TO:Honorable Mayor and Members of the City Council
ATTENTION:Jeffrey L. Stewart, City Manager
FROM:Susan Crumly, Human Resources and Risk Manager
SUBJECT:Consideration and possible action to receive and file denial of a claim submitted by Ernesto Arreola.
DATE:February 14, 2022
EXECUTIVE SUMMARY
Mr. Ernesto Arreola filed a claim for the tree branch that fell on his vehicle causing damage.The location of the alleged incident occurred on McNab Avenue in Bellflower.
Carl Warren & Company denied the claim on the City’s behalf. No further action is required by the City.
RECOMMENDATION TO CITY COUNCIL
1)Receive and file denial of claim submitted by Ernesto Arreola;or 2)Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENTS
Claim from Ernesto Arreola.…………………………………….........................................2 Denial of Claim from Ernesto Arreola…………………………………...............................4 14-F
PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296
2/8/2022
Ernesto Arreola
CLAIM REJECTION NOTICE
RE: Claimant: Ernesto Arreola
Our Client: City of Bellflower
Date of Loss: 12-14-2021
Our File Number: 3028575 JBG
Dear Mr. Arreola:
Carl Warren & Company is the claims management company for the City of Bellflower.
Notice is hereby given that the claim which you presented to the City on January 3, 2022 was rejected on February 8, 2022. The recent weather conditions of rain saturated the ground causing the tree roots to uplift. The city is not in control of the weather.
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 court action on this claim. (See Government Code Section 945.6) The six month time for filing such a court action is neither enlarged nor extended by the provisions of CCP Section 335.1.
This time limitation applies only to causes of action arising under California law for which a claim is mandated by the California Government Tort Claims Act. Government Code Sections 900 et. seq.. Other causes of action, including those arising under federal law, may have different time limitations for filing.
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.
Very Truly Yours,
Janice Baluyut
Janice Baluyut
Claims Examiner
Carl Warren & Company, LLC | A Venbrook Company
Direct: 657.622.4326
Email: [email protected]