August 17, 2023
CLAIM FOR DAMAGES
(Government Code §911.2)
TO: CITY OF EMERYVILLE
Via Certified US Mail
City Clerk's Office
CITY OF EMERYVILLE CERTIFIED MAIL
1333 Park Avenue RETURN RECEIPT REQUESTED
Emeryville, CA 94608
RE: Claimant: Ana Biocini
Date of Accident: July 20, 2023
Name of Claimant(s): Ana Biocini
Mailing Address and Telephone Number of Claimant:
Age of Claimant: SS#:
Give Address to Which You Desire Notices or Communications to be Sent regarding this Claim: c/o LAW OFFICES OF RAYMOND GHERMEZIAN, 8383 Wilshire Boulevard, Suite 1030, Beverly Hills, CA 90211. Tel: (323) 900-5800 Fax: (323) 900-5801.
How Did Damage or Injury Occur? Give full particulars:
Claimant tripped and fell on the City owned and controlled sidewalk/walkway located near and surrounding 6301 Shellmound Street, Emeryville, CA 94608. Claimant sustained injuries as a result of a dangerous condition on the subject (missing piece of sidewalk to allow water to drain on subject sidewalk/walkway) property. City of Emeryville had actual and constructive notice. Claimant sustained severe injuries to her skin abrasion - contusion - acute pain of left knee as a result of the dangerous condition on the subject City property. City of Emeryville and its employees negligently and recklessly designed, maintained and operated the subject (missing piece of sidewalk to allow water to drain on subject sidewalk/walkway) so as to cause the claimant's injuries. City of Emeryville negligently, carelessly, and recklessly failed to maintain, own, supervise, and inspect its (missing piece of sidewalk to allow water to drain on subject sidewalk/walkway) by allowing the Plaintiff to safely walk in the (missing piece of sidewalk to allow water to drain on subject sidewalk/walkway). City of Emeryville negligently, carelessly, and recklessly failed to provide adequate warnings and signs to the public. City of Emeryville negligently, carelessly, and recklessly failed to adequately train, supervise, hire and screen its employees who operated the subject sidewalk/walkway. Liability for City of Emeryville City of Emeryville
the Wrongful Act or Omissions by Public Entity Employees, Government Code Section 815.2 et seq. and Liability for Dangerous Condition of Public Property, Government Code Section 835. The City of California failed to follow the proper procedures and guidelines with regard to keeping safes (missing piece of sidewalk to allow water to drain on subject sidewalk/walkway) and following safe techniques resulting in a recklessness and negligent acts. The City of Emeryville recklessly and negligently caused Claimant to sustain severe injuries. Claimant is still treating and the full extent of Claimants injuries are to be determined. Investigation and discovery ongoing, claimant reserves the right to amend/supplement this claim form.
Name of Agency against which this claim is filed?
City of Emeryville
When Did Damage or Injury Occur? Give full particulars; date, time of day:
07/20/2023 @ approx 12:45 p.m.
Where Did Damage or Injury Occur? Describe fully.:
Claimant tripped and fell on the City owned and controlled sidewalk/walkway surface located near and surrounding 1632 Broadway, Sacramento, CA.
What Particular Act or Omission Do You Claim Caused the Injury or Damage? Give Names of employees causing the injury or Damage, if known:
Claimant tripped and fell on the City owned and controlled sidewalk/walkway surface located near and surrounding 6301 Shellmound Street, Emeryville, CA 94608.
Claimant sustained injuries as a result of a dangerous condition on the subject City (missing piece of sidewalk to allow water to drain on subject sidewalk/walkway) property. City of Emeryville had actual and constructive notice. Claimant sustained severe injuries to her skin abrasion - contusion - acute pain of left knee as a result of the dangerous condition on the subject City property. City of Emeryville and its empioyees negligently and recklessly designed, maintained and operated the subject (missing piece of sidewalk to allow water to drain on subject sidewalk/walkway) so as to cause the claimant's injuries. City of Emeryville negligently, carelessly, and recklessly failed to maintain, own, supervise, and inspect its sidewalk/walkway by allowing the Plaintiff to safely walk in the sidewalk/walkway. City of Emeryville negligently, carelessly, and recklessly failed to provide adequate warnings and signs to the public. City of Emeryville negligently, carelessly, and recklessly failed to adequately train, supervise, hire and screen its employees who operated the subject sidewalk/walkway. Liability for the Wrongful Act or Omissions by Public Entity Employees, Government Code Section 815.2 et seq. and Liability for Dangerous Condition of Public Property, Government Code Section 835. The City of Emeryville failed to follow the proper procedures and guidelines with regard to keeping safe sidewalk/walkway and following safe techniques resulting in a recklessness and negligent acts. The City of Emeryville recklessly and negligently caused Claimant to sustain severe injuries. Claimant is still treating and the full extent of Claimants injuries are to be determined. Investigation and discovery ongoing, claimant reserves the right to City of Emeryville
amend/supplement this claim form.
What amount do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: Within the jurisdiction of the Superior Court. Believed to exceed $1,000,000.
Names and Address of Witnesses, Doctors and Hospitals:
Unknown Employees of the City of Emeryville whose names are unknown and other witnesses whose names are unknown at this time. Claimant's treating physicians including but not limited to physicians. Investigation and Discovery ongoing, Plaintiff reserves the right to amend and/or supplement this claim form.
DATED: August 17, 2023
Raymond Ghermezian, Esq.
On Behalf of Claimant Ana Biocini