GASTÉLUM LAW
3767 WORSHAM AVE., LONG BEACH, CALIFORNIA 90808-177
213) 340-6112 | [email protected]
October 5, 2022
Sent Via Certified Mail, RRR.
Article No. 7021-0350-0002-3462-4816
Rialto City Clerk's Office
150 S. Palm Ave. CITY CLEI RECEIV
Rialto, CA 92376 2022 OCT - 7 AMII: 29 CITY OF RIALTO
RX ED
Re: Government Claim
Claimants: Jose Ramirez
Date of Incident: April 10, 2022
To Whom It May Concern:
Enclosed please find a Government Claim pursuant to California Government section 910 presented to the City of Rialto, both an original and a copy, for filing on behalf of claimant Jose Ramirez.
Please retain the original for your files and return the conformed copy of the claim for Jose Ramirez to our office in the enclosed self-addressed stamped envelope.
If you have questions regarding this claim, please do not hesitate to contact our office.
Very Truly Yours,
GASTÉLUM LAW, APC
Denisse O. Dastitum
DENISSE O. GASTÉLUM
Enclosures
3767 WORSHAM AVE., LONG BEACH, CALIFORNIA 90808-1774 | TEL (213) 340-6112 | FAX (213) 402-8622 [email protected] | WWW.GASTELUMFIRM.COM
CITY CLERK'S DATE STAMP
CITY OF RIALTO
MIALIO. CAME CITY OF RIALTO
LIABILITY
2022 OCT - 7 AMII: 29
CL
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY RECEIYED
CITY CLERK
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).
2. Claims for damages to real property must be filed not later than one (1) year after the occurrence (Gov. Code §911.2). RETURN TO:
3. READ ENTIRE CLAIM FOR BEFORE FILING
Rialto City Clerk's Office
4.ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS Mail: 150 S. Palm Ave., Rialto, CA 92376 Address: 290 W. Rialto Ave., Rialto, CA 92376
CLAIMANT INFORMATION:
Jose Ramirez
-
FULL NAME DATE OF BIRTH
Attn: Denisse O. Gastelum, Esq.: Gastelum Law, APC; 3767 Worsham Ave., Long Beach, CA 90808 HOME ADDRESS INCLUDING CITY, STATE & ZIP HOME TELEPHONE NO. -
BUSINESS ADDRESS INCLUDING CITY, STATE & ZIP BUSINESS TELEPHONE NO.
Attn: Denisse O. Gastelum, Esq.; Gastelum Law, APC
ADDRESS AT WHICH CLAIMANT DESIRES TO RECEIVE
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM 3767 Worsham Ave., Long Beach, CA 90808 (if different from home address provided above):
1:00 •I AM ≥ PM
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: 04/10/2022 TIME:
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.
See Attachment A.
3. HOW DID DAMAGE OR INJURY OCCUR?
See Attachment A.
4. WERE POLICE AT THE SCENE? DYES •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 A.
6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $ See Attachment A.
HOW WAS THE ABOVE AMOUNT COMPUTED? Be specific, list doctor bills, repair estimates, etc. Please attach 2 estimates.
DAMAGES INCURRED TO DATE:
Item/Date: Amount: $_
Item/Date: Amount: $_
TOTAL AMOUNT CLAIMED AS OF PRESENTATION OF THIS CLAIM: $See Attachment A.
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 A. NAME:
ADDRESS: ADDRESS:
TELEPHONE: L TELEPHONE: | )
8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITAL(S) VISITED:
NAME: See Attachment A.
NAME:
ADDRESS: ADDRESS:
TELEPHONE: L TELEPHONE: )
DATE: TIME: DATE: TIME: • AM • PM
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 If 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 vehicle when 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 the 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 2022 OCT.- 7
PARKWAY CITY OF RIALTO
LIVED
SIDEWALK
AMI1: 29
I HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF; AND CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE MATTERS WHICH ARE HEREIN STATED UPON MY INFORMATION AND BELIEF; AND AS TO THOSE MATTERS I BELIEVE THEM TO BE TRUE dem ICE DE UNOERPENALTY OF PERURY THAT THE FOREGOING B TRUE AND CORRECT.
SIGNATURE OF CLAIMANT OR AGENT
Denisse O. Gastelum, Esq. 10/05/2022
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 ATTACHMENT "A"
ATTACHMENT "A"
1. NAME OF CLAIMANT:
Jose Ramirez
NAME AND POST OFFICE ADDRESS OF THE PERSON TO WHOM NOTICE OF ACTION ON THIS CLAIM IS TO BE SENT:
Jose Ramirez
c/o Denisse O. Gastélum, Esq.
GASTELUM LAW, APC
3767 Worsham Ave.,
Long Beach, CA 90808-1774
Tel: (213) 340-6112
Fax: (213) 402-8622
[email protected]
3. DATE AND LOCATION WHERE INJURY SUSTAINED:
On April 10, 2022, at approximately 1:00 p.m., at or near the intersection of N. Cedar Ave. and W. Buxton Dr., City of Rialto, California 92377.
4. A GENERAL DESCRIPTION OF THE INJURY INCURRED:
On April 10, 2022, at approximately 1:00 p.m., at or near the intersection of N. Cedar Ave. and W. Buxton Dr., City of Rialto, California 92377.
This government claim arises from the April 10, 2022 incident wherein Rialto Police Department police officers used excessive force against Jose Ramirez. The incident occurred at or near the intersection of N. Cedar Ave. and W. Buxton Dr., City of Rialto, California 92377.
On that date and time, Rialto Police Department police officers, while on duty and in the course of pursuing Mr. Ramirez to undertake a warrantless arrest of Mr. Ramirez, intentionally struck Mr.
Ramirez with his motor vehicle as Mr. Ramirez fled on foot from the Rialto Police Department police officers. Said use of force was intentionally inflicted to seize Mr. Ramirez causing permanent personal injuries.
The present claimant is Jose Ramirez. The present claims are for unlawful search and seizure of Mr. Ramirez; the battery of Mr. Ramirez; the false arrest and imprisonment of Mr. Ramirez, violation of Mr. Ramirez's rights pursuant to the California Bane Act; and the police officers' intentional infliction of emotional distress upon Mr. Ramirez. As a result of the intentional and/or negligent conduct described herein, Jose Ramirez presents the instant claim for his damages, losses and for the imposition of punitive damages against the involved police officers.
TOTAL AMOUNT CLAIMED FOR INJURIES:
The amount claimed exceeds the limit provided in section 910(f) of the Government Code. This claim will be an unlimited civil case.
6. NAME OF HOSPITALS/PHYSICIANS:
N/A
7. HOW INJURY OR DAMAGE OCCURRED/BASIS FOR LIABILITY:
On April 10, 2022, at approximately 1:00 p.m., at or near the intersection of N. Cedar Ave. and W. Buxton Dr., City of Rialto, California 92377.
This government claim arises from the April 10, 2022 incident wherein Rialto Police Department police officers used excessive force against Jose Ramirez. The incident occurred at or near the intersection of N. Cedar Ave. and W. Buxton Dr., City of Rialto, California 92377.
On that date and time, Rialto Police Department police officers, while on duty and in the course of pursuing Mr. Ramirez to undertake a warrantless arrest of Mr. Ramirez, intentionally struck Mr.
Ramirez with his motor vehicle as Mr. Ramirez fled on foot from the Rialto Police Department police officers. Said use of force was intentionally inflicted to seize Mr. Ramirez causing permanent personal injuries.
The present claimant is Jose Ramirez. The present claims are for unlawful search and seizure of Mr. Ramirez; the battery of Mr. Ramirez; the false arrest and imprisonment of Mr. Ramirez; violation of Mr. Ramirez's rights pursuant to the California Bane Act; and the police officers' intentional infliction of emotional distress upon Mr. Ramirez.
As a result of the intentional and/or negligent conduct described herein, Jose Ramirez presents the instant claim for his damages, losses and for the imposition of punitive damages against the involved police officers.
Jose Ramirez was falsely arrested, battered and subjected to threats by the police officers of the Rialto Police Department in attempt to intimidate him from asserting his constitutional rights against unreasonable searches and seizures and his right to remain silent.
The Rialto Police Department police officers intentionally deprived Jose Ramirez of his freedom of movement by use of power of authority and/or intimidation. Mr. Ramirez was restrained by these Rialto Police Department police officers and each of their actions. These police officers assaulted and battered Mr. Ramirez, as described herein, when they intentionally caused said non-consensual, unprivileged, unjustified, harmful or offensive contact to the person of Mr. Ramirez. The conduct of the police officers violated Jose Ramirez's constitutional rights under the Constitution of the United State and the State of California. Specifically, the police officers conduct violated the Bane Act in that the police officers that came into contact with Jose Ramirez made threats to him to attempt to intimidate him from asserting his constitutional rights against unreasonable searches and seizures and right to remain silent.
Further, the police officers who used excessive force against Jose Ramirez and other presently- unknown police officers of the Rialto Police Department, who were present at the time the excessive force was used against Mr. Ramirez, and who were in a location and position of authority to prevent the excessive force, failed to do so. Said failure was in conscious and deliberate disregard for the civil rights of Mr. Ramirez and for the injuries which Mr. Ramirez would likely suffer as a result of the excessive force.
The excessive force and resultant injuries on the person of Jose Ramirez, as well as the other acts and omissions enumerated above, were done as a result of, or pursuant to, the unconstitutional policies, practices, customs, and procedures in place at the Rialto Police Department and sanctioned, authorized and ratified by said department and the City of Rialto, and those other captains, lieutenants, supervisors, persons, officials and police officers of the Rialto Police Department and the City of Rialto who have policy-making authority.
Further, the excessive force used upon the person of Jose Ramirez by the police officers of the Rialto Police Department was a result of the failure of the Rialto Police Department to adequately and sufficiently train the unknown police officers who used the excessive force against Mr. Ramirez and the other officers who were present during the incident as to proper police practices and tactics for the management and control of persons as well as the proper use of detention procedures against fleeing persons.
The Rialto Police Department and the City of Rialto also negligently hired and retained the officers who used excessive force against the person of Jose Ramirez and those who participated in the investigation of said excessive force, when it was known, or should have been known, by said Department and City that these police officers had on prior occasions used excessive force and/or had participated in the concealment and cover-up of police misconduct.
8. OTHER PERTINENT INFORMATION:
NONE.
9. NAME OF THE PRESENTLY KNOWN EMPLOYEES, AGENTS, OR
REPRESENTATIVES, WHOSE ACTS OR OMISSION CAUSED CLAIMANT'S INJURIES:
The identities of the involved Rialto Police Department police officers are currently unknown.
10. KNOWN ADDRESSES OF DISTRICT OFFICERS, EMPLOYEE, OR AGENTS CAUSING CLAIMANT'S INJURIES:
UNKNOWN.
ALL NOTICES OR OTHER COMMUNICATIONS REGARDING THIS CLAIM SHOULD BE SENT TO CLAIMANT AT:
c/o Denisse O. Gastélum, Esq.
GASTÉLUM LAW, APC
3767 Worsham Ave.,
Long Beach, CA 90808-1774
Tel: (213) 340-6112
Fax: (213) 402-8622
[email protected]
3767 worsham Are.
Long Blach CA 40808
1000* *••• 180 a6i71 ia s0 tal
7021 0350 0002 3462 4816 92376
2202 9 - 100
USPS
CITY OF RIALTO 2022 OCT - 7 AMII: 29 RECIVED CITY CLERK : RECEIPT
BE URE REOUESTED
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150 S. Palm Ave.
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