Baldwin Park
City Council
6. Claim Rejection
Staff recommends that City Council reject the following claims and direct
staff to send the appropriate notice of rejection to claimant(s):Re: K8
Investor Holdings, LLC ("Claimant")-On October 20, 2022, Claimant
presented a claim for, among other things, inverse condemnation;
intentional interference with contractual and prospective and economic
relationship; fraud ("Tort Claim"). This Tort Claim is untimely. The
Development Agreement with Kultiv8 Group, LLC (predecessor owner of
Claimant) was approved on May 2, 2018 by the City Council; therefore,
the Tort Claims should have been presented on or about November 2,
2018. Staff recommends that this Tort Claim be rejected, as untimely, with
the Notice of Rejection set forth below. Re DJCBP Corporation dba Tier
One Consulting and David Ju ("Claimants")-On October 26, 2022-
Claimants presented a claim for what appears to be: Civil RICO; Fraud;
Negligence; Conversion; Rescission; Declaratory Relief; Unfair Business
Practices; Financial Elder Abuse ("Tort Claims"; see letter from David
Torres-Siegrist, Esq., dated September 22, 2022). This Tort Claim is
untimely. The Development Agreement with Claimants was approved on
April 3, 2019 by the City Council; therefore, the Tort Claims should have
been presented on or about October 3, 2019. Staff recommends that this
Tort Claim be rejected, as untimely, with the Notice of Rejection set forth
below. This government claim, and all government claims, should be
considered as potential lawsuits in the future. Thus, it is requested that all
City Staff, the Mayor and all Councilmembers refrain from making any
statements, whether public or private in nature. It is important that no
statements be made so as to not prejudice this claim in any way which
can happen if public or private comments are made about this claim by
City staff or Councilmembers.
STAFF REPORT
PUBLIC HEARING
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