HomeMy WebLinkAbout2025-02-04; City Council; CS01; Conference with Legal Counsel Regarding Significant Exposure to Litigation� CITY COUNCIL
\t!7 Staff Report
Meeting Date:
To:
From:
Staff Contact:
CA Review Cf l-tfv')
Subject
Feb. 4, 2025
Mayor and City Council
Cindie McMahon, City Attorney
Sarah Reiswig, Risk Manager
Conference with Legal Counsel Regarding Significant Exposure to Litigation
Recommended Action
That the City Council, by motion, authorize a closed session to discuss significant exposure to
litigation based on existing facts and circumstances regarding receipt of a claim against the city
of Carlsbad, pursuant to Government Code sections 54956.9(d)(2) and (e)(3).
Claimant: Belonso Dalisay
Exhibits:
1.Claim from Belonso Dalisay received March 16, 2023
Feb. 4, 2025 Item #1 Page 1 of 5
Feb. 4, 2025 Item #1 Page 2 of 5
Exhibit 1Vinesign Document ID: 557E3279-1 E76-4751-9399-B62A 16079FF5
Date Distributed 3/1 l,, J 2-3:.
TO: City Attorney I 7, __ __, ___ _ Date Received ~(\ 6 !f'S _
By: ~ ~~ ~\ C\ V Gii\, Risk Manager
Administrative
Services Director j
City CJ,erk's Office
Rec'd: Mail --✓,-----, Counter
Postmark Date: 3/\ 7 /2 '2:>
*************************************************************************************
SPACE ABOVE THIS LINE RESERVED FOR CITY USE
CLAIM AGAINST THE CITY OF CARLSBAD
(Government Code S910)
INSTRUCTIONS: Fill out claim form in detail. ff more space is needed, use additional sheets of paper and identify the additional information by appropriate paragraph number. The claim must be signed under penalty of petjury and dated. FILE THE COMPLETED CLAIM WITH THE CITY CLERK, 1200 CARLSBAD VILLAGE DRIVE, CARLSBAD, CALIFORNIA 92008-1989.
1.
Address of Claimant:
Phone Number:
2. Name of person and mailing address to which person presenting claim desires notice to be sent:
Sargent Law Firm Attn: Zach Hathaway, Esq.
2424 Vista Way #102, Oceanside, CA 92054
3. Date, place and circumstances of the occurrence or transaction which gave rise to the claim:
a. Date: 02/ii/2023 Time: Approx -17:40
b. Avenida Encinitas 2i 12 feet south of Place: (Street address): _____________________ _
Palomar Airport Road
(Closest cross street) ______________________ _
Please see attached (Other info11m1tion describing place of occurrence) ____________ _
traffic collision report
Revised I 017/05
The signed document can be validated at https://app.vinesign.corn/Verify
Feb. 4, 2025 Item #1 Page 3 of 5
c. Description of the paiiicular act or omission you claim caused the injury or damage.
lnclude a full description of the circumstances involved in the act or omission. Please
include a statement of how the City or its employees caused the injury or damage. If you
claim that the injury or damage resulted from a condition of public property, please
describe the condition in detail. Use additional sheets of paper if necessary.
Please see attached traffic collision report for a description of the
incident. The city and/or it's employees negligently caused both injuries and
property damage by failing to properly secure the manhole cover
that was sent into the air when a car drove over it.
4. Description of the nature, indebtedness, obligation, injury, damage or loss so far as known at time of
presenting the claim.
This incident has caused both property damage to the vehicle struck by the
manhole cover, and injuries to Belonso Dalisay, the extent of which are
currently unknown.
5. Name or names of City employee or employees causing the injury, damage or loss. (If not known,
please state "not known.") If you do not knQw the name but can provide other identifying
information about the employee or employees, please do so.
Not known.
Revised l 017/05
Feb. 4, 2025 Item #1 Page 4 of 5
6. Amount claimed:
a. Amount claimed as of date of claim $ ----------b. Estimated amount of any future injury, damage or
loss: $ ----------c. Total amount claimed: $ ----------d. Basis of computation of amount claimed:
It is too soon to determine the amount claimed as Belonso Dalisay's vehicle
damage is currently undetermined, and he is still treating for his injuries. The
nature and extent of those injuries are currently unknown.
7. Name and address of witnesses, doctor, hospitals, etc.
NAME ADDRESS PHONE
a.
b.
C.
8. Additional information that might be helpful in considering claim:
Please find traffic incident report attached.
9. If you have pictures, sketches, reports or other documents relating to the transaction or occuITence you
may attach them to this claim. Please find traffic incident report attached.
I 0. Did you report the incident to any City employee or officer:? lf so, please identify the person and the
date of the report.
Officer Matt Taira, CB5566. Report dated 02/24/2023. Please find attached.
I have read the matters and statements made in the above claim and l know the same to be tTue of my own
knowledge, except as those matters stated upon information or belief and as to such matters I believe that
same to be true. 1 ce1iify under penalty of pe1jury that the foregoing is true and con-ect.
DATED: 03/10/2023 AT: ~'-----CL ATM ANT
F:\\VORD\FORMS\Claim Form 2.doc
Revised I 017/05
Feb. 4, 2025 Item #1 Page 5 of 5
2424 VISTA WAY, SUITE 102
OCEANSIDE, CA 92054
4+>. SARGENTLAWFIRM.COM
l;;l:.'11! INFO@SARGENTLAWFIRM.COM
P 844-SARGENT
IF (760) 780-1739
DESll.GNEE AUTHORlZATION
Belonso Dalisay NAME: _______________________ _
DATE OF ACCIDENT: ____ 0_2_/_l_l_/_2_0_2_3 __________ _
KNOWN PARTIES RESPONSIBLE: ______________ _
Pursuant to Section 2695.2 (C) of the California Code of Regulations, Title 10, Chapter 5; l
authorize and designate my Attorney:
Ryan H. Sargent, Esq.
Sargent Law Firm
2424 Vista Way, Suite 102
Oceanside, CA 92054
Phone: (760) 780-1684, Fax: (760) 780-1739
to handle any and all claims regarding the above-referenced matter and all mater related thereto.
This Authorization shall be valid until revoked by the undersigned. Any and all prior designee
authorizations are hereby revoked by the undersigned as of the date this Authorization.
02/14/2023
Date Client