BOARD AGENDA MEMORANDUM
SUBJECT:Title
Deny Claim of Downtown L.A. Law Group on behalf of Felicia Saabedra.
End
RECOMMENDATION:Recommendation
Deny the claim.
Body
SUMMARY:
Santa Clara Valley Water District (Valley Water) received a claim on June 1, 2022 from the Downtown Law Group on behalf of their client, Felicia Saabedra (District 6). The claimant is seeking $1,000,000 for bodily injury and pain and suffering as a result of stepping into an opened manhole located near 2048 N. Capital Avenue on December 7, 2021.
Risk Management and field staff have investigated this claim and staff is of the opinion that Valley Water does not bear liability. While Valley Water does have a pipeline running down N. Capital Avenue, that pipeline is on the other side of the street from where the accident occurred. Therefore, there was no negligence on the part of Valley Water because the manhole covers do not belong to Valley Water.
In summary, there is no apparent legal basis on which the claimant bases her claim.
As such, staff recommends that this claim be denied. Staff has advised the Downtown LA Law Group of this recommendation and of their right to speak to the Board at its consideration of this item.
ENVIRONMENTAL JUSTICE IMPACT:
There are no Environmental Justice impacts associated with this item.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: Claim
UNCLASSIFIED MANAGER:Manager
Carlos Orellana, 408-630-2755