamic worship by
praising Allah, and desensitizing them to the real meaning
of Jihad by making it a game.
This isn't education, this is brainwashing.
uiring students to participate in Islamic prayers,
, and worship activities, even if it is called a
Lin~
t only unacceptable, it against the law.
ation", is no
at's more, can you imagine what would happe f
. A,o M Cnmman RYS,
defend them
and 1 am asking you to join us.
Please sign and return to me the enclosed Memorandum
to let the students and their parents know that you are
standing with them in this fight.
Students are required to memorize 5 Muslim proverbs,
analyze verses from the Qu'ran, and recite them on command.
They keep fasts and go on "pilgrimages" as part of the course.
w
z
Students were taught as "fact" that the Angel Gabriel came =
to Prophet Muhammad and revealed God's word to him. U
_ w
Students were required to participate in games that included o
repeating the phrase "Allah is the one true god and
Muhammad is his prophet." .
Even the teacher notes in the Islam course stated: "To give
extra flavor to your presentation, you should use proper phrases
like 'God willing' and'Allah 'has power over all things'." o
E
There is a clear line between learning about another culture °
c
and actively participating in another religious faith. °
d
LAnd the Byron School System has crossed that line. o
~ m
cAgain, if you don't think so, just imagine what school
a .
officials would say if Christians attempted to teach the history
and culture of their faith this way?
o'
I think you know the answer. Christians are routinely
prevented from expressing their faith in public schools. Bibles -
are banned, prayer groups are denied permission to meet on o
school grounds, and now the words "under God" in the Pledge
of Allegiance are disallowed. The list goes on. °
Yet our children are being taught by public school teachers, a
without parental approval, that the tenets of the Muslim faith rn .
are facts. o
c
Indoctrinating Christian students in the culture, thought, and `
practice of the Islamic religion, without their parents'
d
knowledge or permission, is nothing short of a direct attack on o
the primary role of parents in providing religious instruction to
their children.
So of course, as is often the case, the educators didn't - w
consult the parents' opinion. In fact, parents never received =
any notice from their child's school explaining the use or u
purpose of the Islam course. Parents were not informed of any <
opt out policy for the course. o
f
In addition to the Islam Simulation materials, students in
the World History course are required to use a textbook called
"Across the Centuries."
"Across the Centuries" portrays Christians as intolerant
persecutors of Jews and non-Christians, while Muslims are
shown as tolerant of Christian beliefs.
Even a cursory look at the historical record will show
this textbook is completely misleading.
But the California public schools and public schools all
across the country consistently tolerate anything that
denigrates, despoils, and destroys the Christian faith.
That is why I established the Thomas More Law Center,
a national public interest law fine based in Ann Arbor,
Michigan. We are dedicated to providing free legal
defense to Christians across America. Our mission is to
promote the religious rights of Christians, time-honored
family values, and the sanctity of human life.
+ We are currently involved in more than 1] 9 cases in 12
different states across the country. Previously, I served as
the elected county prosecutor where I was involved in the
prosecution of Dr. Death, Jack Kevorkian. Because I
refused to compromise in my fight against Kevorkian, 1
was voted out of office. Now, as Chief Counsel of the
Thomas More Law Center, I have the opportunity to
defend the rights of Christians all across our country, and
help stop the assault on our Christian beliefs.
Our Center is committed to providing people of faith
throughout the nation the best legal defense needed to
defend their religious rights. Our services, such as those
highlighted below, are provided without charge. Our
lawyers, together with our financial supporters, are
committed to ensuring that people of faith have a strong
voice in the courts.
And the Thomas More Law Center has an excellent
record of protecting and defending the faithful:
. We are co-counsel for the Kentucky Baptist Homes for
Children, which has been sued because of its decision to
discharge a counselor when her homosexual lifestyle came
to light. This children's home does not want to hold out the
homosexual lifestyle to the minor children in its care as an
acceptable behavior. The ACLU and Americans United for
Separation of Church and State represent the homosexual
counselor.
. We forced the Northville, Michigan Public School
- system to reinstate a Bible club after school officials shut
down the club when a parent threatened to contact the
ACLU. We proved to the court that the school was violating
the Constitution by discriminating against religion.
• We forced schools in upstate New York, Texas, California,
and Michigan to back down, after we sent demand letters to
school officials on behalf of students who had been ordered to
remove their clothing that displayed pro-life messages such as,
"Abortion is Homicide" and "Abortion is Mean."
• We just recently filed a lawsuit against Washtenaw
Community College outside of Detroit, MI, after college officials
prevented students from preaching the Gospel on the WCC
campus and denied official recognition to their student club
"Mission Christ" because its members would be "telling others
about Christianity."
• We are co-counsel in a lawsuit aimed at shutting down
NAMBLA (North American Man-Boy Love Association), an
organization that encourages sexual relations between adult men
and boys. The lawsuit was brought after two NAMBLA
members sexually assaulted and murdered a 10-year old boy,
Jeffrey Curley, in Massachusetts.
I am determined to stop the Byron Union School District from
so easily trampling on the Constitutional rights of Christians.
And you can see that the Thomas More Center has an
excellent track record of success.
Can I count on you to help the cause with a gift of $100?
Perhaps the Lord has blessed you with the ability to help with a
larger gift.
If so, I hope you might consider a gift of $5,000; $1,000; or
$500. Please give us your prayerful consideration. Whatever you
can afford to send - perhaps $35 or $50 - would be a great blessing.
Please, give your most prayerful consideration to helping me
defend Christian students and parents who should not have to
sacrifice their faith in order to graduate from public school.
Yours in Chr st,
>4i--
Richard Thompson
Chief Counsel
P.S. It seems crazy that Christian students in California are forced
to recite Muslim prayers in class while they are now' told that
they cannot say "under God" when reciting the Pledge of
Allegiance. Please help me protect these Christian students from
being forced to deny their faith in order to graduate. Please sign
and return to me the enclosed reply memorandum along with
your most generous contribution right away.
10.
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