CITY CLERK'S DATE STAMP
CITY OF RIALTO
LIABILITY
CITY OF RIALTO
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY 2024 JUN 13 PM 1: 15
RECEIVED
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). CITY CLERK
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:
Joventino Garcia
- DATE OF BIRTH
FULL NAME
HOME ADDRESS INCLUDING CITY, STATE & ZIP HOME TÉLEPHONE NO.
BUSINESS ADDRESS INCLUDING CITY, STATE & ZIP BUSINESS TELEPHONE NO ADDRESS AT WHICH CLAIMANT DESIRES TO RECEIVE Berman Berman Berman Schneider & Lowary, LLP
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
(if different from home address provided above): 3890 Tenth St. Riverside, CA 92501
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: 7/30/22 TIME: 6:30 DAM D 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.
Sidewalk owned, operated, and maintained by City of Rialto in front of 661 Woodhill Street, Rialto CA 92376.
3. HOW DID DAMAGE OR INJURY OCCUR?
Plaintiff, Gloria Hernandez alleges she tripped and fell on a sidewalk uplift. Hernandez filed lawsuit in San Bernardino County Case No. CIV SB 2328264 (see attached suit) Defendant Joventino Garcia seeks declaratory relief, indemnity against City of Rialto and intends to file a cross-complaint.
4. WERE POLICE AT THE SCENE? • YES IANO 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.
City of Rialto failed to repair/maintain their sidewalk.
6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $ Plf claims $350k+ 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: | ) TELEPHONE: ()
8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITAL(S) VISITED:
NAME: NAME:
ADDRESS: ADDRESS:
TELEPHONE: L - TELEPHONE: | )
DATE: TIME: DATE: TIME: • AM • PM
9. PLEASE READ THE FOLLOWING CAREFULLY:
For all vehicle accident daims, 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 comers. 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 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
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 WAR 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.
SIGNATURE OF CLAIMANT OR AGENT
Rochelle McKenzie, Esq. June 12, 2024
TYPE OR PRINT NAME DATE
Counsel 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 CITY OF:
ALTO
2024 JUN 13 F
RECEIVE
CITY CLERI
COPY • Bar ember, md estimes. FOR COURT USE ONLY D-P1-001 (CITAGION JUDICIAL) SUM-10D PHILIP SBN 244277
SOLOR OURT USE LA CONTES COPY
MOUNTAIN VIEW AVENUE
AVISAL DEMANDAD AND OR 1100 TO: JOVENTINO GARCIF AN BERNARDINO CA 92405 TUP-EMENG: 44091885-2922
MIXNO. (Opera): (909) 885-1651
EMAL ADORESS (Datera) [email protected]
SOME FAMAN GLORTA FERNANDEZ
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
NOV 222023 STREET A009N13 247 W. 3RD STRBET
MALING ADORESS 247 #. 3RD STREET
CITY AND ZP CODE SAN BERNARDINO, CA 92405
OU ARE BEING SUED BY PLAINTIFF: CLARIA HERNANDE BRANCH ME: CENTRAL JUSTICE CENTER O ESTA DEMANDANDO EL DEMANDANTE PLAINTIFF: GLORIA HERNANDEZ
SUPERIOR COL
DEFENDANT: CITY OF RIALTO; JOVENTINO GARCIA
NOTICE! You heve been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the Informaton NOV 2 2 2023 [X DOES+ TO 50.
librery, or the courthouse COMPLAINT-Porsonal Injury, Property Damage, Wrongful Death hey be tie Mit ter maring ten the coule your rapons on time, you may ke in eat tyre it a you are a tea. ne proper AMENDED (Number):
Type (check all that apply):
→ MOTOR VEHICLE [X] OTHER (specify): GENERAL NEOLIGBNCE Property Damage Wrongful Death
X] Personal InJury 1 Other Damages (spocily):
Jurisdiction (chock all that apply):
ACTION IS A LIMITED CIVIL CASE CASEMUNOER
Amount demanded does not exceed $10,000
exceeds $10,000, but does not exceed $25,000
ACTION IS AN UNLIMITED CIVIL CASE (excaods $25,000) CIV SB 232 8 2 64 ACTION IS RECLASSIFiED by this amended complaint
from unlimited to limited
1. Plaintiff (name or names): GLORIA HERNANDEZ
coisgio de stagedos
sarante un ecuerdo o una canoesión de artitrelo en un caso de deuco dis. Tino qu alleges causes of action against defendant (name or names): CITY OF RIALTO; JOVENTINO GARCIA
2. This pleading. including attachments and exhibits, consists of the following numbor of pages:
(El nombre y diracción de la corto es): CVSB 2328264
SAN BERNARDINO SUPERIOR COURT except plaintifi (name):
(1) e corporation qualified to do business in California (2) an unincorporated entty (describe):
a public entity (describe):
(909) 885-2922 (4) a minor an adult
for whom a guardian or conservator of the estate or a guardian ad litem has baen appointed 1300 N. MOUNTAIN VIBH ABNUE (b) I other (specify):
SAN BERNARDINO, CA 92405 VERONICA GONZALEZ → other (specify):
NOV 8 2 2023 Clerk, by
(Secretento LAdiunto
For proof of service of INs summons, use Proof of Service of Summons (form POS-010).) except plaintifi (name):
(Pera pruebe de entrega de esta citatión use el formulario Proof of Service of Summons. (POS-010)). a corporation qualified to do business in Califomia en unincorporsted antly (describe):
a3 an individual defendant. (3) a public entity (describe):
2 G as the person sued under the fictitious name of (spocity:
сОрУ 3. L ori behalf of (specify):
undor: COP 118.10 (oorporation) CCP 418.60 (minor)
COP 418.20 (defunct corporation) CCP 418.70 (conservates) ) CCP 118.40 (association or partnership) CCP 418.90 (authorized porton) Information aboul additional plentiffs who are not competent adults is shown in Altechment 3.
Pago tot
4. by personal delivery on (dete): Page 1 of t COMPLAINT-Personal Injury, Proport As x01 дом 5 425 SUMMONS coder Coat Frocedure 1$ 412.20, 438 Damage, Wrongful Death fam opted for Maidetary l
CITY OF RIALTO
2024 JUN 13 PM |: 15
RECEIYED
CITY CLERK
ATTORRY OR PARTY WITHOUT ATTORNEY Were State Ber sumer at tas •CM-012 KEITH A. ADESKO, SBN 134061 FOR COURT US ON Y
PHILIP
PROFESSIONAL LAWYERS GROUP COPY
PROFESSIONAL LAWYERS GROUP MOUNTAIN VIEW AVENUE
SAN BERNARDINO,
1300N. MOUNTAIN VIEW AVENUE TELEPHONE NO: (909) 885-2922 FAXNO. (909)885-1652 SAN BERNARDINO, CA 92405
3 TELEPHONE: (909) 885-2922 NOV 2 2 2023
FACSIMILE: (909) 885-1651 3RD
4 E-MAIL: [email protected] BASHNE: CENTRAL JUSTICE CENTRE 5 PHILIP E. RIOS, STATE BAR NO: 244177 CASE NAME: HERNADBZ V. CITY OF RIALTO, et al ATTORNEYS FOR PLAINTIFF CIL CASE COVER SHEET Complex Case Designation X Uniimited }Umited CIVSB 2328264
Counter Sendor
(Amount Amounl Filed with first appearance by defendant JUDGE
~ ∞ cal. Rules ct cour, fle 3.40% DEPU
items 1-6 below must be coroleted (so instructions on page 2).
SUPERIOR COURT OF THE STATE OF CALIFORNIA Check one box below for the case type that best describes this case:
Contract
FOR THE COUNTY OF SAN BERNARDINO - CENTRAL JUSTICE CENTER | Auto (22) _ Breach of contractivarrary (06) (Cal. Rules of Court, rules 3.400-3.403 10 J Wrensured molonst 45) ] Rule 3.740 collections (09) AnStrusTrade regulation (03) her PUPD/WD (Personal injuryiPropert
11 lamage/Wrongful Death) Tor Other collectiona (09) Construction defoot (10) GLORIA HERNANDEZ, CASENO.: CIVSB2328264 insurance coverage (18 / Astestos (04) / Other contrect (37) Sacuttles ligasion (28) 12 | Product lebtlity (24) Real Property Environmental/Tone tort (30) Plaintiff, AINTIFT'S STATEME: ) Medical malpractico (45) -J Eminent domalniinversa ] Insurance covarage claire arising from the 13 'DAMAG EX Other PIPOND (23)| concomnation (14)
above listed provisionally complex cage
VS. Non-PUPDAND (Other) Tort Wrongful ovlation (33)
14 other red property (25)
/Business tort'untel: businees practice (07) Enforcement of Judgment 15 CITY OF RIALTO; JOVENTINO GARCIA; Civi rights (08) Unlawful Detainer C Enforcement of Judgment (20) and DOES 1 to 50, Commercial (31) Miscellaneous Civll Complaint 16 Fraud (10) ] Residendal (32)
Intellectual proporty (19) Other complaint (not specifisd 80ovg) (42) 17 Defendants. Profossional negligence (25) Miscellaneous Civil Patition Oler nor-PUPO/WD ton (35) ] Asset forfeiture (05) J Partnership and corporate govamance (21) 18 Employment Potion m: animation award 111) J Cther polison (nol spectfed above) (43) ] Wrongful termination (36) Went of mandele 02
19 TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD: Othor employment (15) Other judicial revlew (39) 20 2. This case L is LX is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the COMES NOW, Plaintiff OLORIA YERNANDEZ and states hisher damages as factors requiring exceptional judicial management:
Large number of separately represented parties d. Large number of witnesses 21 follows: b. L Extensive motión practice raising officult or navel e. Coordination with related actions pending in one or more courts Issues that wil be time-consuming to resolve in other counties, states, or countries, or in a federal court 22 1. MEDICAL EXPENSES TO DATE c. M Substantial amaunt of documentary evidence S 50,526.12 • Substantia! postjudgment judicial supervision 23 3. Remodies sought (check all that apply): a. X monetary b. C J nonmonetary; declaratory or injunctive relief c. C punitive
2. FUTURE MEDICAL EXPENSES $ 59,500.00
4. Number of causes of action (specify): ONE
24 3. GENERAL DAMAGES $ 250,000.00 5. Thie care L is [X] is not a class action suit 25 6. If there are any known related cases, fle and sorvo a notion of related casa. or may we mad Date
26 LIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
27| Date: 4/29/24
28 PHILIP E. ROS, ESC
PROFESSIONAL LAWYERS GROUP
ATTORNEYS FOR PLAINTIFF
PLAINTIFP'S STATEMENT OF DAMAGES
CITY OF RIALTO
2024 JUN 13 PM |: 16
RECEIVED
CITY CLERK
CUPY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
GLORIA HERNANDEZ Case No CIVSB 2326264
VS. CERTIFICATE OF ASSIGNMENT
CITY OF RIALTO: JOVENTINO GARCIA
A civil action or proceeding presented for filing must be accompariad by this Certificate. If the ground means that it will be Is the residence of a party, name and residence shall be statec requirements and case management rules, unless a defendeni files a responsive pleading. A rule 3.740 collections case will be subjoct to the requirements for service and obtaining a judgment in rule 3.740. The undersigned declares that the above-entitled.matter is filed for proceedings in the To Parties In Complex Casas, In complex casus only, parties must also use the Civil Case Cover Sheet to designate whether the CENTRAL District of the Superior Court under Rule131 and General Order case is complex. If a plaintiff bellevse the case is complex under rule 3.400 of the Caltomia Rules of Court, this must be indicated by of this courtfor the checked reason:
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the on all parties to the action. A defendant may file and serve no lato: than the General • Collection portin design an a to the design acn netane case is not complex, or tre linti fias of de no signaton, a d signation that Nature of Action Ground CASE TYPES AND EXAMPLES 1. Adoption Petitioner resides within the district Auto Tort Contact Provlalonally Complex Chill Litigation (Cal. Conservator Petitioner or conservatee resides within the district.
ALO 2 Personal nuPresety Breach ot ContractWamarty (06) Contract Performance in the district is expressly provided for.
Breach of RentaiLross
Contract (no! untemul doteiner Antitrust/Trade Regulation (03) Equity The cause of action arose within the district.
Unsurod Motorist 48) it the
case Involvos an uninsured or wrongful evicton? Come involving as Tor (40) Eminent Domain The property is located within the district. motorst ciaim subjact to ContractiNerranty Breech-Salier Family Law Plaintifi, defendant, petitioner or respondent resides within the district. arbitration, check this iter Plenur (not fraud or negligence, Guardianship instead of Auto) Petitioner or ward resides within the district or has property within the district.
Other PUPD/WD (Par 8. Harassment Plaintiff, defendant, petitioner or respondent resides within the district.
Mandate The defendant functions wholly within the district. 10 Name Change The petitioner resides within the district. chestra in
Asbestos Property Damage Enforcement or Judgment peo 11. Personal Injury The injury occurred within the district Asbestos Personol Injury' betract of Judgment (Out o 12. Personal Property The property Is located within the district.
Wrongful Destr 13. Probate Decedent resided or resides within or had property within the district.
Product Liablity (not asbestos or
oxic/entronmented (24) Prohibition The defendant functions wholly within the district.
Modical Malpractice (45) Review The defendant functions wholly within the district Medical Malprectico- Title to Real Property The property is located within the district Physicians & Surgeont Other Contract Dispute
Other Professional Health Care Palion Certicanion of Entry o Transferred Action The lower court is located within the district.
Unlawful Detainer The property is located within the district. deter Preven Eminent Domain/nonse Otre: Enforsement of Jusgment Domestic Violence The pettioner, defendant, plaintiff or respondent resides within the district.
Premises Liablity (e.g. sip 20. Other
Miacolianoous Civil Complaint
(eg., quiel tito) (28) 21. THIS FILING WOULD NORMALLY FALL WITHIN JURISDICTION OF SUPERIOR COURT (e.g. assauit, vandellem) ortgage Forecour Other Complain: (not specified nantional intolen i
Let Te The address of the accident, performance, party, detention, place of business, or other factor which qualifies this Emaional Distreas Other Real Property (not aminant Jaclaratory Rollet On case for filing in the above-designed district is:
egligonk Infliction nunctive Rallet Only (non
Machonor ion East sidewalk of Yucca Avenue approximately 50 feet south of Woodhill Avenue Other PIPDIWO Unlawful Detainer
Non-PVPD/WD (Other) Tort Other Commercial Complaint RAME - INDICATE TITLE OR OTHER QUAYINS PACTOR
ADDRESS
Business Tort/Unfait Businone ase (non-tort/non-co.maies Ranimonie
Drugs (38) (f tha case invaluas itisgal Ather Chil Complein CM Rights (e.g., discrimination. (non-torinon-complex; Rialto CA 92378 drugs, check this item; otherwiso Miscellaneous Civli Petition STATE ZIP CODE
THIRD ATRONA AN
harassmenn 108) report as Commerclal or Rasidenda) Pertnership and Corporate Dstemation (e.g..% elandor, libel) Sovemence (21) I declare, under penalty of perjury, that the foregoing is true and comect and that this declaration was executed on 11/22/2023 at San Bemardino
California.
Intellectual Proporty (19
Professional Negligence (25
egal Malpractio Not a a dall
Other Professlonal Malpractice Signature of AtoneyPany
Easy 1830100 CERTIFICATE OF ASSIONMENT Ree. June 2015
CIVIL CASE COVER SHEET
SUPERIOR COURT OF CALIFORNIA, SHORT TITLE: HERNADEZ V. CITY OF RIALTO, et al PLD.PI-001
COUNTY OF SAN BERNARDINO CASS NUMBERE
San Bemardino District
247 West 3rd St CIV SB 2328264
San Bernardino CA 92415
www.sb-court.org
909-708-8678 and has complied with the fictitious business name laws.
5. Each defendant named above is a natural person
Hemandez -v. City of Rialto a. LX except defendant (name): CITY OF RIALTO c. CJ excopt dofendant (nare):
Case Number
NOTICE OF TRIAL SETTING CONFERENCE and NOTICE OF CASE ASSIGNMENT CIVSB2328264 (1) [.] a business organization, form unknown Professional Lawyers Group (1)J a bueiness orgenization, form unknown 1300 North Moun (2) I a corporation
stain View (3) an unincorporated entity (describe): (2) a poorporated entity describes, San Bemardino CA 92405
This case has been assigned to: Michael A Sachs in Department S28 - SBJC for all purposes. (4) X] a public entity (describe): AN (4) a public entity (describe):
INCORPORATED CITY
Notice is hereby given that the above-entitled case has been set for Trial Setting Conference on: (5) L oner (specify): (5) l other (spelly):
Hearing Date: 05/22/2024 at 8:30 AM in Department S2E - SSJC b. L. except defendant (name): d. except defendant (name):
Date: 11/22/2023 By: a business organization, form unknown (1) (1) L. a business orgenization, for unknown
Veronica Gonzalez, Deputy Clerk a corporation
(2)
(3)
an unincorporated entry Goorbe: (3) an unincorporated entity (describe):
CERTIFICATE OF SERVICE (4) • a public entity (describe): (4) J a public entiy (describe):
not a party to this action and on the date and place shown betow, I served a copy of the above-listed notice by: (5) [.] other (spacily): (5) other (specify):
Enciosed in a sealed envelope mailed to the interested party addressed above for coilection and mailing Enclosed in a sealed envelope, first class postage prepaid in the U.S. mail at the location shown above, mailed to the interested party ard addressed as shown above or as shown on the attached listing. J information about additional dofendants who are not natural persons is contained in Atlactment S.
A copy di ris nobbe was given to are ning pany are counter.
NO A copy of this notice was placed in the bin located at this office and Identfied as the location for the above 6. The true names of defendants sued as Des are unknown to plaintift. a. [X) Doe cafendants (specify Doe numbers): 1 TO 50. , were the agents or employaas of osher Date of Mailing: 11/22/2023 named defendants and aclod within the scope of that agency or employmen! I declare under penalty of perjury that the forgoing is true and correct. Executed on 11/22/2023 at San b. [X] Doe defendants (specify Doe numbers): 1 TO 50. are persons whose capacities are unknown to Bemardino, CA.
7. Defendants who are joined under Code of Civil Procedure section 382 are (nemes):
By:
Veronica Gonzalez, Deputy Clerk
This court is the proper court because
at leest one defendant now resides in its jurisdictional area. the principal place of business of a defendant corporation or unincorporated association is in Its Jurisdictional area. [X] injury to paraon or damege to personal property occurred in its jurisdictional eree. other (specily).
9. X Plaintif is required to comply with a claims stetute, and [x] has complied with acolcable claims sistutes
is excused from corolving because (spec
PLD.PI-301 [Far. Seriary 1.20%7 COMPLAINT.—Personal Injury, Property Paps2613 Damage, Wrongful Death
CITY OF RIALTO
2024 JUN 13 PM I: 16
CITY CLERK RECEIVED
PLD-PI-201(2) SHORT TILE: HERNADEZ V. CITY OF RIALTO, et al PLD-PI-001 SHORT TITLE: HERNADEZ V. CITY OF RIALIO, et al I CASENUMBER CVSB 23282G4 CV SB 2328264
10. The following causes of action are attached and the statements above apply to each (each complaint must have one or mare EIRST CAUSE OF ACTION Goneral Negligence causes of action attached):
(number) Pege —
Motor Vehide
ATTACHMENT TO XJ Complaint Cross - Complaint B. IX. Genoral Nogigence Intentional Tort
(Use a soparato cause of action form for each cause of action.) GN-1, Plaintif (name): GLORIA HERNANDEZ
alleges that defendant (name): CITY OF RIALTO; JOVENTINO GARCIA
11. Plaintif has suffered
EX Does 1 . to 50 3 wage loss
ose of use of propert
was the logal (proximate) ceuse of damages to plaintiff. By the following acts or omissions to act defendant ospital and medical expanset negligenty caused the damage to plaintiff general damage on (date): 07/30/2022 property demage
at (placo): THE EAST SIDENALK OF YUCCA AVENUE APPROXIMATBLY 50 FEET SOUTH OF loss of eaming capacity WUUDALL SIRSEI LA THE CIT OF RIAGO. CA 92376. other damage (specify): INTBREST PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 3288 (description of reasons for fability): AND 3291 WITH RESPECT TO DEFENDANT JOVENTINO GARCIA ON JULY 30, 2022, AT APPROXIMATRLY 6:30 P.M., PARKED HER CAR ALONG THE BAST CURB O? YUCCA AVENUE, EXITED AND WALKED NORTHBOUND ON THE BAST SIDENALK OF YUCCA AVENUE, HRADING TO A BABY SHONER AT 633 AS SHE HALKED NORTHBOUND, APPROXMATBLY 50 FEET SOUTH OP NOCDHILD STRET, PLAINTIFF GLORIA HERNANDEZ TRIPPED OVER A SECTION OP SEAR IN THE CONCRETB SIDEKALK THAT NAS RAISED 12. The damages claimed for wrongful death and the relationships of plaintif to the deceased are APPROXIMATELY 2 INCHES, PELL PORWARD AND LANDED CN HER ORRS. AS A RESULT, PLAINTIP SUPPERED SEVERE BRUISING TO BOTH KHERS, GRADE III TRARS TO THE POSTERIOR HORN OF THE MEDIAL MENISCUS .. C listed in Attachment 12.
BILATERAL KNEES, DIPSUSE DISC PROTRUSION PROM C3 THROUGH C7, T12-L1 DIPPUBE DISC EXTRUSION, L$ b. as followe:
THROUGH S1 DIPPUSE DISC BXTRUSIONS WITH ANYULAR TEARS, AND MULTIPLE OTHER MUSCULOSKBLSTAL
UPON INFORMATION AND BELIER, PLAINTIPE ALLEGES THAT A SCTION OF THE CONCRETE SIDBHALK HAD BERT REPLACED AFTER THE REMOVAL OF TREBS THAI HAD RAISED THE CONCRETE. WHEN THE SECTION OF SIDENALK 13. The relief sougint in this complaint is within the jurisdiction of this ocurt.
AS REPLACKD, THE NEW CONCRETE HAS NOT FOURED IN SUCH A WAY AS TO BE LVEL WITH THE SURRCUNDED SWBS, RESULTING IN A HEIGHT DIPPRENCE OF APPROXIMATELY 2 INCHES.
DEFENDANT OVENTINO GARCIA ONS THE HOME LOCATED AT 661 WOODKILL STREET WHERRAT PLAITIP? ESZ.
DEPENDANT JOVENTINO GARCIA EITHER NEGLIGENYLY REPAIRED THE SIDEWALK NEXT TO HIS HOME OR FAILED TO NOTIBY THE CITY 03 THE EXISTINCS OF THE DANGSROUS CONDITION AS A DIRECT AND PROXIMATE RESOLT OF The amount of damages is (in casas for personal injury or wrongful death, you must check (1J):
HIS NEGLIGENCE, PLAINTIPP GLORIA HERNANDEZ SUPPERED SIGNIFICANT INJURIES.
DYINDANT CITY OF RIALTO ONNS, OONTROLS AND MAINTAINS THE PUBLIC SIDEKALK AND ONES À DUTY TO THE GETERAL PUBLIC TO INSPECT, MAINTAIN AND REPAIR DANGBROUS CONDXTIONS MEICH EXIST ON THE SIDEWALIS 15. The paragraphs of this complaint alleged on information and belief are as follows (spacity paragraph numbers):
AND ROADMAYS WIGIN TER CITY CITY OF RIALTO BREACHBD THAT DUTY BY FAILINO DO INSPECT, MAINTAIN AND REPAIR 2HE SIDEKALK AT TIE AREA IN QUESTION AND ALLOWED FOR A RAISBD AREA IN THE SIDEKALK TO
TO EXISE WITHOUT TAKING ME MESS REMA SEES TO REININATE THE RAWARD CRON
INPORMATION AND DELIER CITE OP RIALIO EMPLOYRES, OR AGRIES OP THR CITY OF RIALTO NEGIIORNTZY REPAIRD THE SIDEWALK BY LEAVING AN APPROXIMATELY 2 INCH HEIGHT DIPPERENCE. THE DANGEROUS CONDITION CREATED A REASOMABLY PORESRRABEE RISE OF THE KIND OF INCIDENT THAT OCCURRED. AS A DIRECT AND PROXIMATE RESULT OF DEPRIAN CETY OP RIALTOS BREACH OP DOTY DEDRA GOVE. CODE SECTION Date: 11-22-23 835, PLAINTIPPS SUPPBRED SICHIPICANT INJURIES.
• Kaaddl
(SIGNATURE OF PLANTEF OR ATTORNE
Fan Aproves for Oposal lad Page 3 ats
CAUSE OF ACTION--General Negligence PLO-81021 Her. sever/1, 3007 COMPLAINT-Personal Injury, Property Damage, Wrongful Death
CERTIFIED MAIL
ARDINO CA 923
MOZA PATIENT US POSTAGE, US POSTAGE PITNEY BOWES
BERMAN BE
SCHNEIDI ST-
R ZIP 92501
SL Fi $ 008.930
3890 TENTH STRE 02 7H
9589 0710 5270 0449 5217 50 0001333674 JUN 12 2024
Kialto City Clerk's Office
-150 S. Palm Hvenue
CITY OF RIALTO 2024 JUN 13 PM 1: 16 Xialto, CH 92376
92376-646799