TOM FEHER, EsQ.
357 VAN NESS WAY, SUIRE:28PO
FEHER LAW TORRANCE, CĂ 90501
•AP C PHONE: 310-3493 1U1221 AMII: 13
FAX: 310-742-9640
TRIAL LAWYER FOR THE PEOPLE Tom@Feherlawfirm/com/ERk
July 19, 2023
VIA CERTIFIED MAIL: #7020 0640 0000 7634 1002
Rialto City
ATTN: CLERK'S OFFICE
150 S. Palm Ave.
Rialto CA 92376
Re: Our Clients)
Date of Birth
Date of Accident 05/18/2023
Dear City of Rialto,
This office has been retained as attorneys on behalf of the above-referenced client who suffered injuries resulting from an accident on the above-mentioned date. We ask you to please review and confirm with written acknowledgement the receipt of the enclosed Claim Form along with the Letter of Representation.
If you require any further information, please do not hesitate to contact our office.
Very truly yours,
FEHER LAW, A.P.C.
Tom Feher, Esq.
Office: (310) 340-1112
Fax: (310) 742-9640
Phone: (310) 340-1112 | Fax: (310) 742-9640
www.FeherLawFirm.com 2
CITY OF RIALTO CIT YITPOLERRS DATE STAMP
LIABILITY 2023 JUL 21 AMI: |3
CLAIM FOR DAMAGES RECEIYEC
TO PERSON OR PROPERTY 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).
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: 150 S. Palm Ave., Rialto, CA 92376
Address: 290 W. Rialto Ave., Rialto, CA 92376
CLAIMANT INFORMATION:
FULL NAME -
DATE OF BIRTH
Rialto CA
HOME ADDRESS INCLUDING CITY, STATE & ZIP HOME TELEPHONE NO.
BUSINESS ADDRESS INCLUDING CITY, STATE & ZIP BUSINESS TELEPHONE NO.
ADDRESS AT WHICH CLAIMANT DESIRES TO RECEIVE Feher Law, APC
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
(if different from home address provided above): 357 Van Ness Way, Suite 280, Torrance, CA 90501
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: 5/18/23 _ TIME: Unknown •AMOPM 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. 100 Universal City Plaza, Universal City, CA 91608
3. HOW DID DAMAGE OR INJURY OCCUR?
See Attachment A
4. WERE POLICE AT THE SCENE? YES NO WEREPARAMEDICS AT THE SCENE? XI YES • NO
5. WHAT PARTICULAR ACTOR 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 In excess of $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/DateO Bodily injury and emotional distress In excess of $25,000 AmountO_
Item/DateD Amountin
3 TOTAL AMOUNT CLAIMED AS OF PRESENTATION OF THIS CLAIM: $ In excess of $25,000 ESTIMATED PROSPECTIVE DAMAGES, AS FAR AS KNOWN:
Item/DateD
Amounta
Item/Date•
Amounton
TOTAL ESTIMATED AMOUNT PROSPECTIVE DAMAGES: $ In excess of $25,000
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:
TELEPHONE: | )
8. IF INJURED, PROVIDE NAIVE, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITALS) VISITED:
NAME Providence St. Joseph Medical Center
NAVE
ADDRESS:
ADDRESS:
TELEPHONE: (
TELEPHONE: L)
DATE: TIME: •AM •PM
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
PARKWAY
SIDEWALK
HAVO ROAD THO FORGOING CLAIM AND KNOW THO CONTONTS THOROFAND CERTIFY THAT THO SAMO IS TRUD OF MY OWN KNOWLODOEXCOPT AS T
HOSE MATTORS WHICH ARE HOROIN STATOD UPON MY INFORMATION AND BOLIOFAND AS TO THOS MATTORS I BOLIDVD THUM TO BE TRU I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
SIONATURO OF CLAIMANT OR ADONT
Abner Caal 07 / 18 / 2023
TYPO OR PRINT NAMO DATO
Father
RULATIONSHIP 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 4 0110171017f278207hdh/ara
TOM FEHER, EsQ.
357 VAN NESS WAY, STE 280
TORRANCE, CA 90501
FEHER LAW PHONE: 310-340-1112
A P C FAX: 310-742-9640
[email protected]
TRIAL LAWYER FOR THE PEOPLE
LETTER OF REPRESENTATION
Re: Personal Injury Claim
Date of Loss: 05/18/2023
To Whom It May Concern:
Please be advised that I have retained Feher Law, APC, to represent me in the above referenced matter. Please forward all future correspondence to the following address:
Thomas S. Feher, Esq.
357 Van Ness Way
Suite 280
Torrance, CA 90501
Tel: 310-340-1112
Fax: 310-742-9640
Email: [email protected]
I request that you address all issues with my new attorneys of record and not contact me directly. Your cooperation is greatly appreciated.
Sincerely,
05 / 22 / 2023
DATED:
Abner Caal
Guardian of |
05 / 22 / 2023
DATED:
Deysi Caal
Guardian of
5 Government Claim Form - Attachment A
To: Rialto Unified School District, County of San Bernardino, State of California, City of Rialto
Claimant: I a minor DOB:
Date of Incident: May 18, 2023
State agencies or employees against whom this claim is filed:
At this time, Claimant brings government claims related to the subject incident against the Rialto Unified School District, County of San Bernardino, State of California, and City of Rialto
Specific information regarding any other agency and/or any employee(s) responsible is currently unknown to Claimant, and Claimant believes this information will be ascertained in discovery.
Dollar amount of claim:
Claimant seeks all damages to which they are entitled under California law, both economic and non-economic.
The amount of claimed damages will include both special and general damages.
The full extent of Claimant's damages is unknown at this time, however, said claims are in excess of $25,000. The amounts claimed for each item of damage are in excess of $10,000.00 pursuant to California Government Code section 910(f). The amount is therefore unspecified but will constitute an unlimited civil case.
Dollar amount explanation:
Claimant seeks all damages to which they are entitled to under California law, both economic and non-economic.
The amount of claimed damages will include both special and general damages.
The full extent of Claimant's damages is unknown at this time, however, said claims are in excess of $25,000. The amounts claimed for each item of damage are in excess of $10,000.00 pursuant to California Government Code section 910(f). The amount is therefore unspecified but will constitute an unlimited civil case.
Incident location:
At or near 100 Universal City Plaza, Universal City, California ("Subject Property"). 6 Specific damage or injury description:
As a result of the subject incident, Claimant suffered serious bodily injuries and emotional distress.
Circumstances that led to damage or injury:
On or about May 18, 2023, Claimant was a student enrolled at Kucera Middle School ("The School"), a school within the Rialto Unified School District. On or about May 18, 2023, Claimant was lawfully on the property located at 100 Universal City Plaza, Universal City, California for a school sponsored field trip.
Due to inadequate warnings, signage, supervision, and safeguards on behalf of School, State, County, City and its employee(s), Claimant fell within the Subject Property and suffered serious bodily injuries. At the time of the incident, there were inadequate warnings, signage, supervision, and safeguards by School, State, County, City and its employee(s) protecting or warning against the dangerous condition of the Subject Property.
Due to, among other negligent and/or wrongful acts, a lack of adequate warnings, signage, supervision, and safeguards protecting and/or warning against a dangerous condition, and an improperly maintained safety program, Claimant sustained injuries.
Explain why you believe the entities are responsible for the damage or injury:
At the time of the subject incident, the Subject Property was in and/or contained a dangerous condition. This dangerous condition created a reasonably foreseeable risk of the kind of injury that Claimant suffered in the subject incident. This dangerous condition constituted a trap for patrons who entered the Subject Property without knowledge of the dangerous condition. Further, the dangerous condition created a substantial risk of injury to the general public when the area was used with reasonable care and in a reasonably foreseeable manner. The dangerous condition of the Subject Property and/or abutting area presented a significant hazard and trap for the public to injure themselves in a manner such as Claimant did. This dangerous condition existed without any safeguards or adequate warnings to the public, including Claimant.
The School, State, County, City and/or its employees had actual or constructive notice of the dangerous condition and/or activities as described herein prior to the date of the subject incident yet did nothing to repair, prevent, remedy, correct, provide safeguards against, or provide warning of the dangerous condition and/or activities to prevent students like Claimant from injury due to the dangerous condition, which caused Claimant's serious bodily injuries.
The School, State, County, City, and its employees including knew, or should have known, that students like Claimant were entering a property containing dangerous 7 conditions but did not take sufficient action to prevent them from occurring. The School, State, County, and City breached its duty of reasonable care to its student, by negligently exposing Claimant to the foreseeable danger of The Subject Property and negligently supervising Claimant.
The School, State, County, and City had a special relationship with Claimant, since it was responsible for ensuring her safety and well-being, including during her attendance in a School-sponsored activity. The School, State, County, and City also negligently hired, trained, supervised, and retained its employees in a manner that contributed to Claimant's harm. The School, State, County, and City had knew or should have known that its employees were unfit and/or incompetent to perform the work for which they were hired for. The School, State, County, and City and its employees negligently exposed Claimant to the Subject Property's foreseeable danger and failed to supervise Claimant.
As a result the negligent and/or wrongful conduct of The School, State, County, and City and its employees) acting within the scope of his/her/their employment including, but not limited to, failure to provide adequate supervision, warning, safeguards, or prevention from the dangerous condition and/or activities, Claimant was harmed, and the inadequate hiring, training, supervision, retention of its employees, exposure to dangerous conditions and activities, warnings of the dangerous conditions and/or any the lack of safeguards or prevention of exposure to dangerous conditions were a substantial, but not the only, factor in causing Claimant's harm. 8 CERTIFIED MAT®
FEHER LAW, A.P.C.
357 Van Ness Way, Suite 280 ES CA 9
Torrance, CA 90501 $4.980
• PM 12 US POSTAGE
FIRST-CLASS
FROM 90248
7020 0640 0000 7634 1002 stancicia
RIALTO CITY
ATTN: CLERK'S OFFICE
150 S PALM AVE
RIALTO CA 92376-6406