B ADANTE D. POINTER, ESQ
APOINTERGLAWYERSFTP.COM
PATRICK M. BUELNA, ESQ.
PBUELNABLAWYERSFTP COM
LATEEF H. GRAY, ESQ
LGRAYGLAWYERSFTP.COM
POINTER & BUELNA
AWYERS FOR THE PEOPLE"
November 14, 2022
ATTN: Claims Division
Rialto City Clerk's Office
150 S. Palm Ave.,
Rialto, CA 92376
CITY CLERK RECEIVEL 2022 NOV 17 AMIO: 28 CITY OF RIALTO RE: Request for Endorsed Copy Verifying Administrative Claim Received RE: Bianca Valenzuela
Date of Birth:
Date of Incident: 05/15/2022
Dear Clerk,
This is to inform you that Pointer & Buelna, LLP - Lawyers for the People represents Bianca Valenzuela, who suffered injuries due to an encounter with Rialto Police Officers on or about 2:00 a.m. on May 15, 2022, at or near the intersection of N. Sycamore Ave. and E. Foothill Blvd. in Rialto, California.
We have attached a copy of a completed claim form, which includes a detailed addendum. We have sent you two (2) copies of the form. We request that you send us back one (1) endorsed copy verifying the time and date that our claim was received.
We have also attached a California Public Records Requests for the relevant documents and a Notice of Preservation of Evidence.
If you have any questions, please contact us immediately.
Partner/ Litigation Attorney
POINTER & BUELNA, LLP
LAWYERS FOR THE PEOPLE
www.LawyersFTP.com
WELLS FARGO CENTER • 155 FILBERT ST., SUITE 208 • OAKLAND, CA 94607 • TEL (510) 929-5400 B
POINTER & BUELNA
GOVERNMENT TORT CLAIM FORM
Name: First, Middle, Last Race: Date of Birth:
Bianca Valenzuela 11/17/1980
Address City, State, Zip Home Phone: Work Phone:
155 FILBERT ST., SUITE 208 OAKLAND, CA 94607
Name: First, Middle, Last Relationship to Claimant:
Pointer & Buelna, LLP Attorney
Address: Phone:
155 FILBERT ST., SUITE 208, OAKLAND, CA 94607 (510) 929-5400 Narrative of Incident: Relationship to Claimant:
See Attachment "A" Attorney
Involved Government Empioyees: Injury to Claimant:
Ofc. 'FNU' Matthews & Ofc. 'FNU' Lamm Yes, see attachment Approximate Location of Incident: Date of Incident:
intersection of N. Sycamore Ave. and E. Foothill Blvd 05/15/2022 around 0200 hours I have read and understood this statement, which I have made of my own free will, and the facts contained therein are true/ang correct to the best of my knowledge.
Patrick M. Buelna
Attorney
Date: 11/14/22
CITY CLERA RECEIVED 2022 NOV 17 AM IO: 29 CITY OF RIALTO www.LawyersFTP.com
WELLS FARGO CENTER • 155 FILBERT ST., SUITE 208 • OAKLAND, CA 94607 • TEL (510) 929-5400 B
POINTER & BUELNA
AWYERS ROR THE PEOPLEN
ATTACHMENT "A"
Claimant objects to your Claim Form because it requires information which constitutes an invasion of the Claimant's privacy. Moreover, the information is not required to be provided by the Claimant under California Government Code § 910. For example, California Government Code § 910 does not require that the Claimants provide their home and work numbers, driver's license number, date of birth, auto insurance name and policy number, a diagram of the location of the incident, any statements by the Claimants as to their reasons "for believing the City is liable for your damages, "or a description" of all damages which you believe you have incurred as a result of the incident." For the purposes of this document "CLAIMANT" means the individual Claimant, Claimants plural, and all plaintiffs and parties in interest represented by POINTER & BUELNA, LLP. Therefore, Claimant submits the following information in support of his/her Claim pursuant to Government Code § 910:
CLAIMANT'S NAME: Bianca Valenzuela
ADDRESS TO WHICH ALL NOTICES ARE TO BE SENT: POINTER & BUELNA, LLP - LAWYERS FOR THE PEOPLE, 155 FILBERT ST., SUITE 208, OAKLAND, CA 94607
CLAIMANT TELEPHONE NUMBER: C/O POINTER & BUELNA, LLP. (510) 929-5400 PLEASE NOTE: COUNSEL REPRESENTS CLAIMANT AND ALL CONTACT SHOULD BE MADE WITH HIS ATTORNEY ONLY.
DATE AND TIME OF INCIDENT: On or about May 15, 2022 at around 2:00 a.m.
LOCATION OF INCIDENT: At or near the intersection of N. Sycamore Ave. and E. Foothill Blvd., in Rialto, California
THE FOLLOWING PROVIDES A GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION,
INJURY, DAMAGES OR LOSS INCURRED SO FAR AS IT MAY BE KNOWN AT THE TIME OF PRESENTATION OF THE CLAIM" AND "THE NAME OR NAMES OF THE PUBLIC EMPLOYEE OR EMPLOYEES CAUSING THE INJURY, DAMAGES, OR LOSS, IF KNOWN: [Per Government Code § 910].
For the purposes of this claim, "AGENCY" is defined by and refers to the municipal, county, or state entity, which governs the RIALTO POLICE DEPARTMENT.
DESCRIPTION OF INCIDENT:
On May 15, 2022 at approximately 2:00 a.m., Claimant, Bianca Valenzuela, and her sister, Jackie Valenzuela, were in a vehicle being driven by Jackie Valenzuela. Near the intersection of N. Sycamore Ave. and E. Foothill Blvd., the sisters noticed they were being pulled over by a Rialto Police vehicle with its siren and lights going off. Jackie pulled the car over and out of sheer panic, due to Jackie not possessing a driver's license, Jackie and Bianca switched seats. Officer Matthews then approached the vehicle and asked for Claimant's driver's license. Claimant complied and thereafter provided her driver's license. Officer Matthews left and presumably returned to the police vehicle to run Claimant's information. Officer Matthews thereafter re-approached the vehicle Claimant was in and told her, "Nice try, but I saw you both switch seats." Claimant stated, "I am sorry, she [Jackie Valenzuela] doesn't have a license, and we panicked." Officer Matthews then ordered Claimant to get out of the vehicle. Officer www.LawyersFTP.com 7
WELLS FARGO CENTER • 155 FILBERT ST., SUITE 208 • OAKLAND, CA 94607 • TEL (510) 929-5400
POINTER & BUELNA
FOR THE PEOPLE*
Matthews put Claimant in handcuffs and told Claimant he was going to detain her. Officer Matthews then put Claimant in the back of the police vehicle. Claimant complied and sat in the backseat. While Claimant was in the backseat of the police vehicle, Officer Matthews went to speak with Jackie Valenzuela, who was on the passenger's side. Officer Matthews performed a sobriety test on Jackie and then handcuffed Jackie. Officer Matthews then placed Jackie in the car with Claimant. At this point, two (2) more officers arrived on the scene.
As both sisters were sitting handcuffed in the backseat of the police vehicle, Jackie Valenzuela, who suffers from epilepsy, began having a seizure. Being terribly scared and unable to help as she was in handcuffs, Claimant was frantic and began to bang on the door and window of the patrol vehicle, while screaming for help in hopes that one of the officers would pay attention and render aid to her sister.
Claimant was successful in getting the officers' attention, but to her shock, none of the officers provided any help for Jackie, who was still in the midst of a seizure. Instead, Officer Matthews and Officer Lamm approached, and Officer Matthews opened the door. Claimant told the officers that her sister needed an ambulance, to which Office Lamm, in a snarky tone, said, "Oh, she is faking it." Claimaint explained that Jackie was not faking and suffered from Lupus. Officer Lamm smugly dismissed Claimant's words regarding the possible life-threatening emergency situation. Claimant became, more panicked and continued to explain that Jackie suffers from Lupus (a disease that can cause life-threatening seizures) and that Jackie was in need of medical attention. Yet again, Officer Lamm was dismissive of Claimaint's pleas and instead, Officer Lamm callously shouted at Claimant to "Shut the fuck up, Bitch!" Officer Matthews then directed Officer Lam to take Claimant to Officer Lamm's Vehicle. Officer Lamm, who appeared to be frustrated with Claimant, opened the door where Claimant was sitting, snatched a still handcuffed Claimant by the arm, abruptly lifted Claimant up, and dragged Claimant out the car. Officer Lamm grabbed the nape of Claimant's neck and while holding Claimant by the back of her neck, forcefully slammed Claimant to the ground, causing Claimant's face to hit the concrete and an injury to Claimant's knee. Claimant was placed in a police vehicle and taken away from the scene.
As a result of the excessive force used by Rialto police officers, Claimant suffered an eye injury, headaches, bruising and lacerations on her face and body and other physical injuries. Claimant also suffered emotional distress, pain, suffering and humiliation.
DESCRIPTION OF CLAIM:
Claimant alleges that the conduct of individual employees, agents, and/or servants of AGENCY constitute State statutory violations, which might include but are not limited to: assault, battery, false imprisonment, false arrest, negligence, negligent hiring, intentional infliction of emotional distress, and negligent infliction of emotional distress.
Claimant alleges those individual employees, agents and/or servants of AGENCY are responsible for Claimant's injuries, and acts and/or omissions committed within the course or scope of employment under the theory of respondent superior. Respondent's superior liability includes but is not limited to:
negligent training, supervision, control and/or discipline.
Individual employees, agents, and/or servants of the AGENCY, include but are not limited to: the chief of police, sheriff, or an individual of comparable title, in charge of law enforcement for AGENCY, and DOES 1-100, and/or each of them, individually and/or while acting in concert with one another.
Claimant alleges the appropriate offenses listed below. www.LawyersFTP.com 8
WELLS FARGO CENTER • 155 FILBERT ST., SUITE 208 • OAKLAND, CA 94607 • TEL (510) 929-5400 B
POINTER & BUELNA
AWYERS FOR THE PEOPLE
Claimant alleges that assault included, but was not limited to: conduct causing Claimant to reasonably fear a harmful and/or offensive touching upon Claimant's person.
Claimant alleges that battery included, but was not limited to: conduct resulting in a harmful and/or offensive touching upon Claimant's person in a manner foreseeably likely to cause injury.
Claimant alleges that false imprisonment included, but was not limited to: acts or omissions causing Claimant to be confined and/or restricted to an area without means of escape while Claimant was aware of the confinement.
Claimant alleges that false arrest included, but was not limited to: acts that placed Claimant under wrongful arrest without a warrant, actually caused Claimant harm and the arresting person(s) were a substantial factor in causing that harm.
Claimant alleges that negligence included, but was not limited to: breach of duty upon failing to exercise due care by placing Claimant at risk of serious physical injury, detention and/or arrest.
Claimant alleges that negligent hiring included, but was not limited to: breach of duty upon failing to exercise due care by hiring individuals likely to cause physical injury to citizens while acting under color of law in an official capacity.
Claimant alleges that negligent infliction of emotional distress included, but was not limited to: the failure to use reasonable care to avoid causing emotional distress to another individual. The negligent conduct resulted in Claimant's physical injuries.
Claimant alleges that intentional infliction of emotional distress included, but was not limited to:
outrageous acts or omissions with the intent to cause emotional distress to another individual. The intentional conduct resulted in Claimant's physical injuries.
Claimant alleges violation of California Civil Code § 52.1, for actions by law enforcement personnel, whether or not acting under color of law, which interfere by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state.
Claimant will allege other causes of action subject to continuing discovery.
DESCRIBE INJURY OR DAMAGE:
Claimant has, or may have in the future, claims for general damages, including, but not limited to: claims for pain, suffering and emotional distress, in amounts to be determined according to proof.
Claimant may have and/or may continue to have in the future, claims for special damages, including, but not limited to: claims for medical and related expenses, lost wages, damage to career, damage to educational pursuits, damage to property and/or other special damages, in amounts to be determined according to proof.
www.LawyersFTP.com 9
WELLS FARGO CENTER • 155 FILBERT ST., SUITE 208 • OAKLAND, CA 94607 • TEL (510) 929-5400 B
NTER & BUELNA
ERS FOR THE RECFLE-
Claimant may have, and/or may continue to have in the future, damages for permanent mental injuries, permanent mental scarring and/or other psychological disabilities, in amounts to be determined according to proof.
NAME OF PUBLIC EMPLOYEE(S) BELIEVED TO HAVE CAUSED INJURY OR DAMAGE:
Ofc. 'FNU' Matthews, Ofc. 'FNU' Lamm; DOES 1-50
DEMAND FOR PRESERVATION OF EVIDENCE:
Claimant does hereby demand that AGENCY including, but not limited to: the appropriate city or county law enforcement agency, its employees, servants and/or attorneys, maintain and preserve all evidence, documents and tangible materials that relate in any manner whatsoever to the subject matter of this Claim, including until the completion of any and all civil and/or criminal litigation arising from the events which are the subject matter of this Claim. This demand for preservation of evidence includes, but is not limited to: a demand that all public safety entities preserve all tapes, logs and/or other tangible materials of any kind until the completion of any and all civil and criminal litigation arising from the subject matter of this claim.
AMOUNT OF CLAIM:
This claim is in excess of $25,000. Jurisdiction is designated as "unlimited" and jurisdiction would be in the United States District Court and/or Superior Court of the State of California.
DATED: 11/14/2022 3:26 PM
atrick M. Bueln
Partner/ Litigation Attorney
POINTER & BUELNA, LLP
LAWYERS FOR THE PEOPLE
www.lawyersFTP.com 10
WELLS FARGO CENTER • 155 FILBERT ST., SUITE 208 • OAKLAND, CA 94607 • TEL (510) 929-5400
POINTER & BUELNA
FOR THE FEOPLE"
November 14, 2022
ATTN: Claims Division
Rialto City Clerk's Office
150 S. Palm Ave.,
Rialto, CA 92376
RE: Preservation of Evidence
CITY CLERK RECEIYED 2022 NOY 17 AMI0: 28 CITY OF RIALTO RE: Bianca Valenzuela
Date of Birth: 09/30/1989
Date of Incident: 05/15/2022
This is to inform you that Pointer & Buelna, LLP - Lawyers for the People represents Bianca Valenzuela, who suffered injuries due to an encounter with Rialto Police Officers on or about 2:00 a.m. on May 15, 2022, at or near the intersection of N. Sycamore Ave. and E. Foothill Blvd. in Rialto, California.
Please be advised that this letter constitutes a written, formal demand to you, your department and/or agency that you or said department and/or agency shall preserve, protect, gather, secure, save or otherwise refrain from disposing of any relevant documents or other tangible evidence. This includes a demand to PRESERVE ALL VEHICLES, VEHICLE RECORDINGS, BODY WORN CAMERA FOOTAGE AND EVIDENCE RELATED TO THE BODY WORN CAMERAS and VEHICLES used by officers involved in the incident. This includes but is not limited to the following: the full names of the involved officers, name of the K9 officer (if any), any and all video footage, body-mounted camera footage, patrol car dash cam footage, blood samples, physical evidence, tests, notes, handwritten notes, records, reports, tapes, any and all memorandums, messages, tape recordings, photographs of the crime scene, journals, logs, tape transcripts, computer aided dispatch records, Ampex radio tape broadcasts, investigations, examinations, any and all property seized from the crime scene, reports and statements taken from witnesses regarding the incident, any and all documents prepared, and any other written material concerning this incident.
Chief, you and your department are also hereby put on notice that your department and/or agency may be held civilly or criminally liable for the destruction and/or loss of any of the above-referenced items of evidence.
If you have any questions or comments regarding this formal demand for the preservation of the evidence, please do not hesitate to contact the undersigned Patrick M . Buelna
Partner/ Litigation Attorney
POINTER & BUELNA, LLP
LAWYERS FOR THE PEOPLE
www.LawyersFTP.com 2
WELLS FARGO CENTER • 155 FILBERT ST., SUITE 208 • OAKLAND, CA 94607 • TEL (510) 929-5400 B
POINTER & BUELNA
CERTIFICATE OF SERVICE CITY CLERK RECEIVED 2022 NOV 17 AM IO: CITY OF RIALTO (VALENZUELA v. CITY OF
RIALTO)
STATE OF CALIFORNIA, COUNTY OF ALAMEDA:
I am a citizen of the United States and employed in the county aforesaid; 1 am over the age eighteen years, and not a party to the within action; My business address is 155 Filbert Street, Suite 208, Oakland, California 94607. On the date below, I served on the named parties and/or counsel of record:
ATTN: Claims Division
Rialto City Clerk's Office
150 S. Palm Ave.,
Rialto, CA 92376
The following documents in the manner checked below:
TWO COPIES OF ADMINISTRATIVE CLAIM AND COVER LETTER; RECORDS REQUEST; PRESERVATION
OF EVIDENCE DEMAND
(VIA MAIL - CCP §§ 1013(a), 2015.5) By placing a true copy thereof enclosed in a sealed envelope(s), addressed as above, and placing each for collection and mailing on that date following ordinary business practices. I am readily familiar with my firm's business practice of collection and processing of correspondence for mailing with the U.S. Postal Service at Oakland, California, with postage thereon fully prepaid, that same day in the ordinary course of business.
VIA PERSONAL DELIVERY - CCP §S 1011, 2015.5) By placing a true copy thereof enclosed in a sealed envelope(s), addressed as above, and causing each envelope(s) to be hand delivered on that day by _ in the ordinary course of my firm's business practice. (VIA E-MAIL OR ELECTRONIC TRANSMISSION - CCP §§ 1013(e), 2015.5, CRC 2008) Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the document to be sent to the persons at the e-mail address(es) or the facsimile number listed above. I am readily familiar with my firm's business practice of collection and processing of correspondence via facsimile transmission(s) and any such correspondence would be transmitted in the ordinary course of business. The facsimile transmission(s) was reported as complete and without error, and a copy of the transmission report is attached.
NIA OVERNIGHT MAIL/ COURIER - CCP §§ 1013(c), 2015.5) By placing a true copy thereof enclosed in a sealed envelope(s), addressed as above, and placing each for collection by overnight mail service or overnight courier service. I am familiar with my firm's business practice of collection and processing of correspondence for overnight mail or overnight courier service, www.LawyersFTP.com 11
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