CITY OF RIALTO CITY CLERK'S DATE STAMP
LIABILITY
CITY
CLAIM FOR DAMAGES CITY CF RIALTO
TO PERSON OR PROPERTY 202, MAR -4 AMII: 10
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). RECEIVE
2. Claims for damages to real property must be filed not later than one (1) year after the occurrence (Gov. Code §911.2). CITY CLERK
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: 290 W. Rialto Ave., Rialto, CA 92376
CLAIMANT INFORMATION:
Nolo Gaston
FULL NAME
DATE OF BIRTH
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 2839 S Robertson Blvd.
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
(if different from home address provided above): Los Angeles, CA 90034
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE:11/17/2023 TIME: 10:00 Ж 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. outside 876 W La Gloria Dr, Rialto, CA 92377, northern sidewalk of La Gloria Drive
3. HOW DID DAMAGE OR INJURY OCCUR?
client was walking her dog, she tripped on the lifted, cracked curb, causing her to land on her fide side, she also landed on the right side of her face, she also shattered her left knee in two places See attachment
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.
Trip and fall over dangerous condition of public property. Failure to warn of dangerous condition of public property - uneven sidewalk. See attachment
6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $ Not to exceed $10 Million HOW WAS THE ABOVE AMOUNT COMPUTED? Be specific, list doctor bills, repair estimates, etc. Please attach 2 estimates.
DAMAGES INCURRED TO DATE:
Item/Date: _ ER Records, Treatment to date and future medical treatment Amount: $_Not to exceed $10 Millior Item/Date: Past and Future General Damages Amount: $_Not to exceed $10 Millior Over $25,000
TOTAL AMOUNT CLAIMED AS OF PRESENTATION OF THIS CLAIM: $_Not to exceed $10 Millor ESTIMATED PROSPECTIVE DAMAGES, AS FAR AS KNOWN:
Amount: $_TBD
Item/Date: TBD
Amount: $.
Item/Date:
TOTAL ESTIMATED AMOUNT PROSPECTIVE DAMAGES: $.
7. WITNESSES TO DAMAGE OR INJURY List all persons known to have information (attach additional pages, if necessary) NAME: Brenda Villa NAME:
ADDRESS:
ADDRESS:
TELEPHONE: )
TELEPHONE:
8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITAL(S) VISITED:
Kaiser Permanente - Fontana
NAME: Arrowhead Regional Medical Clinic NAME:
ADDRESS: 400 N Pepper Ave, Colton, CA 92324 ADDRESS: _9961 Sierra Ave, Fontana, CA 92335 TELEPHONE: (833) 574-2273
TELEPHONE: 909) 580-1000
XI AM • PM DATE: 11/22/2023 _ TIME: • AM • PM
DATE: 11/17/2023 _TIME:11
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. hen 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 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 vehicl 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
x SIDEWALK
I CERTIRY (OR DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
SIGNATURE OF CLAIMANT OR AGENT
Jonathan M. Kashani, Esq 2-29-2024
TYPE OR PRINT NAME DATE
Attorney of Record
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 1 Dangerous Condition of Public Property
2 (By Plaintiff NOLO GASTON for Dangerous Condition of Public Property Against CITY OF 3 RIALTO; COUNTY OF SAN BERNARDINO; DOES 1-50)
4 NOLO GASTON is informed and believes, and thereon alleges that at all times 5 mentioned herein, the CITY OF RIALTO; COUNTY OF SAN BERNARDINO; DOES 1-50, designed, constructed, supervised, and maintained the area where the November 17, 2023 incident occurred (hereinafter "INCIDENT SITE"), including but not limited to the sidewalk in 7 front of 876 W. La Gloria Dr., Rialto, CA 92377. This area was, at the time of the trip and fall, in 8 a dangerous condition that the CITY OF RIALTO; COUNTY OF SAN BERNARDINO; DOES 9 1-50, created and/or knew about, or should have known about. The existence of this dangerous 10 condition created and/or increased the foreseeable risk of injury to individuals walking on the 11 sidewalk of W. La Gloria Dr.
12 NOLO GASTON is informed and believes, and thereon alleges that at all times 13 mentioned herein, the CITY OF RIALTO; COUNTY OF SAN BERNARDINO; DOES 1-50, 14 also knew or should have known that this dangerous, defective, hazardous, and unsafe condition 15 of property created a foreseeable risk of injury to individuals walking on the sidewalk of W. La 16 Gloria Dr. in or around the INCIDENT SITE. The CITY OF RIALTO; COUNTY OF SAN BERNARDINO; DOES 1-50, had actual or constructive knowledge of the dangerous condition 17 in a sufficient amount of time before November 17, 2023, to have taken measures to protect 18 against the dangerous condition, but failed to take any reasonable measures to correct the 19 dangerous sidewalk and/or warn against the dangerous condition. 20 NOLO GASTON is informed and believes, and thereon alleges that at all times 21 mentioned herein, the CITY OF RIALTO; COUNTY OF SAN BERNARDINO; DOES 1-50, 22 failed to:
23 a. Maintain, design, and construct the INCIDENT SITE in a manner consistent with 24 local laws and/or ordinances, and/or in a condition that did not create a danger for individuals walking along the sidewalk in front sidewalk in front of 876 W. La Gloria Dr., Rialto, CA CITY 25 26 92377;
F-
Provide pedestrians with a hazard-free sidewalk; -
Repair the sidewalk at the INCIDENT SITE once it had developed a dangerous! 28 condition;
NOLO GASTON'S ATTACHMENT TO CLAIM FOR DAMAGES- 1
1 d. Keep the land in and around the INCIDENT SITE unobstructed and hazard free 2 so pedestrians were not subjected to unsafe conditions in the subject sidewalk; and Warn pedestrians with sufficient notice that there was an unsafe condition in the 3 e.
sidewalk at the INCIDENT SITE.
4 As a proximate and legal result of the failures of the CITY OF RIALTO; COUNTY OF 5 SAN BERNARDINO; DOES 1-50, as outlined above, NOLO GASTON was caused to suffer permanent physical injury, emotional injury, and economic injury. Accordingly, NOLO 7 GASTON has sustained special and general damages in an amount unascertained at this time, but 8 according to proof at the time of trial.
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21 22
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27 28
NOLO GASTON'S ATTACHMENT TO CLAIM FOR DAMAGES- 2
INCIDENT REPORT
Agency Name: ORIA:
RIALTO POLICE DEPARTMENT Report Dawa/Time. CLAR
GA0360900 11/21/2023 08:30.63 932313819
Incident Start Dale/Time: DONE Repent Type:
11/17/2023 10:00:42 Friday INITIAL Case Screening: CHP 180 Inclient End Deto/Time: Internal Ineident Status: Serialized Property Г Hate Crime Total Loss 11/17/2023 10:10:00 Evidence Collected Г Gang Related
$0.00
LOCATION/TIME PC 283 Sex Crime • Domestic Viol
incident Location:
Secondary Lootion:
Case Description: UCR Status: All Other
EXON RECORDING, AXON PHOTOGRAPHS Reporting Aren
RI0S3
Operation MoBodi
Panel Code: UCR Code: FIM Panal Code Descripiion:
INCIDENT Counts: ComplAit
INCIDENT
Structure TOD:
Bles Mothelor: Offense Location:
Day NONE HIGHWAY I ROAD / ALLEY /
Weapon Used: Situation Coder
OFFENSE NONE Pramies:
OTHER / NA HIGHWAY STREETS
Penel Code: UCR Costler: ALLEYS
Forel Code Descriplion
Counts: Comple
Structure TOD: Bias Molivetion:
Offense Localion:
Wospon Used Siastion Codie:
Premised
Person Phone:
Г Call Phone
Business
Adoress (Sireel, Ap, City, State, Zio):
Pager:
Invoivement Type (Person): Victim Type (Business.): Doreelic LEOKA Activity:
LEOKA Assignment
VICTIM Violences
Ocoupelion Employur: Employer Address:
Erployer Phone:
Relationship to Offender (Person): DOB: Age: Sex Haight Weight:
inauty Type:
Minor Injuries E Upposios
Racec Ehnoly SSN: License (N, Class, State): Raisied Offense(s): real innies F Then injury soonerious
Omer lunes 50
Suspect 111 Name
Cell Sweet Pe
Address. (Street, Apt, City, State, Zsp): Оссребон:
Suspect Forced Vicinc Pumary Action. Employer Address:
Empbyor Phones:
Solicitad/Offared: Suspect Force: DOB: Age: Sex. Height Hesight: Bulld: Контрівніся Eye Color
Race: Elhnicily: S8N: License (N, Ciess, State) Relaled Ollensets) Hair Color:
Hair Length: Hair Styler
Clothing Description: AGICA: Stale ID #: Fariel Hair: Speech:
Teali:
Body Markings (Type, Locallon, Description): Bespect ™ Suspect Additional Additoral Anested- Saspects Persons:
GREEN, KEENEN 02398 11/21/2023 06:31:43
/ Reporting Officer ID# Date
Reporting Officer Signal /ÔNTROLLED COPY
ADMIN ssisting Officer Sinat INDENTIAL COP
Assisting Officer ID# Date ESTRICTED PC 11142.1116
SCALF, RORY NOT FOR THIRD PARTY RELEASE
01374 11/21/2023 12:16:23
Reviewing Onicer Sional: RIALTO POLICE DEPAR IMENT
Reviewing Officer ID# Date
REL, TO: KASH LEGAL
14122875
INCIDENT REPORT - ADDITIONAL PERSONS
Agency Name: ORd#: Report DetafTime: ОСА#:
CA0360900 11/21/2023 059:30:53 932319115
RIALTO POLICE DEPARTMENT
Person Phono Call Phone:
r Businers NOLO GASTON
Acciness (Sirent, Apt., Cily, Sule, 2p): Flager:
involoment Type (Person) Victim Type (Business): Domestic Г LEONA Activiy: LECKA Assignment:
Violence
OTHER
Occupalion: Employer: Employer Acidiess: Empiage Pioneer.
LO UNKNOWN OR NOT
STATED
Relationship to Offender: DOBC Age: Sec: Height Weight: Lunch Camplesdon Eye Colo:
11/2/1847 76 502 105 LIGHT LIGHT HAZEL
Elicity: License (fl Cless, State): Palated Offersefs): Hoir Color: Heir Longth: Hair Slykx C CA 60 BROWM MEDIUM STRAIGHT
white IN CIN-HISPANIC
Clotting Description: State ID W: Fodiel Hair: Spanch: Teelic Gody Maskings (Type, Location, Descriplian): SolicitedOmered Rouy Type:
I Minor triuries Unconscious
Г infamal injuries Teeth Irjury
Suspect Forced Victim Pemary Acces Suspect Force Г
Leanelions
Г Other Inturies
Person Phone: Collea
Businans BRENDA VILLA
Acteen (set, Apt, City, state, 27p): Pager:
Involvomer i Type (Person: Vinim Type (Buninese): Doriest LEOKA Activity: LEOKA Assigment:
WITNESS Vialence
Cocupalion: Employer: Employer Planes
1O UNKNOWN OR NOT
ADDITIONAL PERSONS STATED
Palalionshit to Offends: 0X0*3 Age: Sex Haight: Weight Buth: Соприкос Eye Coka:
Daughter 59 501 190 UNKNOWN UNK BROWN
Race: Elmicly: Licensati. Class Sitatet Relatad Oftinen(s): Hair Color: Heir Longine Hat Styler White 00 BLONDE UNKNOWN UNKNOWN
NON-HISPANIC
Cothing Description: State ID #: Facist Hair: Speech: Teelit Body Markings (Type, Location, Description): Solicited/Offered пішу Туре:
Mor lurien Unconecious
Insanel irguess Teath Injury
Suspect Fared Victim Prary Schoo Suspect Force
Г Laoenations Bone Ininy
Other injuriess None
Person Name: Meaner
Business ERICK JOSEPH LOPEZ
Address (Shoel, Api, City, State, Zip): Pager:
WLA GLORIA ST RALTO CA 92377-
Irrelvement Type (Person): Vict Type (Business): Domestic r LEOKA Activity: LEOKA Assignmant OTHER Violenca
Occupaton: Employer: Employes Address Employer Phoness
IN LINKNOWN OR NOT
STATED
Reinfiorship to Oflander: D08 Age: Sec Haight: Weight Buildi Complenion Eye Color:
29 508 125 UNKNOWN UNK BROWN
Ethnicity: SEN: ianse (6 Cess, Sala) Relabe Offensets): Heir Color Hair Longi: Heir Style 00 Hispanic HISPANIC BROWN UNKNOWNI UNKNOWN
Clothing Description: NOCU State IDe COm Toall:
CONFIDENTIAL COPY
Body Wastings (Type, Localion, Desort iption): Schailed/Offeted RESTRICTly Type:1 142-11743
NORSORMMIRE POROMRELEASE
Suspect Forced Victim THERMID@OLODEARTMENT
Primary Action Suspect Force
by Cales 05-2 None
Page2 of 4
INCIDENT REPORT - NARRATIVE
Agency Neme: ORI #*:
Raport Dete/Time:
RIALTO POLICE DEPARTMENT CA0360900
31/21/2023 05 30 53 932313119
NARRATIVE
ASSIGNMENT/ARRIVAL
Police Department. I was wearing my department-issued uniform, and i was driving a marked black On 11/17/2023, 1 (Officer K. Green) was assigned to and working uniformed patrol for the Rialt in the city of Rialto, county of San Bernardino in regards to an incident that had occurred and white patrol vehicle. At approximately 1100 hours, I was dispatched to 876 West La Gloria Drive
BACKGROUND INFORMATION
Gaston, date of birth 11/2/1947) tripped on a cracked sidewalk. Further information from dispatch Prior to arriving at the incident location, I received information from dispatch that the subject (Nolo stated that Nole was currently being transported to Arrowhead Regional Medical Center for further medical treatment.
ARRIVAL
Upon my arrival to the incident location, / observed the sidewalk right in front of the residence. The sidewalk had multiple cracks with the biggest one being on the easter portion of the sidewalk, right and uploaded into the evidence.com system. after the driveway that was approximately 2 inches in size. Photographs of the sidewalk were taken
OTHER PARTY CONTACT/INTERVIEW
1 contacted Nofo at Arrowhead Regional Medical Center. The following is a summary of her statements. This conversation was recorded using my Rialfo Police Department-issued Axon body- worn camera which was later uploaded into the evidence.com system.
On 11/17/2023, at approximately 0900 hours, Nolo went to walk her dog. As she was walking eastbound on the norther sidewalk of La Gloria Drive, her left foot stepped into the crack on the eastern portion of the sidewalk. Nolo then began to fall. Nolo shifted her weight, so she would call on left knee aiso made contact with the ground. Once Nolo had fallen, her daughter (Brenda Villa, date her right side, which also caused her to land on the right side of her face. As she was falling, Nold's of birth
called 911, and she was transported to Arrowhead Regional Medical Center for further treatment.
MEDICAL
2.024
While at Arrowhead Regional Medical Center, one of the physicians did a initial assessment og, Nolog Nolo stated that she felt an B out of 10 sharp pain, and she could not move or put her weight on her so leg. Not also stated she felt pain in her right hand and can barely close it. Nolo stated the painwas ! CITY OF RIALTO achy in her right hand. Nolo also stated that her right ribs were sore and achy. There was no p! loss of consciousness or dizziness. medication given at this time, but there was ice to place on her knee. Noto advised that there was no 3:
* C =
l received information later that stated Nolo's kneecap was shattered in two different pla was later discharged from the hospital and was sent home with Brenda and her hus PRICTED PC 11142-11143
REL, PORKASP LEGAL
BY: JLM 2/21/24
INCIDENT REPORT - NARRATIVE
Agency Name: ORI#: Report Date/Time: OCA#:
RIALTO POLICE DEPARTMENT CA0360900 11/21/2023 05:30:53 932313118
NARRATIVE
OTHER PARTY CONTACT/INTERVIEW BRENDA VILLA
1 contacted Brenda through my department-issued cellphone. The following is a summary of her staterments. The conversation was recorded using my Rialto Police Department-issued Axon body- worn camera which was later uploaded into the evidence.com system.
On 11/17/2023, at approximately 0900 hours, Brenda went walking with Nolo with their dogs. Brenda was walking in front of Nolo, and as she was walking eastbound on the northern sidewalk of La Glora Drive, Nolo then began to fall. Brenda could not catch her in time, and Nolo fell down onto the ground. Brenda called her husband who arrived at the incident location to transport Nolo to the hospital, but Nolo was unable to get inside of the vehicle. Brenda then contacted Rialto Fire Department to transport her to Arrowhead Regional Medical Center.
IINFORMATION
While in the area of 876 West La Gloria Drive, I did a canvas for video surveillance. There was a Ring camera at the front door of the incident location. I knocked on the door and attempted to contact the homeowner through the telephone number that was listed. There was negative answers for both.
The homeowner later called me (Eric Lopez) and advised that his Ring carnera does not record through motion because he does not pay for the subscription. His video camera only records through ringing the doorbell.
EVIDENCE
All Axon video recording and photographs have been tagged and uploaded to the evidence.com system.
DISPOSITON
Report completed.
RECOMMENDATIONS
Report to file.
CONTROLLED COPY
CONFIDENTIAL COPY
RESTRICTED PC 11142- 1143
NOT FOR THIRD PARTY RELEASE
THE RIALTO POLICE DEPARTMENT
REL. FROKASPILEGAL
BY: JLM 2/21/24
43L3I517
Masies
JUNIKULLED COPY
CONFIDENTIAL COPY
RESTRICTED PC 11142-11143
NOT FOR THIRD PARTY RELEASE
BY JIM
SITY CLERK RECEIVEL 2024 MAR -4 AMII: 10 CITY OF RIALTE
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TOLERKE 2024 MAR - 4 AMII: 10 CITY OF RIALTO
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