CITY OF RIALTO CITY CLERK'S DATE STAMP
LIABILITY CITY OF RIALTO
CLAIM FOR DAMAGES 2024 FEB 26 AMII: 21
TO PERSON OR PROPERTY RECEIVLO
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:
Stephanie Cane and Victoria Quesenberry
FULL NAME DATE OF BIRTH
HOME ADDRESS INCLUDING CITY, STATE & ZIP HOME TELEPHONE NO.
L
BUSINESS ADDRESS INCLUDING CITY, STATE & ZIP BUSINESS TELEPHONE NO.
ADDRESS AT WHICH CLAIMANT DESIRES TO RECEIVE
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
(if different from home address provided above):
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: PLEASE SEE ATTACHED CLAIMTIME: _ •AM OPM
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.
This is not a car accident claim. PLEASE SEE ATTACHED DOCUMENTS
3. HOW DID DAMAGE OR INJURY OCCUR?
4. WERE POLICE AT THE SCENE? • YES • 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.
PLEASE SEE ATTACHED CLAIM
6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $ 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: NAME:
ADDRESS: ADDRESS: _
TELEPHONE: L TELEPHONE: | )
8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITAL(S) VISITED:
NAME: NAME:
ADDRESS: ADDRESS:
TELEPHONE: ( 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. 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 CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. 2-23-24
TYPE OR PRINT NAME DATE
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 STEPHANIE CANE and VICTORIA QUESENBERRY In Pro Se
Rialto, CA 92376
PO. BOX 1562 Rialto, CA 92377
(909) 258-2261
3 4
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA - EASTERN 6 DIVISION (GEORGE E. BROWN, JR. U.S. COURTHOUSE)
8 STEPHANIE CANE, an individual, AND
VICTORIA QUESENBERRY
Plaintiff, PRESENTMENT OF CLAIM
10 FOR PUBLIC ENTITY
THE CITY OF RIALTO, of a Municipality
and "agents" CORY CLÁRK
VINCE MARFE, and MARY GOZDECKI
and Defendant SPECIALIZED LOAN
SERVICING LLC agent CASSANDRA as
DOES 1 through 50 inclusive:
15 Defendant.
16 Section 905 - Prebentment of claims
18 1. Stephanie Cane Victoria Quesenberry presented in accordance with 19 20 Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910). Government Claims Act (Gov. Code, $§ 905, 945.4). Stephanie and Victoria 22 complied with the claims presentation requirement. Stephanie Cane and Victoria 23 24 Quesenberry's presents their proper claim in. Good Faith and with Clean Hands to the appropriate public entity to the City of Rialto. Defined as the moving force are 26 1
27 PRESENTMENT
28 of CLAIMS
the Legislative bodies of Counsel Members that represents the citizens of Rialto. 2 1. Stephanie Cane and Victoria Quesenberry have great Morals and Great value 3 this claim is significate to our livelihood of which we had to devout an enormous 4 amount of time and money spent. Stephanie and Victoria exercised due diligence and immediately investigated and called all Boots on the ground of hired experts.
2. Stephanie and Victoria are informed on this fact, the Legislators have the 8 power to enact policies that includes the power to safeguard the well-being of Californians by monitoring compliance with "previously adopted laws," i.e. 11 emphasis added. The City received by certified mail two letters regarding the matter 13 September 5, 2023, and August 23, 2023, we are in possession of proof. Stephanie and Victoria are submitting their claim in the hopes that Council Members for the 15 people will review. There is a difference between a claim that is inadequate because 16 17 it does not substantially comply with the requirements of section 910, and a document that is not a claim at all. A claim that is inadequate under section 910 can 19 still trigger a duty to act by the public entity to "notify the potential claimant of the 21 claim's insufficiency stating, with particularity, the defects or omissions." (Simms v. 22 Bear Valley Community Healthcare Dist. (2022) 80 Cal.App.5th 391 [2022 WL 23 2313164] (Simms).) The failure to do so "waives any defenses as to the sufficiency 24 25 of the claim based upon a defect or omission." (Ibid.) A letter will trigger the notice- 26 waiver provisions of the Claim Act where it is "readily discernible by the entity that 27 28 2
the intended purpose thereof is to convey the assertion of a compensable claim against the entity which, if not otherwise satisfied, will result in litigation." (Green 3 v. State Center Community College Dist. (1995) 34 Cal.App.4th 1348, 4 1358.)3.20.060 This is not a claim in Pursuant to California Government Code Section 935, claims against a local public entity for money or damages which are 7 excepted by California Government Code Section 905, and which are not governed 8 by another statutes or regulations expressly relating thereto, shall be governed by the 10 procedures set forth by an ordinance adopted by a local public entity. 11 3. There shall be presented to the chief financial officer, as a prerequisite to 12 13 any suit or legal action against the City of Rialto for any and all claims for money 14 or damages which are listed as exceptions in Section 905, a claim substantiated on 15 a form supplied by the chief financial officer or reasonable facsimile thereof, and 16 17 filed with the chief financial officer. B. Those claims required by subsection A of this section shall be presented to the city council by the chief financial officer in 19 accordance with and in the manner provided by in Part 3 (commencing with 20 Section 900) of Division 3.6 of Title 1 of the California Government Code. C. No 22 suit for money or damages may be brought against the City of Rialto on a cause of 23 action for which a claim is required to be presented under this section until a 24 25 written claim therefor has been presented to the city council and has been acted 26 upon or has been deemed rejected, in accordance with the procedures prescribed 27 28 3
by subsections A, B and C of this section. (Ord. 1304 § 4, 2000; Ord. 1234 (part), 1995) Stephanie and Victoria are in the hopes the legislative counsel whom, 3 represents the citizens of Rialto, will step in and allow Stephanie and Victoria to be 4 made whole, and respectfully will be able to come together and settle the claim without involving the busy and overworked Courts, the claim is entitled for receive 7 restitution $490,474.85. Stephanie and Victoria are willing to compromise. The city 8 council shall have sole authority to allow, compromise, or settle claims for an amount in "excess of fifty thousand dollars". (Ord. 1321 § 1, 2001) (Ord. No. 1671 11 , §2, 11-15-22) 1.14.040 - Contents of claim Review for sufficiency. 12 13 The Cry of Riatio's website states the following. 14 15 1.16.020 - Intent to defraud. Whenever an intent to defraud is required in 16 order to constitute an offense, it is sufficient if an intent appears to defraud 18 any person.(1965 CODE TITLE I, CH. 3, § 4) 1.16.030 - When the provisions of 19 any section of this code prohibits the commission of an act not only the person 20 actually doing the prohibited act or omitting the directed act, or soliciting the act, but also the employer and all other persons concerned with or aiding or abetting the 23 person is guilty of the offense described and liable to the penalty set forth. (Ord. 24 1234 (part), 1995: 1965 code Title I, Ch. 3, § 5) The provisions of the ordinances of 25 the city of Rialto, and all proceedings under them are to be construed with a view to affect their objects and to promote justice. (Ord. 650 § 4, 1973). 1. Time limitation 28 4
for presentation of claims. Any claim specified in Section 3-1 of this chapter shall be presented within the following time limitations: [A.] Claims relating to a cause of 3 action for death, injury to person or to personal property, or growing crops shall be 4 presented within six months after the accrual of the cause of action. [B] Claims relating to any other cause of action shall be presented within one year after the accrual of the cause of action. (Ord. 1321 § 1, 2001). Stephanie and Victoria are 8 aware and are taking their claim to the administrative forum that exists for presenting their claim. Moreover, Stephanie and Victoria anticipate the legislative body will ultimately estop the chaos of the vicious perpetuated cycle of the allege 12 13 acts errors of omission. The claim is signed by both Stephanie Cane and Victoria 14 Quesenberry
15 DATED: February 9,2024 PLAINTIFFS IN PRO SE
^
18 19 E stephanie Cane and Victoria Queenberry y
20 in Pro Se 2/23/24
21 22
23 24
25 26
27 28 .1 5
STEPHANIE CANE and VICTORIA QUESENBERRY In Pro Se
1 Rialto, CA 92376
2 PO. BOX 1562 Rialto, CA 92377
(909) 258-2261
3 4
Defendant, STEPHANIE CANE, In Pro Se
5 6
8 9 STEPHANIE CANE, an individual, AND
10 VICTORIA QUESENBERRY
STEPHANIE AND VICTORIA
Plaintiff, QUESENBERRY'S PROOF OF
11 ADMINISTRATIVE DUTIES
12 THE CITY OF RIALTO, of a Municipality
and "agents" CORY CLÁRK
VINCE MARFE, and MARY GOZDECKI
14 and Defendant SPECIALIZED LOAN
15 SERVICING LLC agent CASSANDRA as
DOES 1 through 50 inclusive:
16 17 Defendant..
18 Administrative Duties
19 20 Public Records were requested: The California Public Records Act (PRA) gives every 21 person the right to access public records government code section 6250 California public records 22 act. Unless the records are exempt from disclosure by law. Public records are any writing 23 containing information relating to the conduct of the public's business prepared, owned, used, or 24 retained. A public records request may be made in writing or orally, in person or by phone. 25 Further, the written request was made orally, and communicated by email and produced to the city 26 27 of Rialto planning department. And several Public Request were made after in writing on the City 28 1
ADMINISTRATIVE DUTIES
of Rialto public request form and was paid and delivered by certified mail to the city of Rialto, on October 16, 2023, and December 19, 2023, but never received an acknowledgment. On the City 3 of Rialto's website at https://www.yourrialto.com/DocumentCenter/View/3763/Subdivision- Improvement and were mailed from Rialto Post Office across located at 241 W Rialto Ave. . 5 DATED: February 9, 2024 PLAINTIFF IN PRO SE
6 7
By:
8 9 Stephanie Cane Plaintiff in Pro Se
10 11
Victoria Quesenberrs
12 13 2/23/241
14 15
16 17
18 19
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28 DEFENDANT STEPHANIE CANE'S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE sages paper
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Origin: 92376
$21.10 02/23/24
PRIORITY 0564270376-11
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FROM: Stephanie Came
Victoria Quesenberry 11 Lb 10.4 Oz
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290 W RIALTO AVE
RIALTO CA 92376-6430
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