2001 AGN NOV 06 I07 - Laserfiche WebLink

Browse Search

October 5, 2001 Law Offices of James R. Rosen 468 North Camden Drive, 3`" Floor Beverly Hills, California 90210 Attention: Eric A. Gowey Re: April Whitec loud, et al. V. City of Colton Our Principal: City of Colton Date of Loss: March 31, 2001 Our File Number: N27663 -DD Location: I 215 Freeway Dear Mr. Gowey: This letter will serve to identify our company as the claims administrators representing our principal, City of Colton. Recently the City of Colton received a claim from your office on behalf of your clients April Whitecloud, et al. A review of the claim indicates that your clients apparently were involved in an auto accident on Interstate 215, north of Iowa Avenue, in the City of Colton, California. This particular roadway is a State of California owned interstate, and is not under the jurisdiction, care, custody, or control of the City of Colton. We have instructed our principal to reject this claim. In considering your future course of action, we remind you of the provisions of Code of Civil Procedure, Sections 1038 and 128.7. In the course of any litigation filed against the City of Colton, it will seek whatever remedies are afforded to it under the Statute. It is not our intention to discourage the filing of litigation against this public entity when there is a valid basis for doing so under facts of law. In this case, we feel there is no such basis. We are sure you will exercise your judgment in advising your clients as to filing litigation which includes the City of Colton as a defendant in view of the application of CCP 1038 and 128.7. Very truly yours, CARL WARREN & COMPANY D. �)E_0.d Lt Dave L. Dearden DLD:mau CARL WARREN & CO. , ,,`;J CLAIMS MANAGEMENT -CLAIMS ADJUSTERS t -------- --•_.Y._ __... '" P.O. Box 6205 • San Bernardino. CA 92412 - - - - - Phone: (909) 884-8669 - (800) 762-3216 - Fax: (909) 888-4888 Website: http://www.carlwarren.com -