CITY CLERK'S DATE STAMP
CITY OF RIALTO
LIABILITY
CITY OF RIALTO
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY 2022 JAN 13 PM 3: 57
RECEIVED
1. Claims for death, injury to person, or to personal property must be filed not later than six (6) months after the occurrence (Gov. Code §911.2). CITY CLERK
2. Claims for damages to real property must be filed not later than one (1) year after the occurrence (Gov. Code §911.2).
3. READ ENTIRE CLAIM FOR BEFORE FILING RETURN TO:
4. ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS Rialto City Clerk's Office Mail: 150S. Palm Ave., Rialto, CA 92376
Address: 290 W. Rialto Ave., Rialto, CA 92376
CLAIMANT INFORMATION:
Anthony Brandyberry
-
FULL NAME DATE OF BIRTH
CA 91101-4873
HOME ADDRESS INCLUDING CITY, STATE & ZIP HOME TELEPHONE NO.
CA 91101-4873
BUSINESS ADDRESS INCLUDING CITY, STATE & ZIP BUSINESS TELEPHONE NO.
ADDRESS AT WHICH CLAIMANT DESIRES TO RECEIVE Same as Above
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
(if different from home address provided above):
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: July 27, 2021 TIME: N/A L AM •I PM
2. PLACE OF ACCIDENT (OCCURRENCE) BE SPECIFIC - Describe fully and (if applicable) locate on diagram on reverse side of this sheet.
Where appropriate, give street names and addresses, measurements and landmarks.
Rialto City Hall
3. HOW DID DAMAGE OR INJURY OCCUR?
See attachment.
4. WERE POLICE AT THE SCENE? • YES XI NO WERE PARAMEDICS AT THE SCENE? •YES NO
5. WHAT PARTICULAR ACT OR OMISSION DO YOU CLAIM CAUSED THE INJURY OR DAMAGES? Give the name of the city/town employee causing the injury or damage, if known.
See attachment.
6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $Exceeds $25,000 HOW WAS THE ABOVE AMOUNT COMPUTED? Be specific, list doctor bills, repair estimates, etc. Please attach 2 estimates.
DAMAGES INCURRED TO DATE:
Item/Date: To be determined at time of trial. Amount: $ Item/Date: Amount: $
TOTAL AMOUNT CLAIMED AS OF PRESENTATION OF THIS CLAIM: $See Gov. Code 910(f).
ESTIMATED PROSPECTIVE DAMAGES, AS FAR AS KNOWN:
Item/Date: Amount: $_
Item/Date: Amount: $.
TOTAL ESTIMATED AMOUNT PROSPECTIVE DAMAGES: $
7. WITNESSES TO DAMAGE OR INJURY List all persons known to have information (attach additional pages, if necessary) NAME: See attachment. NAME:
ADDRESS: ADDRESS:
TELEPHONE: |) TELEPHONE: |)
8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITAL(S) VISITED:
NAME: See attachment. NAME:
ADDRESS: ADDRESS:
TELEPHONE: _1 TELEPHONE: | )
DATE: TIME: ШАМ ОРМ DATE: TIME:
9. PLEASE READ THE FOLLOWING CAREFULLY:
For all vehicle accident claims, place on the following diagram, the names of streets, including NORTH, EAST, SOUTH AND WEST directions. Indicate place of accident by "X" and by showing house numbers or distances to street corners. a city/town vehicle was involved, designate by letter "A" location of the City/Town vehicle when you first saw it, and by "B" location of yourself or your vehic hen you first saw City/Town vehicle; location of City/Town vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of th accident by "B-1" and the point of impact by "X".
→ NOTE: IF THE DIAGRAM BELOW DOES NOT FIT THE SITUATION, PLEASE ATTACH A PROPER DIAGRAM SIGNED BY THE CLAIMANT.
CURB
PARKWAY
7/F SIDEWALK
AVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF; AND CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS OSE MATTERS WHICH ARE HEREIN STATED UPON MY INFORMATION AND BELIEF; AND AS TO THOSE MATTERS I BELIEVE THEM TO BE TRI I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
SIGNATURE OF CLAIMANT OR AGENT
Alan Romero (SBN 249000) January 4, 2022
TYPE OR PRINT NAME DATE
Attorney
RELATIONSHIP TO CLAIMANT
NOTE: PRESENTATION OF A FALSE CLAIM IS A FELONY (CA PENAL CODE 72) RETURN CLAIM TO: RIALTO CITY CLERK'S OFFICE - 150 S. PALM AVE., RIALTO, CA 92376 Government Claim Form Attachment
3. How did damage or injury occur?
Plaintiff was an employee of the City of Rialto ("Rialto"). Plaintiff was formerly the Superintendent of the City of Rialto Public Works Department. In November 2020, Plaintiff filed his first grievance against Public Works Director For creating a hostile work environment.
Later in November 2020, Plaintiff began to have abdominal pain, which turned out to be related to his gall bladder. Plaintiff arranged to have gall bladder surgery the following month during the holidays in order to minimize the impact of any prospective absence upon departmental operations. Plaintiff underwent a surgical procedure to remove his gall bladder on December 4, 2020, and was took four weeks of protected medical leave in order to recover from the abdominal surgery.
In January 2021, Plaintiff filed a second complaint against Director resulting in the opening of a workplace investigation into Director tenure.
On March 11, 2021, Plaintiff became ill at work and had chest pains that night as a result of harassing work conditions created by Director This resulted in a third grievance against Director by Plaintiff and a visit to Plaintiff's doctor. Due to occupational stress occasioned by the toxic work environment created and maintained by Director Plaintiff received a medical certification putting him off work for a week. Later this month, Plaintiff returned to work for a period of 2-3 weeks.
In April 2021, Rialto filed a worker's compensation claim on behalf of Plaintiff without his knowledge or consent. As a result, Plaintiff was medically certified to be excused from work from April 20. 2021 until June 30. 2021. The unsolicited worker's compensation claim opened on Plaintiff's behalf was ultimately denied by Rialto's worker's compensation carrier. On June 30, 2021, Plaintiff returned to work.
In July 2021, Plaintiff was told that his position was defunded, resulting in the termination of Plaintiff's employment. Plaintiff is informed and believes, and thereupon alleges that the purported defunding of Plaintiff's position was a pretext to unlawfully terminate his position in violation of Lab. Code § 1102.5 and the California Fair Employment and Housing Act ("FEHA"). Plaintiff alleges that there existed a nexus between his protected whistleblowing activity and his FEHA protected statuses and the adverse employment action: his termination.
On July 27, 2021, the Rialto City Council approved an action to defund and eliminate Plaintiff's position. Plaintiff is informed and believes, and thereupon alleges that there existed no legitimate business purpose for the defunding of Plaintiff's position and that the only purpose of this City Council action was to impose an unlawful and adverse employment action upon Plaintiff as a result of his protected activities and statuses.
5. What particular act or omission do you claim caused the injury or damages? At all times relevant to the instant Claim, the tortfeasor employees of Rialto were working within the course and scope of their employment as an agent of Rialto, with a respondent superior relationship existing as between the employee-agent and the employer-principals. All bad acts alleged to have been undertaken by the Rialto employee tortfeasors against Plaintiff were carried out under color of authority, that authority having been vested in these tortfeasors by RIALTO.
Had the tortfeasors not been Rialto agent-employees, the harms herein alleged would not have transpired, and Plaintiff would not have been injured
Pursuant to Gov. Code § 815.2, Rialto is liable for injury proximately caused by acts or omissions of its employees within the scope of their employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or their personal representatives. Plaintiff heretofore alleges that the wrongful acts by the tortfeasors caused the injuries to them as set forth in this complaint, in that these acts or omissions would have given rise to a cause of action against them and in favor of Plaintiff, independent of Gov. Code § 815.2.
Further, pursuant to Gov. Code § 820, the tortfeasors are liable for injuries caused by their acts or omissions to the same extent as a private person. Plaintiff further alleges that the individual tortfeasors caused their injuries, as set forth herein, and are therefore liable to Plaintiff for damages arising out of those injuries as authorized by Gov. Code § 820.
7. Witnesses to damage or injury:
1. Jonnette Brandyberry (Wife)
2. Jacob Brandyberry (Son)
3. Grover M. Brandyberry (Father)
Eleanor Brandyberry (Mother)
9. If injured, provide name, contact information and date/time doctors) or hospitals) visited:
1. Dr. Norman Reichwald, Psy.D., QME
Genesis Phycology Group, INC.
3611 Motor Ave
Suite 240
Los Angeles, CA 90034
(310)837-2444 Office
(310)837-8141 Fax
2. Kaiser Permanente (intake interview)
Occupational Medicine
10800 Magnolia Ave
Riverside, CA 92505
(951)353-4322
3. Dr. Vu Hoang Tinh, MD (My Medical Dr.)
Kaiser Permanente
27309 Madison Ave
Temecula, CA 92590
PAPER
8C* C116910 POUCH
UNITED STATES
UNITED STATES PRIORIT' POSTAL SERVICE C Click-N-Ship®
usps.com
$8.95 9405 5036 9930 0132 2437 94 0089 5000 0029 2376
POSTAL SERVICE® MAIL US POSTAGE
Flat Rate Env
U.S. POSTAGE PAID
01/11/2022 Mailed from 91101
1 delivery date specified for domestic use.
nestic shipments include up to $50 of insurance (restrictions apply PRIORITY MAIL 2-DAY ™ acking® included for domestic and many international destinations ROMERO LAW, APC Expected Delivery Date: 01/15/22 251 S LAKE AVE STE 930
"ternational insurance.** PASADENA CA 91101-4873 0006
ed internationally, a customs declaration form is required. es not cover certain items. For details regarding claims exclusions see the C002 and prove sue ur use it goramy many mem i Manual at http://pe.usps.com. A 110
tional Mail Manual at http://pe.usps.com for availability and limitations of coverage EI NYS ZZOZ Misuses may be a violation of federal law. This package is not for resale. EP14F © U.S. Postal Service; May 2020; All rights reserved.
SHIP • A 110
TO: 10
RIALTO CITY CLERK'S OFFICE
150 S PALM AVE 18310 Cut on dotted line
RIALTO CA 92376-6406
RATE ENVELOPE
• ANY WEIGHT USPS TRACKING #
KED • INSURED To schedule free Package Pic
scan the QR code. This packaging is the property of the U.S. Postal Service 9405 5036 9930 0132 2437 94
EP14F May 2020 Electronic Rate Approved #038555749
0001000014
OD: 12 1/2 × 9 1/2 USPS.COM/PICKUP
-x-