HomeMy WebLinkAboutCity Council Item No. 04CITY OF '5tv,,`
LADE � LS * 111 E
DREAM I.XTREME
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: APRIL 14, 2009
SUBJECT: CLAIM 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# 2009 -6 - Marian Heller
Fiscal Impact
None.
Recommendation
Reject the claim listed above and direct the City Clerk's Office to send a letter informing
the claimant of the decision.
Agenda Item No. 4
Page 1 of 6
Claim Against the City
April 14, 2009
Page 2
Prepared by: Jessica Guzman'
Office Specialis
Reviewed by: Debora Thomsen
City Clerk
Approved by: Robert A. Brady
City Manager
Agenda Item No. 4
Page 2 of 6
C
March 26, 2009 P C F J V E I � D
P � 0 1U`;'
TO: The City of Lake Elsinore CIT CLERKS OFFIC
ATTENTION: Jessica Guzman, Office Specialist
RE: Claim Heller vs. The City of Lake Elsinore
Claimant Marian Helier
D /Event 12/3/2008
Rec'd Y /Office 3/17/2009
Our File S- 1493455 -SHQ
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
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 3 of 6
CITY OF in\
LADE LSIf10RE
°; DREA
March 18, 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 March 17, 2009 from
Personal Injury Law Center on behalf of Marian Heller (CL #2009 -6).
Please keep me advised of appropriate City Council Action.
For furthe s[Stance, please cWtact me at (951) 674 -3124 ext. 269.
951.674.3124
130 S. MAIN STREET
LAKE ELSINORE CA 92530
W W W.LAKE-ELSINORE.ORG
Agenda Item No. 4
Page 4 of 6
CITY OF
LAKE LSIIYOI�E
�* DREAM EXTREME
CLAIM AGAINST THE CITY OF LAKE ELSINORE
to Persons or Personal Property)
- , r'
A claim must be filed with the City Clerk of the City of Lake Elsinore within ,� ,� ,fir �x,
six (6) months after the incident or event occurred. Be sure your claim Is . f
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,
The undersigned respectfully submits the following claim and information relative to damage to persons and /or
personal property:
1. Name of Claimant Marian Heller
a. Address of Claimant: c/o Kip J. Scott, attorney, 15615 Alton Parkway, Suite 175, Irvine CA 92618
b. Phone No, 0* 1 �01 c. Date of Birth
d. Social Security No. e. Drivers Lic. No.
2. Name, post office address and telephone to which claimant desires notices to be sent, if other than
the above: c/o Kip J. Scott, attorney, 15615 Alton Parkway, Suite 175, Irvine CA 92618
3. Occurrence or event from which this claim arises:
a. Date: 12/13/08 b. Time: about 12:10 a.m.
c. Place (Exact and specific location) Near Elsinore Valley Cemetery,
on Collier Ave., Lake Elsinore CA 92530
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).
Based on information an bel ief, offi inv s hooting c au s ing th wro d
of Jill Heller.
e. What particular action by the City of its employees, caused the alleged damage or injury?
Based on information and belief, unreasonable officer involved shooting.
Agenda Item No. 4
Page 5 of 6
4. Were there any injuries at the time of this accident? If not, state "No Injuries."
Yes, death.
5. Give the name(s) of the public employee(s) causing the injury, damage, or loss, if known.
In so far as known to date, County of Riverside Sheriff's Dept.
6. Name and address of any person injured:
Jill Heller, see address above.
Name and address of the owner of any damaged property:
Jill Heller, see address above.
8. Damages claimed:
a. Amount claimed as of this date: S 5,500.00
b. Estimated amount of future costs:
c. Total amount claimed:
$ 10,000,000.00, General darnages
$ 10,005,500.00 Total amount claimed
d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.):
Funeral expenses with general damages.
9. Names and addresses of all witnesses, hospital, doctors, etc:
a T.B.D., Information has not been released to public or claima
b.
C.
10. Any additional information that might be helpful in considering this claim:
Demand is hereby made that any evidence related to this claim
be preserved for litigation.
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.
03/11/09
aimant's Sig art ture Date
Claimant's Representative
Agenda Item No. 4
Page 6 of 6