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Home My WebLink About2009-02-10 City Council Agenda Item No. 4CITY OF. LADE LSMOB E DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 10, 2009 SUBJECT: CLAIMS AGAINST THE CITY Background Claims filed against the City of Lake Elsinore are reviewed and handled by Carl Warren & Company, Claims Administrators. When received, each claim is logged in the City Clerk's Office and forwarded to this company for investigation. After initial review and investigation, direction is issued to the City to take one of several actions such as rejection, notification of late claim or reservation of action until further information is obtained. Discussion The following claims have been recommended for rejection by Carl Warren & Company: CL# 2008-35 2009-2 2009-4 Fiscal Impact None. Recommendation Diane Harrison - Loria Gill - Heirs of Josue A. Montes Reject the claims listed above and direct the City Clerk's Office to send a letter informing the claimants of the decision. Agenda Item No. 4 Page 1 of 16 Claims Against the City February 10, 2009 Page 2 Prepared by: Jessica Guzma Office Specialist Reviewed by: Carol Cowley Interim City Clerk Approved by: Robert A. Brady City Manager INS Agenda Item No. 4 Page 2 of 16 January 26, 2009 REcEIVE® TO: The City of Lake Elisinore FEB 0 2 ATTENTION: Jessica Guzman, Office of the City Clerk CITY CLERKS OFFICE RE: Claim Diane Harrison v Lake Elsinore Claimant Diane Harrison D/Event 12/19/08 Rec'd Y/Office 12/22/08 Our File 1488959 DBQ We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIMREJECTION. 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 i Deborah een CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870-6832 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 Phone: (714) 572-5200 • (800) 572-6900 • Fax: (714) 961-8131 Agenda Item No. 4 Page 3 of 16 CITY OF LADE 1LSIf10RJE iPS- DREAM EXTREME December 23, 2008 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799-5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on December 22, 2008 from Diane Harrison (CL #2008-35). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674-3124 ext. 269. Sine ly, JESS A GUZM PECIALIST CITY OF LAKE ELSINORE Enclosure 951.674.3124 130 S. MAIN STREET LAKE ELSINORE. CA 92530 W W W. LAKE-ELSI NORE.ORG Agenda Item No. 4 Page 4 of 16 CITY OF LADE LSINORE DREAM, EXTREME. CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal Property) b. Phone No. Received y: d: City r A claim must be filed with the City Clerk of the City of Lake Elsinore within DEC 2 2 2008 six (6) months after the Incident or event occurred. Be sure your claim is against the City of Lake Elsinore, not another public entity. Where space is Insufficient, please use additional paper and identify Information by CITY CLERKS paragraph number. Completed claims must be mailed or delivered to the OFFICE City Clerk, City of Lake Elsinore, 130 South Main Street, Lake Elsinore, d. Social Security No. The undersigned respectfully subm its the following claim and information relative to damage to persons and/or personal property: \ 1. Name of Claimant rA In G a. Address of 2. Name, post office adq(ess and telephone to which claimant desires notices to be sent, if other than the above: f d. How many and under what circumstances did damage or injury occur? Specify the particular occurrences, event, actor omission you claim caused the injury or damage (use additional 3. Occurrence or event from which this claim arises: a. Date: z 11 b. Time: C A < 7 ` c. Place (Exact and specific location) c~ct. lr ~Q r paper if necessary). e. What particular action by the City of its employees, caused the alleged damage or injury? I P Agenda Item No. 4 Page 5 of 16 4. Were there any injuries at the time of this accident? If not, state "No Injuries." 5. Give the name(s) of the public employee(s) causing the injury, damage, or loss, if known. 6. Name and address of any person injured: 7. Name and address of the owner of any damaged property: 8. 9. b. Estimated amount of future costs: $ i A iii ,Cv1 L i,: c. Total amount claimed: $ ( A ILL w( b'1 tr"v- 6A d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.): Names and addresses of all witnesses, hospital, doctors, etc: a. hi ~y b. C. 10. Any additional information that might be helpful in considering this claim: ft 14, Warning: It is a criminal offense to file a false claim! (Penal Code 72/Insurance Code 556.1) 1 have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters state upon information or belief as to such matters, I believe the same to be true. I certify under penalty of perjury that the foregoing is true and correct. klo - J- ~ `tJ Claimant's Signature e'1U Date Agenda Item No. 4 Page 6 of 16 0 a. Amount claimed as of this date: $ 1 ` RIPEC,I VkF0 January 26, 2009 JAN 2 8 \ CITY CLERks OfiFIC~ TO: The City of Lake Elsinore ATTENTION: Jessica Guzman, Office Specialist RE: Claim Gill vs. The City of Lake Elsinore Claimant Loria Gill D/Event 5/9/2008 Rec'dY/Office 1/22/2009 Our File S-1490136-RWQ We have received and reviewed the above 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. I f you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COIv ANY D. Marque cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870-6832 Mail: P.O. Box 25180 -Santa Ana, Ca 92799-5180 Phone: (714) 572-5200 • (800) 572-6900 •Fax: (714) 961-8131 Agenda Item No. 4 Page 7 of 16 CITY OF LADE ~LSIHORE ' DREAM January16, 2009 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799-5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on January 9, 2009 from Loria Gill (CL #2009-2). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674-3124 ext. 269. Sincerely, EnICA GUZMkN,,'01FPCE SPECIALIST CITY OF LAKE ELSINORE Enclosure 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 WWW. LAKE-ELS INORE.ORG Agenda Item No. 4 Page 8 of 16 01/09/2009 11:06 FAX 626799622 Law Offices CITY OF LAKE LSIIYOE I]RGAM EXLrR6ML• al)02/009 r I(r~ D ~C' ~ Ire I f !t 5,1 lC l CITY CLERKS UFFICE CLAIM AGAINST THE CITY OF LAKE ELSINORE Damages to Persons or Personal Property) Received by: C S~ ( Lit~ i Time/Date Received: A claim must be filed with the City Clark of ale City of Lake Elelnora wluiin six (0) montna after the incident or event occurrea- ae sure y ) r Galin le against the City Of lake ElWnore, not another public entity. Where apace Is InaulAdent, please use addlddnel paper and Identily Informeaon by paragraph number. Completed clulma must be mallad or dallvered bo, the City Clark. City of Lake Elslnore, 130 South Mein Stree( Lake Elefnaro. The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property: Name of Claimant a. Address of Claimant: b. Phone NO.( d. Social Security No. Drivers Llc. No. r J I tzs 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: 3. Occurrence or event from which this claim arises: a. Date: fv% ! { 9 r 1-015 1) b. Time: 3S'wnf I X : 015 peon r t ; d') i? N% c. Place (Exact and specific location) L^tPYV (L Gz "t ryom-0 pOL_.L 4.6_ QEPr. d, How many and under what circumstances did damage or injury occur? Specify the particular occurrences, event, act or omission you claim caused the injury or damage (use additional paper If necessary). Pt- ftc~-, CA-1i i e. What particular action by the City of its employees, caused the alleged damage or injury? 5~$ Pr'-S"rPto-k~1M~` Agenda Item No. 4 Page 9 of 16 01/09/2009 11:06 FAX 62679" ,22 Law Offices 4. Were there any injuries at the time of this accident? If not, state %o Injuries. 12003/009 '-Its Glve the name(s) of the public employea(s) causing the Injury, damage, or loss, If known. Dpi . U. I 6. Name and address of any person injured: C LAChe"Ans T' 7. Name and address of the owner of any damaged property: 6. Damages claimed: a. Amount claimed as of this date: $ ~i 0000 Coo . 00 b. Estimated amount of future costs: $ JOD LUM-0 0 c. Total amount clalmed: $ _I F owi &D o o d. Basis for computation of amounts claimed (Include copies of all bills, Invoices, estimates, etc.): -To 6$- o~ ~ rn> r~~z 4 9, Names and addresses of all witnesses, hospital, doctors, etc; a. ('~at3 S riNLI DAP. 0.(Bt'tc Ddr^ oert_ , c.a. Lfr RA JISWE b. c. 10. Any additional Infonnatlon that might be helpful in considering this claim: Warning: It Is a criminal offense to file a false claim! (Penal Code 72flnsurance Code 556.1) 1 have read the matters and statements made in the above claim and I know the same to be true of my t~.In,,,wleclge, except as to those matters state upon Information or belief as to such matters, I believe e to be true. I certify under penalty of perjury that the foregoing Is true and correct. C 1 s Signature Date 11 Agenda Item No. 4 Page 10 of 16 01/09(2009 11:07 FAX 626793a6,22 Law Offices a 004/009 ATTACHMENT Claimant alleges that on or about May 9, 2007, she was arrested and imprisoned by the below named parties, based on false allegations made by Cecilia Williams, Claimant's former employer. Claimant further alleges that at the time of the arrest, the below named parties, knew or should have known that Claimant was in fact innocent of the allegations made, and that said named parties knew or should have known of Claimant's innocence and therefore had no probable cause to arrest and imprison and further her prosecution for crimes not committed by Claimant. Claimant was subsequently prosecuted by the County of Riverside based on the false allegations detailed herein, On July 15, 2008, the charges against Claimant were dismissed based on a failure to prosecute. Claimant alleges that the Detective D. Dean, the City of Lake Elsinore, the Lake Elsinore Police Department, by and through Chief of Police Joe Cleary, other unknown Police Officers and Sheriff's Deputies, Stanley Sniff, Sheriff of the County of Riverside, and the County of Riverside, are liable to Claimant under the following theories and causes of action: 1. False Arrest; 2. False Imprisonment; 3. Negligence; 3. Violation of Fourth and Fifth and Eighth and Fourteenth Amendments; 4. Failure to train and supervise employees in violation of 42 USC 1983; 5. Failure to Intervene in violation of 42 USC 1983; 6. Violation of Civil Rights, 42 USC 1983; 7. Substantive due Process Violations pursuant to the 14'h Amendment & 42 USC 1983; 8. Violation of Civil Rights, 42 USC 1983 - Monell Action; Agenda Item No. 4 Page 11 of 16 January 27, 2009 TO: The City of Lake Elsinore ATTENTION: Jessica Guzman, Office Specialist -141v,,, ~ R 8 ` OFF~C~ RE: Claim Heirs of Josue A. Montes vs. The City of Lake Elsinore Claimant Heirs of Josue A. Montes D/Event 7/24/2008 Recd Y/Office 1/22/2009 Our File S-1490391-CKQ We have received and reviewed the above 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. I f you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY Richa D. Marque cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870-6832 Mail, P.O. Box 25180 - Santa Ana, Ca 92799-5180 Phone: (714) 572-5200 •(800) 572-6900 -Fax: (714) 961-8131 Agenda Item No. 4 Page 12 of 16 CITY OF L_AU LLSI E V' DREAM EXTREME January 22, 2009 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799-5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on January 22, 2009 from Caldevilla Law Offices on behalf of Mehchsac and Adela Montes (CL #2009-4). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674-3124 ext. 269. Sincerely, I M N O E SPECIA CITY F LAK~f Enclosure 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 WWW. LAKE- E LS I NO RE.O RG Agenda Item No. 4 Page 13 of 16 CITY OF LADE Q?'LSII`IOIZE DREAM EXTREME CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal Property) Received y fFj ¢>teg~+v~: City dR[. a i 1 ]140 GG A claim must be filed with the City Clerk of the City of Lake Elsinore within JAN 2 2 six (6) months after the Incident or event occurred. Be sure your claim Is against the City of Lake Elsinore, not another public entity. Where space is Insufficient, please use additional paper and Identify Information by paragraph number. Completed claims must be mailed or delivered to the CITY CLERKS OFFICE City Clerk, City of Lake Elsinore, 130 South Main Street, Lake Elsinore, 075011 The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property: 1. Nameof Claimant Mehchsac and Adela_Montes (see attached for additional a. Address of b. Phone No. d. Social Security No. c. Date of e. Drivers Lic. No. 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than theabove: Caldevilla Law Offices, 1820 N. Bush Street, Santa Ana, CA 9270, (714) 972-1122 3. Occurrence or event from which this claim arises: a. Date: 7/24/08, DOD 8/2/08 c. Place (Exact and specific location) 5 0 o w . b. Time: Afternoon Lakeshore Drive Lake Elsinore, CA d. How many and under what circumstances did damage or injury occur? Specify the particular occurrences, event, act or omission you claim caused the injury or damage (use additional paper if necessary). Josue Abisai Montes, 9 year old son of claimant, Mehchsac Montes, died on August 2, 2008 due to Naegleria Fowler: Meningoencephalitis which he contracted while swimming in Lake Elsinore. e. What particular action by the City of its employees, caused the alleged damage or injury? Failure to warn and negligence regarding public education of ii6A -L Naegleria Fowleri Meningoencephalitis and death from swimming in Lake Elsinore. Agenda Item No. 4 Page 14 of 16 4. Were there any injuries at the time of this accident? If not, state "No Injuries." Yes. Naegleria Fowleri Meningoencephalitis and death. 5. Give the name(s) of the public employee(s) causing the injury, damage, or loss, if known. Unknown. 6. Name and address of any person injured: Josue Abisai Montes 7. Name and address of the owner of any damaged property: N/A 8. Damages claimed: a. Amount claimed as of this date: $ 1, 307 , 312 . 08 b. Estimated amount of future costs: $ Unknown c. Total amount claimed: $ 1,307,312.08 d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.): Medical bills:$102,635.45; Funeral expenses:$3,536.63; General:$1,200,000 9. Names and addresses of all witnesses, hospital, doctors, etc: a. SEE ATTACHED b. C. 10. Any additional information that might be helpful in considering this claim: Warning: It is a criminal offense to file a false claim! (Penal Code 72/Insurance Code 556.1) 1 have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters state upon information or belief as to such matters, I believe the same to be true. I certify und r aity of perjury that the foregoing is true and correct. t~20A yu~S 7 a-' 12--P 12,OYO-0-1 Claimant's Si nature Date EDOARDO RIGO SALVATORE, ATTORNEY FOR CLAIMANTS Agenda Item No. 4 Page 15 of 16 CITY OF LAKE ELSINORE, CLAIM FOR DAMAGES TO PERSON OR PROPERTY 1. FULL NAME OF CLAIMANT (CONTINUED FROM CLAIM FORM) ABRAHAM MONTES ISAI MONTES DANIEL MONTES ESDRAS MISAEL MONTES 9. NAMES AND ADDRESSES OF ALL WITNESSES, HOSPITAL, DOCTORS, ETC. a. Mehchsac & Adela Montes, Abraham Montes, Isai Montes, Daniel Montes, Esdras Misael Montes, i b. Loma Linda University Children's Hospital, 11234 Anderson Street, Loma Linda, CA 92354 c. Inland Valley Medical Center, 36485 Inland Valley Drive, Wildomar, CA 92595 Agenda Item No. 4 Page 16 of 16