D'Egidio & Pedroza, APC
7801 Mission Center Court, Ste. 240
San Diego, CA 92108
& PEDROZA
Phone: 619) 550-3011
INJURY ATTORNEYS Fax: (877) 888-6304
www.dpinjuryattorneys.com
June 6, 2023
ciTY
of
Via U.S. Certified Mail
12 Attn: City Clerk's Office RIALTO
150 S. Palm Ave
Rialto, CA 92376 18
RE: Our client
Date of Loss December 2, 2022
To Whom it May Concern:
Please be advised that has retained our firm to represent her in all matters related to the above-referenced incident. Your professional courtesy in directing all future communication to our office and refraining from direct communication with my client is greatly appreciated.
Enclosed please find the "Claim Against County of San Bernardino" form for your reference.
Should you have any questions or concerns pertaining to this correspondence, please do not hesitate to contact our office directly. Thank you.
Sincerely,
D'EGIDIO & PEDROZA, APC
They
Meagan L. Verschueren, Esq.
Attorneys for Quetzalli Coro
Enclosures
Page | 1 of 1
CITY OF RIALTO CITY CLERK'S DATE STAMP
LIABILITY 2073 CIT
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY 12
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 (t) 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: 290W. Rialto Ave., Rialto, CA 92376
CLAIMANT INFORMATION:
FULL NAME
DATE OF BIRTH
1 1
HOME ADDRESS INCLUDING CITY, STATE & ZIP HOME TELEPHONE NO. 7801 Mission Center Ct Ste 240 San Diego, CA 92108 ( 619550-3011 BUSINESS ADDRESS INCLUDING CITY, STATE & ZIP BUSINESS TELEPHONE NO.
ADDRESS AT WHICH CLAIMANT DESIRES TO RECEIVE 7801 Mission Center Ct Ste 240 San Diego, CA 92108
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
(if different from home address provided above):
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: December 2, 2022 TIME:
• AM • 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.
Kolb Middle School, 2351 N Spruce Ave, Rialto, CA 92377
3. HOW DID DAMAGE OR INJURY OCCUR?
On and after December 2, 2022, ("Claimant"), a student, was physically and sexually assaulted and battered by her Teacher, white she was in the premises and care of the school, Kot Midter School. Claimant was left with physical, psychological and emotionat trauma _after she was sexually assaulted. Please see Attachment A.
4. WERE POLICE AT THE SCENE? • YES NO WERE PARAMEDICS AT THE SCENE? • YES I 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.
The Negligence and wrongful acts of the city, county, state, school and school district that resulted in the hiring, retaining, lack of supervision of a school teacher that was sexually abusing students after notice of the same.
6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $_ Over $500,000.00 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: $ 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: School Officials.
NAME:
Investigation is ongoing.
ADDRESS:
TELEPHONE: ( E.
TELEPHONE: | )
8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITAL(S) VISITED:
NAME: investigation is ongoing.
NAME:
ADDRESS:
ADDRESS:
TELEPHONE:
TELEPHONE: )
DATE: TIME: •Ам ПРМ
DATE: TIME:
9. PLEASE READ THE FOLLOWING CAREFULLY:
of advent by eden by in i out heroes or dian to are or are, cluding ORTH, EAST, SOUTH AND WEST directions. Indicate lace f 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 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
PARKWAY
7 SIDEWALK
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.
I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
They
SIGNATURE OF CLAIMANT OR AGENT
Meagan L. Verschueren, Esq. June 6, 2023
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., RÍALTO, CA 92376 Attachment A to Claim Against City JUN 12
Coro v. City RIALTO
On and after December 2, 2022, ("Claimant"), a student, was physically and+ 8 sexually assaulted and battered by her Teacher, and sexually harassed while she was in the premises and care of the school, Kolb Middle School. Claimant was left with physical, psychological and emotional trauma after she was sexually assaulted by . While Claimant was supposed to be in the care and supervision of the school, Mr. took advantage of innocence and in repeatedly occasions he sexually assaulted and battered her, he massaged and touched the sides of her breasts and close her to butt in a sexual manner despite her being a student, a minor, and incapable of consent to such conduct.
At all times relevant, the City had a duty to keep the school's premises in a reasonably safe condition to protect children and prevent foreseeable and other harm to the students based upon teachers with such wrong behavior and foreseeable instances of harm to students. Based upon information and belief, there have been multiple incidents involving sexual and physical abuse from the same teacher. The teacher perpetrator had harmed Claimant on multiple occasions due to the public entities' and school's lack of supervision, staff, management, oversight, warnings, proper policies and procedures, and reasonable care. The City knew about the subject perpetrator teacher's dangerous propensities and need for constant supervision and management necessary to avoid him harming other students.
At all times relevant, Claimant had a constitutional right to a safe education under the California Constitution, Article I, Section 28, subdivision (c)(1). She had a right not to be assaulted, battered, physically harmed, sexually assaulted and battered, or harassed based upon her sex. The District, school, and public entities violated those rights of Claimant and directly caused her harm.
The City has failed to appropriately respond to allegations and implement and follow protocol, policies and procedures for handling misconduct by staff and school personnel. Also, the City's wrongful acts and lack of supervision have allowed students to be alone and interact with the perpetrator, creating a dangerous condition and environment with pervasive sexual harassment and assault. This is despite having actual notice of the same.
At all times relevant, the dangerous property, staff member, school premises, environment, and school personnel created a reasonably foreseeable risk of the kinds of injuries that Plaintiff suffered in this case, which include but are not limited to serious and permanent past and future physical and emotional injuries and damages. The City was negligent in hiring, training, supervising and retaining employees that were unfit and/or incompetent to complete the job duties for which they were hired. The City knew or should have known that its teachers and staff were unfit and/or incompetent and that their unfitness and incompetence created a particular risk of the harm that Claimant suffered in this case. The City then ratified its employee's conduct, thereby condoning it and accepting it as its own conduct. The City could have prevented the subject harm to Claimant but chose not to do so.
CITY
The City failed to take action to prevent foreseeable harm from the perpetrator which directby caused injuries to Claimant in violation of her constitutionally protected rights. As a direct result RIALTO of the City's wrongful acts and inactions and omissions, Claimant suffered physical infury to her. body that caused emotional and physical pain. She suffered emotional distress, anxiety, fear, embarrassment, harassment, sexual assault and battery, physical assault and battery, and life-long emotional impairments that has and will continue to necessitate psychological treatment and care. As a direct result of the City's wrongful acts and inaction, Claimant's innocence has been stolen from her. She has been physically and emotionally harmed and is now afraid to go to school. Her past and future education has suffered as a direct result of the incident. Claimant's past and future injuries and damages caused by the incident and the City's wrongful acts and inaction far exceed $25,000 and thus, the case will be filed as an unlimited civil case in court.
DocuSign Envelope ID: 124E2F4D-B1AC-4FE8-B67F-26E0CA603B84 D'Egidio & Pedroza, APC
D'EGIDIO 7801 Mission Center Court, Ste. 240
& PEDROZA San Diego, CA 92108
INJURY ATTORNEYS Phone: (619) 550-3011
Fax: (877) 888-6304
www.dpinjuryattorneys.com
DESIGNATION OF ATTORNEY
RE: Our Client : Maria Benitez, as Parental Guardian of :
a minor CITY
Date of Loss : December 2, 2022
97. OF
To Whom It May Concern: RIALTO
Please allow this letter to confirm that I, Maria Benitez, as Parental Guardian of a minor, hereby designate and authorize the Law Office of D'Egidio & Pedroza, APC to act as legal counsel on my behalf for all purposes relating to the subject claim. Any communication regarding this claim should be made directly to the Law Office of D'Egidio & Pedroza, APC.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Should you have any questions pertaining to this correspondence, please contact the Law Office of D'Egidio & Pedroza, APC directly. Thank you for your anticipated cooperation in this -DocuSigned by:
12/14/2022 MARIA BENITEZ
DATE: - 208AE3689SCF491..
Maria Benitez, as Parental Guardian of
, a minor
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S237638487 CO02
CITY CLERA RECEIVED Z023 JUN 12 AMI: 17 CITY OF RIAL I
Rialto, CA 92376
150 S. Palm Ave.
Rialto City Clerk's Office
7022 3330 0000 9873 5563 San Diego, CA 92108
06/06/202
92108 7801 Mission Center Crt, S
Hrst-Class-IM
D'Egidio & Pedroza, APC
$008.10°
US POSTAGE
.... S26
CERTIFIED MAIL