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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) • ' tl �� • �i I „ c : l, -- ' ter. .. . �— tt• s am ~ T &itqv Z"Y firs-x/7 9/5C/tel z -7i yU5-n4+acz rav 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