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HomeMy WebLinkAbout20221215_Claim_Thai-23-042iem Thai OMAN M- 1 EmaiL n November 7th, 2022, 1 was in my wheelchair going down the sidewalk at the above address 2.nd was unable to pass because the sidewalk was inaccessible due to unmaintained pavement issues and cracks. (Photo attached). The sidewalk surface was too rough to get through. I could not navigate passed it and had to backtrack to get to the other side of the street, so that I could move forward. Please fix this serious issue immediately. This a demand letter for statutory damages under the Unruh Act Civil Code 51 and th4 American Disabilities Act of 1990. 1 am demanding a payment of $4,000. Under the Unruh Act, I am entitled to statutory damages of $4,000 per occurrence. Sincerely, Diem Thai ClerkOfficeoftheCity Pj4. CLAIM PRESENTED TO THE CITY OF SAN LUIS OBISPO PLEASE READ THE INSTRUCTIONSNS ON THE BACK BEFORE COMPLETING. 1 Claimant's Name (please priest) Diem Thai Address Day Phone Evening Phone 657- Claire No. When did the damage or injury occur? Date and time November 7th, 2022 @ 2:52pm November 7th, 2022 @ 2:52pm 3 Where did the damage or injury occur? San Luis Obispo Police Report Number 2885 a Higuera Street, 'Zpan Luis Obispo, 4 What happened and why do you think the City is responsible? unmaintained city sidewalk. See attached letter and photo for more details If applicable, identify the name and position of responsible City employee(s), if known. none 5 What damage or injury occurred? statutory damages. See attached letter and photo for more details. Claim Amount If the amount exceeds $10,000, please check the court of appropriate jurisdiction 4, 000 only if less Municipal Court (claims up to $25,000) than $ 10,000 Superior Court (claims over $25,000) 7 How did you arrive at amount claimed? Please attach documentation. 4, 000 for statutory damages. See attached letter for detailed explanation. 8 I declare under penalty of perjury under the laws of the State of California that the following information i, true and correct, and that this declaration was executed on: 7--` Z j f' California a Signature of Claimant or Representative Date Place OFFICIAL. NOTICE AND CORRESPONDENCE W representedby an'insurance company or an attorney, please provide the information regreestedtaelovv. Name and Capacity (please print) Diem Thai Address 9353 Phone Evening phone 657- PLEASE TYPE OR PRINT CLEARLY ALL THE INFORMATION REQUESTED ON THE CLAIM FORM' YOU MUST COMPLETE EACH SECTION OR YOUR CLAIM MAY BE RETURNED ASINSUFFICIENT. THE FOLLOWING PROVIDES SPECIFIC INSTRUCTIONS FOR COMPLETING EACH SECTION QFTHE CLAIM FORM: I NAME AND MAILING ADDRESS OF CLAIMANT - State the full name and mailing uddn*nn of the person/persons claiming damage or injury, Pivano include a daytime and evening telephone number. 2 WHEN DID THE DAMAGE OR INJURY OCCUR? - State the exact month, daha, and year, and approximate time (if kn»»«») ofthe incident that caused the alleged dannage/injury. Under State law, claims relating to causes of action for personal injury, wrongful death, property damage, and crop damage must be presented to the City of San Luis Obispo no later than six months after the incident date. Please note that evidence of "presentation" includes clear postmark date on an envelope or u certification of personal service. When filing a claim beyond the mix -month period, you must explain the reason the claim was not filed within the six-month period. This explanation iocalled an"application for leave topresent alate claim nnonsidehngyour claim, the CdywiU ntdecide vvhethnrthe late doimapplication should begranted ordenied. ( See /ovornmentCode Section Q11.4for the legally acceptable reasons a claim may be filed late.) Only if your late claim application is granted will the City then consider the merits of your claim. Claims relating to any cause of action other than personal injury, wrongful death, property damage, and crop damage must be presented no later than one-year after the incident date. (See Government Code Section 911.2.) 3 IN WHICH LOCATION DID THE DAMAGE OR INJURY OCCUR? - Please include street address, city, county, intersection, etc. If p000ib!e, also include the Police Report nunnbor. 4 WHAT HAPPENED AND WHY D0 YOU THINK THE CITY IS RESPONSKBLEY- Please explain the circumstances that led to the alleged damage or injury. State all facts that support your claim with the City of San Luis Obispo, and why you believe the City is responsible for the alleged damage or injury. If known, identify the name of the City Department(s) and/or Cityemp|oyee(o) that allegedly caused the damage or injury. 5WHAT DAMAGE OR INJURY OCCURRED? - Provide in full detail a description of the damage/injury that allegedly resulted from the incident. (What specific damage or injury do you claim resulted from the alleged actions?) 6 CLAIM AMOWNT- State the specific total dollar amount you are claiming as o result of the aUogeddomoge/injury. If damnege/injury is continuing or is anticipated in the future, indicate with a ^+^ following the dollar figure if $10.000 or under. If the total dollar amount in unspecified or oxooada $ 10.000, designate the appropriate court jurisdiction for the claim. 7HOW DID YOU ARRIVE AT AMOUNT CLAIMED? - Provide a breakdown of how the total amount that you are claiming was computed. You may declare expenses incurred and/or future, anticipated expenses. If you have supporting documentation (ie: biUe, payment rocmipto, cost estimates), please attach copies of them to your claim. 8 SIGNATURE - The claim must be signed by the claimant or by the attorney/representative of the claimant. The City will not accept the claim without a proper signature. Government Code Soc1innS10. 2 provides: "The claim shall be signed by the claimant or by the person on his/her behalf." 9 OFFICIAL NOTICES AND CORRESPONDENCE - Provide the name and mailing address ofthe person Vnwhom all official notices and other correspondence from the City should be sent, only if other than claimant. Please provide telephone numbers for the representative, if applicable. SUBMIT COMPLETED CLAIMS AND RELATED DOCUMENTATION TO: City cf San Luis Obispo, City Clerk's Office, 880Pa|m Street, San Luis Obispo, CA 93401-3249. Personal service of claims can be accomplished during regular City business hours, (excluding City holidays). If you wish to receive a stamped copy of the claim, return the form to the City Clerk of San Luis Obispo with a cover letter, along with a stamped, self-addressed envelope, informing the City of your request. If, after reading these instructions, you have questions or need additional information regarding the filing of a claim with the City ufSan Luis Obispo, please contact the City Clerk's Office at ( 805)781-7114. Once you have led your claim, you will receive o letter from the City's Claims Administrator (Carl Warren & Company) indicating your claim has been received and is being investigated. You will receive an explanation of the investigation results within 45 days in most instances. If you have questions about the status of a filed claim, please contact Carl Warren & Company at (805) 544-7903.