CITY CLERK'S DATE STAMP
CITY OF RIALTO
LIABILITY CITY OF RIALTO
CLAIM FOR DAMAGES 2974 SEP 10 PM 2:54
TO PERSON OR PROPERTY
RECEIVEC
CITY CLERK
1. Claims for death, injury to person, or to personal property must be filed not later than six (6) months afler 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:
Maria Martinez Dezamora
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 Kevin M. McDonough, Esq. /MOREY & UPTON, LLP
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
(if different from home address provided above): 611 Anton Blvd., Suite 800, Costa Mesa, CA 92626
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: on or about March 12, 2024 TIME: at or about 2:42 AM 2PM
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.
At or near Rialto Avenue and Linden Avenue, in or around the City of Rialto, California
3. HOW DID DAMAGE OR INJURY OCCUR?
Please see Claim for Personal Injury (Gov't. Code Section 910) (Exh. ""), attached hereto and fully incorporated herein by this reference.
4. WERE POLICE AT THE SCENE? DA YES O NO WERE PARAMEDICS AT THE SCENE? DYES 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 Claim for Personal Injury (Gov't. Code Section 910) (Exh. "1"), attached hereto and fully incorporated by this reference.
6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $ not set forth pursuant to Govt Code Section 910(f)
HOW WAS THE ABOVE AMOUNT COMPUTED? Be specific, list doctor bills, repair estimates, etc. Please attach 2 estimates.
DAMAGES INCURRED TO DATE:
lease see Claim for Personal Injury (Gov't. Code Section 91D) (Exh. "1"), attached hereto and fully incorporated by this reference; and tem/Dateper Gov't Code Section 910(f), the damages exceed $10,000.00 and not tabulated herein Amount: $ lease see Claim for Personal injury (Gov't. Code Section 910) (Exh. "1"), attached hereto and fully incorporated by this reference; ar am/Dateber Gov't Code Section 910(f, the damades exceed $10.000.00 and not tabulated hereinAmount:
TOTAL AMOUNT CLAIMED AS OF PRESENTATION OF THIS CLAIM: $ not set forth pursuant to Gov lease see Claim for Personal Injury (Govt. Code Seclion 910) (Exh. "1"), attached hereto and fully incorporated by this reference; an tem/Dateper Govt Code Section 910(1), the damages exceed $10.000.00 and not tabulated herein 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: see Exhibit "1" attached hereto and fully incorporated herein by NAME:
this reference
ADDRESS: ADDRESS:
TELEPHONE: L TELEPHONE: L)
lease see Claim for
NAME: (Exh. "1"), attached hereto and fully incorporated NAME:
ADDRESSY this reference. ADDRESS: _
TELEPHONE: ( TELEPHONE: | )
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. 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 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 th 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.
Please see Claim for Personal Injury (Gov't. Code Section 910) (Exh. "1"), attached hereto and fully incorporated by this reference.
CURB
PARKWAY
/ SIDEWALK
THOSE MATERS PIER ARE EREN STATE UPON AN INTERTAIN AND BE AN AS TO HEATERS BE THE TO BEE EPASTO I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
SIGNATURE OF CLAIMANT OR AGENT
Kevin M. McDonough, Esq./MOREY & UPTON, LLP September 10. 2024
TYPE OR PRINT NAME DATE
Attorney for Claimant
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 EXHIBIT "1"
1 Kevin M. McDonough, Esq. (SBN 319301)
Robyn J. Mallon, Esq. (SBN 272213)
Garrett M. Brief, Esq. (SBN 180907)
MOREY & UPTON, LLP
3 611 Anton Boulevard, Suite 800
Costa Mesa, California 92626
(714) 432-9555
[email protected]
5 6
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
10 MARIA MARTINEZ DEZAMORA,
11 Claimant,
(714)432-1292 FACSIMILE 12
& UPTON, LLP Boulevard, Suite 800 CA 92626 'LAIM FOR PERSONAL INJUR' 13 V.
GOV'T. CODE SECTION 910
Mesa, HENRI BAO DUONG; RIALTO POLICE
14 DEPARTMENT; CITY OF RIALTO; and
MOREY Costa DOES 1 TO 100, Inclusive,
611 (714)432-9555• 15
Respondents.
16 17
19 CLAIMANT MARIA MARTINEZ DEZAMORA ("Claimant") hereby makes a claim 20 against Henri Bao Duong ("Duong"); Rialto Police Department (the "Police Department"); City of 21 Rialto (the "City"); and DOES 1 to 100, Inclusive (collectively, "Respondents"), based upon the 22 following statoments in support of her claim:
23 Claimant's mailing address is 1533 South Fillmore Avenue, Bloomington,
1. 24 California 92316. All notices concerning this claim should be sent to Claimant's attorney, Kevin 25 M. McDonough, Esq., at Morey & Upton, LLP, 611 Anton Boulevard, Suite 800, Costa Mesa, 26 California 92626.
27 The incident occurred on or about March 12, 2024, at or around 2:42 p.m., at or 28 (00872826 )1
CLAIM FOR PERSONAL INJURY (GOV'T. CODE SECTION 910)
1 near Rialto Avenue and Linden Avenue, in or around the City of Rialto, County of San 2 Bernardino, State of California. On the aforementioned date, Claimant was driving her vehicle at 3 or near Rialto Avenue and Linden Avenue in Rialto, California. At that time, Duong, the Police 4 Department, the City, and/or other Respondents' employee, and/or another person (collectively, 5 "Respondents' Employee"), acting within the course and scope of his/their employment with the 6 Police Department, the City, and/or Respondents, and/or otherwise, was driving a vehicle at or 7 near the above location that was owned, operated, managed, maintained, and/or possessed by the 8 Police Department, the City, Respondents, and/or any and each of them, and/or otherwise (the 9 "Vehicle"). While operating the Vehicle, Duong, and/or Respondents' Employee suddenly and 10 without warning negligently, and/or otherwise in violation of the California Vehicle Code, and/or 11 while driving at an unsafe speed for surrounding conditions, and/or while failing to account for 12 surrounding traffic conditions, and/or failing to yield the right of way, and/or making an unsafe 611 Anton Boulevard, Suite 800 (714) 432-9555 • (714)432-1292 FACSIMILE 13 movement, and/or otherwise, drove the Vehicle into oncoming traffic and struck Claimant's MOREY & UPTON, LLP Costa Mesa, CA 92626
14 vehicle in violation of the California Vehicle Code (the "Incident"). With respect to the Police 15 Department, the City, Respondents, and/or each and/or any of them, the Incident was caused by all 16 and/or any of the following, and/or otherwise: (1) Duong's, and/or the Respondents' Employees' 17 negligent and/or otherwise illegal operation of the Vehicle; (2) the Police Department's, the 18 City's, Respondents', and/or other Respondents' negligent maintenance and/or operation of the 19 Vehicle; and/or (3) the Police Department's, the City's, and/or Respondents", and/or other 20 Respondents' negligent hiring, training and/or retention of Duong and/or Respondents' Employee. 21 A copy of the relevant Traffic Collision Report is attached hereto, and fully incorporated herein by 22 this reference, as Exhibit "A" to the CLAIM FOR PERSONAL INJURY (GOV'T. CODE 23 SECTION 910) filed by Claimant herein.
24 3. As a proximate result of the aforementioned conduct of Respondents, Claimant 25 generally suffered significant injuries to her head, neck, shoulders, back, and other injuries as a 26 result of the Incident. Claimant has incurred and will incur property damage, loss of use of her 27 vehicle, diminution in value of her vehicle, loss of earnings, loss of earning capacity, medical 28 expenses, and general pain and suffering and emotional distress. The precise amount of (00872826 \2
CLAIM FOR PERSONAL INJURY (GOVT. CODE SECTION 910)
1 Claimant's claim is not set forth pursuant to Section 910(f). However, jurisdiction over this claim 2 would rest with the Superior Court, unlimited jurisdiction. 3 4. Other than Henri Bao Duong, the presumed negligent driver of the Vehicle, and/or 4 Respondents' Employee, the names of any other public employee(s) and/or California state 5 agency(ies) and/or any other California state entity(ies) and/or divisions) causing and/or 6 contributing to the injuries and/or damages are unknown at this time. 7 This Claim is presented pursuant to the applicable provisions of the Government 8 Code of the State of California.
9 10 DATED: September 10, 2024 MOREY & UPTON, LLP
11 12 By:
Kevin M. McDonough, Esq.
13 Attorneys for Claimant
MOREY & UPTON, LLP 611 Anton Boulevard, Suite 800 Costa Mesa, CA 92626 (714) 432-9555 • (714) 432-1292 FACSIMILE 14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CLAIM FOR PERSONAL INJURY (GOVT. CODE SECTION 910)
MOREY & UPTON, LLP 611 Anton Boulevard, Suite 800 Costa Mesa, CA 92626 (714) 432-9555 • (714) 432-1292 FACSIMILE 8 19
20 21
22 23
25 26
27 EXHIBIT «A"
28 00872826 14
CLAIM FOR PERSONAL INJURY (GOV'T. CODE SECTION 910
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
HIT & RUN | CITY JUDICIAL DISTRICT LOCAL REPORT NUMBER
SPECIAL CONDITIONS INJURED | FELONY
Rialto Fontana Superior Cour Ba 024s
NUMBER HIT & RUN COUNTY REPORTING DISTRICT DAY OF WEEK TOW AWAY
KILLED MISD
San Bernardino 143 Tuesday
COLLISION OCCURRED ON Mo. DAY YEAR TIME (2400) INCIC + OFFICERI.D. 1 0 0 RIALTO AVE 03/12/2024 1442 3609 01323
MILEPOST INFORMATION T GPS COORDINATES PHOTOGRAPHS BY • NONE FEET oF LATITUDE 34.099499 LONGITUDE -117,400698
DO AT INTERSECTION WITH STATE HUY REL S. MOONEY
X OR 45D FEET WEST oF LINDEN AVE
DRIVER'S LICENSE NUMBER [STATE CLASS -AIR BAG SAFETY EQUIP, VEH. YEAR MAKE / MODEL / COLOR LICENSE NUMBER STATE PARTY
1 CA CM1 M 2009 FORD CROWN VICTORIA BLACK CA
DRIVER NAME (FIRST, MIDDLE, LAST) On Duty Emergency Vehicle HENRI BAO DUONG ÖWNER'S NAME 'SAME AS DRIVER
(PEDES STREET ADDRESS
TRIAN CY RIALTO
128 N WILLOW AVE WINER'S ADDRES: L SAME AS DRIVER
(ANKED CITY / STATE / ZIP 249 S WILLOW AVE RIALTO CA 92376
VEHICLE
RIALTO CA 92376 DISPOSITION OF VEHICLE ON ORDERS OF: OFFICER DRIVER OTHER BICY: SEX HAIR EYES THEIGHT WEIGHT BIRTH DATE
CLIST Drivable
M BLK BRO 507 165 01/05/1977 PRIOR MECHANICAL DEFECTS: NONE APPARENT REFER TO NARRATIVE ¡OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUNBER:
VEHICLE TYPE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGE AREA (909) 820-2550
INSURANCE CARRIER POLICY NUMBER • UNK. • NONE • MINOR
48 CITY OF RIALTO & MOD • MAJOR C] ROLL-OVER LMI
DIR OF TON STREET OR HIGHWAY ¡SPEED LIMIT DOT
TRAVEL CA
O.
NORTH RIALTO AVE 40 CAL-T TCPIPSC MC/MX
PARTY DRIVER'S LICENSE NUMBER (STATE AIR BAG SAFETY EQUIP. VEH. YEAR MAKE / MODEL / COLOR LICENSE NUMBER SIATE [CLASS
2 CA M G 2015 NISSAN ALTIMA WHITE 8JEY206 CA
DRIVER NAME (FIRST, MIDOLE, LAST)
MARIA E MARTINEZDEZAMORA OWNER'S NAME X SAME AS DRIVER
PEDES. STREET ADDRESS
TRIAN MARIA E MARTINEZDEZAMORA
OWNER'S ADDRE • SAME AS DRIVER
"PARKED CITY / STATE / ZIP
VEHICL
BLOOMINGTON CA 92316 DISPOSITION OF VEHICLE ON ORDERS OF: OFFICER X DRIVER I OTHER BICY sEx THAIR TEYES HEIGHT WEIGHT BIRTH DATE RACE
Drivable
CUST
BLK BRO 502 130 H PRIOR MECHANICAL DEFECTS: XI NONE APPARENT • REFER TO NARRATIVE OTHER HOME PHONE " BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER:
VEHICLE TYPE ¡ DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGE AREA INSURANCE CARRIER POLICY NUMBER • UNK. • NONE • MINOR
01 INFINITY • MOD. & MAJOR • ROLL-OVER
-
DIR OF TON STREET OR HIGHWAY (SPEED LIMIT CA DOT
TRAVEL onna
EAST 'RIALTO AVE 40 CAL-T TCP/PSC MCIMX
DRIVER'S LICENSE NUMBER ¡STATE (CLASS (AR BAG ¡SAFETY EQUIP. VEH YEAR MAKE /MEDEL /COLOR LICENSE NUMBER STATE PARTY
3 DRIVER NAME (FIRST. MIDDLE LAST
OWNER'S NAME • SAME AS DRIVER
PEDES. STREET ADDRESS
TRIAN
OWNEKS ALUKE • SAME AS DRIVER
PARVE CITY/STATE/ ZIP
- DiSPOSITION OF VEHICLE ON ORDERS OF: OFFICER DRIVER "O'OTHER BICY: SEX " THAIR (EYES : HEIGHT (WEIGHT BIRTH DATE -TRACE CLIST
PRIOR MECHANICAL DEFECTS: I NONE APPARENT REFER TO NARRATIVE OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATIN NUMBER:
VEHICLE TYPE ¡ DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGE AREA INSURANCE CARRIER" —POLICY NUMBER • UNK. • NONE • MINOR O MOD. D MAJOR I ROLLOVER
DIR OF HON STREET OR HIGHWAY -SPEED LIMIT DOT
TRAVEL
CAL.T TCP/PSC MC/MX
PREPARER'S NAME DISPATCH NOTIFIED REVIEWER'S NAME ¡DATE REVIEWED MOONEY, SHAUN 01323 X Yes • NIA SMITH, DANIEL 02320 03/M3/2024
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
TRAFFIC COLLISION CODING
CHP 555 Page 2 (Rev. 4-11) OPI 060
DATE OF COLLISION (MO. DAY. YEAR) TIME (2400) INCIC # OFFICER I.D. NUMBER 03/12/2024 1442 3609 01323 932402715
I OWNER'S NAME OWNER'S ADDRESS NOTIFIED
CITY OF RIALTO 249 W WILLOW AVE, RIALTO CA 92376 8 YES • No
ON DUTY EMERNEGCY VEHICLE (POLICE UNIT)
SEATING POSITION SAFETY EQUIPMENT AIR BAG INATTENTION CODES OCCUPANTS HILO RESURAIN B - UNKNOWN 4 - CELLPHONE HANDHELD
A - NONE IN VEHICLE IN VEHICLE USEL B - CELLPHONE HANDSFRE
B - UNKNOWN R - IN VEHICLE NOT USED C - ELECTRONIC EQUIPMENT
C - LAP BELT USED D - RADIO / CD
D - LAP BELT NOT USED • IN VEHICLE IMPROPER U E - SMOKING 1 - DRIVER E - SHOULDER HARNESS USED U - NONE IN VEHICLE F - EATING 1 2 3 2 TO 6 - PASSENGERS EJECTED FROM VEHICL
F • SHOULDER HARNESS NOT USE
4 5 6 7 - STATION WAGON REA - LAP/SHOULDER HARNESS USE D - NOT EJECTED 8- REAR OCC. TRK OR VAN: LAP/SHOULBER HARNESS NOT USE BRICECYCLASSENGER 1 - FULLY EJECTED -POSITION OWN J - PASSIVE RESTRAINT USED V - NO X- NO 2 - PARTIALLY EJECTE 0 - OTHER PASSIVE RESTRAINT NOY USE W- YES Y-YES - UNKNOWI
NOT REQUIRED
ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK (*) SHOULD BE EXPLAINED IN THE NARRATIVE
PRIMARY COLLISION FACTOR MOVEMENT PRECEDING
LIST NUMBER (*) OF PARTY AT FAULT TRAFFIC CONTROL DEVICES 2 3 SPECIAL INFORMATION 23
A STOPFE COLUSION
A CONTROLS FUNCTIONING A HAZARDOUS MATERIAL
1 A -
21804(A) B CONTROLS NOT FUNCTIONING• B CELL PHONE HANDHELD IN USE I B PROCEEDING STRAIGHT OTHER IMPROPER DRIVING: C CONTROLS OBSCURED C CELL PHONE HANDSFREE IN USE C RAN OFF ROAD X¡D' NO CONTROLS PRESENT/FACTOR* XX D CELL PHONE NOT IN USE D MAKING RIGHT TURN
C OTHER THAN DRIVER' TYPE OF COLLISION E SCHOOL BUS RELATED E MAKING LEFT TURN D UNKNOWN- HEAD. ON F 75 FT MOTORTRUCK COMBO F MAKING U TURN B SIDESWIPE G 32 FT TRAILER COMBO G BACKING
REAR END H SLOWING/ STOPPING
D BROADSIDE I PASSING OTHER VEHICLE
WEATHER (MARK 1 TO 2 ITEMS).
X A CLEAR E HIT OBJECT J CHANGING LANES
CLOUDY "OVERTURNED K PARKING MANEUVER
RAINING ¡G VEHICLE PEDESTRIAN İ ENTERING TRAFFIC
D SNOWING H OTHER: M OTHER UNSAFE TURNING
FOG / VISIBILITY. •FT. N XING INTO OPPOSING LANE
iF OTHER*: MOTOR VEHICLE INVOLVED WITH O PARKED
G WIND A NON- COLLISION P MERGING
LIGHTING B PEDESTRIAN Q TRAVELING WRONG WAY
XIA DAYLIGHT OTHER MOTOR VEHICLE OTHER ASSOCIATED FACTORS) R OTHER®:
DUSK - DAWN MOTOR VEHICLE ON OTHER ROADWAY (MARK 1 TO 2 ITEMS)
E PARKED MOTOR VEHICLE A VE GECTION MOLATON CITED
DARK - STREET LIGHTS - -
DARK - NO STREET LIGHTS TRAiN
G BICYCLE @ VOSECTION MOLARICH -CITED
DARK - STREET LIGHTS NOT
FUNCTIONING' ¡H ANIMAL: SOBRIETY - DRUG
ROADWAY SURFACE* VE SECTION VIOLATION CITED PHYSICAL
XA DRY FIXED OBJECT
WET XX ¡ A HAD NOT BEEN DRINKING
SNOWY - ICY J CTHER OBJECT: E VISION OBSCUREMENT B HBD- UNDER INFLUENCE SLIPPERY (MUDDY, OILY, ErC) F INATTENTION*: C HBD - NOT UNDER INFLUENCE • G STOP & GO TRAFFIC D HBD. -IMPAIRMENT UNKNOWN *
ROADWAY CONDIIONS (MARK 1 TO 2 ITEMS) H ENTERING / LEAVING RAMP É UNDER DRUG INFLUENCE" PEDESTRIAN'S ACTIONS _
A HOLES, DEEP RUTS A NO PEDESTRIANS INVOLVED I PREVIOUS COLLISION F IMPAIRMENT - PHYSICAL
B LOOSE MATERIAL ON ROADWAY' UNFAMILIAR WITH ROAD G IMPAIRMENT NOT KNOWN
CROSSING IN CROSSWALK
ORSTRUCTION ON ROADWAY"" AT INTERSECTION DEFECTIVE VEH. EQUIP. H NOT APPLICABLE O OBSTRUCTION EAR ZONE : CROSSING IN CROSSWALK - NO CITED | SLEEPY I FATIGUED•
LE REDUCED ROADWAY WOTH T INTERSECTIOI
IF FLOODED. D CROSSING - NOT IN CROSSWALK L UNINVOLVED VEHICLE H G OTHER: TE IN ROAD - INCLUDES SHOULDER M OTHER:
X H NO UNUSUAL CONDITIONS TE NOT IN ROAD XIX N NONE APPARENT G APPROACHING LEAVING SCHOOL BUS'** ¡ O RUNAWAY VEHICLE Miscellaneous
"See Attached Sketch"
• "See Attached factual diagram"
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
SKETCH
CHP 555 Page 4 (Rev. 4-11) OPI 060
¡DATE OF COLLISION (MO DAY. YEAR) TIME (2400) TNCIC # TOFFICER I.D. | NUMBER 03/12/2024 1442 3609 01323 932402715
ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED
RIALTO AVE
V-2 TO
LINDEN AVE
V-1
AOl -
DRIVEWAY TO
1531 W RIALTO AVE
oogle
PREPARED BY ID NUMBER MO DAY YEAR REVIEWERS NAME INO DAY YEAR MOONEY, SHAUN 01323 D1323 03/12/2024 SMITH, DANIEL 02320 03/13/2024
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
ARRATIVE SUPPLEMENTA
HP 556 Page 4 (Rev. 4-11) OPI 061
¡ DATE OF COLLISION (MO. DAY. YEAR) TIME (2400) OFFICER I.D. I NUMBER jNCIC*
03/12/2024 1442 | 3609 01323 932402715
On duty emergency vehicle traffic collision.
NOTIFICATION:
On 03-12-2024 at 1437 hrs, I was assigned to the Traffic Division as a Motor Officer and traffic collision investigator for the city of Rialto.
On the above date and time, I was dispatched to the 1500 block of W. Rialto Ave in reference to a traffic collision regarding an on-duty emergency police unit, (Unit R914).
All speeds, times and measurements are approximate. Measurements were obtained by satellite imagery.
PARTIES / VEHICLES INVOLVED:
D-1; Duong (On duty Police Officer).
V-1: Ford (ODEV - unit R914).
D-2: Martinez De Zamora
V-2: Nissan
STATEMENTS:
The below information are synopsis' of driver statements only.
D-1 stated that he was slowly exiting the driveway of 1531 W Rialto Ave. D-1 said that as he was exiting, he drove slowly onto the eastbound lanes of Rialto Ave and couldn't see oncoming eastbound traffic due to vehicles parked alongside the south curb. As he drove onto the eastbound lanes of Rialto Ave, his front bumper collided into another vehicle that was traveling eastbound in front of him. D-1 stated that he did not see the other car coming. D-1 stated that he was not injured.
D-2 stated that she was driving eastbound on Rialto Ave when the police car drove into her lane and hit her car. D-2 stated that she was not injured.
SUMMARY:
D-1 was driving V-1, (ODEV), northbound in the driveway entrance/exit of 1531 W Rialto Ave and toward Rialto Ave.
D-2 was driving V-2 eastbound on Rialto Ave in the #2 lane and passing the driveway of 1531 W Rialto Ave.
As D-1 exited the driveway, the front end of V-1 partially drove into the #2 eastbound lane where V-2 was located. The front push bar of V-1 then struck the passenger side of V-2.
Upon looking at the parked vehicles on the east and west sides of the entrance/exit driveway of 1531 W Rialto Ave where the collision occurred, there were no parking violations located that contributed to the collision.
PREPARED BY ID NUMBER IMO DAY YEAR REVIEWERS NAME MO DAY YEAR MOONEY, SHAUN 01323 01323 103/12/12024 SMITH, DANIEL 02320 03/13/2024
DEPARPNENT OF CALIFORNA HIGHWAY PATROL
¡DATE OF COLLISION (MO. DAY. YEARY TIME (2400) TOFFICER I.D. I NUMBER 03/12/2024 3609 01323 932402715
VEHICLE COLLISION DAMAGE:
V-2 sustained collision damage to the following locations:
Passenger side front end; Passenger side front quarter panel; Passenger side front door; Passenger side rear door and engine hood.
V-1 sustained moderate front end collision damage to the front push bar and minor damage to the front bumper.
AOI:
11' north of the south curb-line prolongation of Rialto Ave // 450' west of the west curb-line prolongation of Linden Ave.
CAUSE: D-1
PCF: CVC 21804(a)
INJURIES:
None.
DISPOSITION:
Photographs were taken and downloaded into Evidence.com.
RECOMMENDATIONS:
Case to file.
PREPARED BY ID NUMBER İMO DAY YEAR REVIEWERS NAME NO DAY YEAR MOONEY, SHAUN 01323 01323 03/12/2024 SMITH, DANIEL 02320 03/13/2024 1 PROOF OF SERVICE
2 STATE OF CALIFORNIA )
)
3 COUNTY OF ORANGE )
4 I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 611 Anton Boulevard, Suite 800, Costa 5 Mesa, California 92626. My electronic service address is [email protected]. 6 On September 10, 2024, I caused to be served the foregoing documents described as CITY OF RIALTO LIABILITY - CLAIM FOR DAMAGES TO PERSON OR PROPERTY on the interested parties in this action by placing a true copy(ies) thereof enclosed in a sealed envelope(s) 8 addressed as follows:
SEE ATTACHED LIST
10 By PERSONAL SERVICE as follows: I caused such documents to be delivered by hand to the offices of the addressee(s) listed on the attached SERVICE LIST. 12 By MAIL as follows: I am "readily familiar" with Morey & Upton, LLP's practice of CA 92626 collection and processing correspondence for mailing. Under that practice it would be deposite MOREY & UPTON, LLP 611 Anton Boulevard, Suite 800 (714) 432-9555 • (714) 432-1292 FACSIMILE 13 with the U.S. Postal Service on that same day with postage thereon fully prepaid at Costa Mesa, California, in the ordinary course of business. I am aware that on motion of party served, service Costa Mesa 14 shall be presumed invalid if postal cancellation date or postage meter is more than one (1) day after date of deposit for mailing in affidavit.
15 By E-MAIL: by e-mail to the interested parties at their e-mail addresses as set forth on the 16 attached SERVICE LIST.
17 18 I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.
19 Executed on September 10, 2024, at Costa Mesa, California. 20 21
22 Kevin M. McDonough
23 24
25 26
27 28
CLAIM FOR PERSONAL INJURY (GOVT. CODE SECTION 910)
•
1 SERVICE LIST
Martinez Dezamora v. Duong. et al.
2 By Personal Delivery:
3 City of Rialto
City Clerk's Office
4 290 W. Rialto Ave
Rialto, CA 92376
5 6
By Mail:
7 City of Rialto
Attn: City Clerk's Office
8 150S. Palm Ave.
Rialto, CA 92376
9 10
By E-Mail:
11 Shama Curian
City of Rialto
12 Risk Management Department
150S. Palm Ave.
MOREY & UPTON, LLP 611 Anton Boulevard, Suite 800 Costa Mesa, CA 92626 (714) 432-9555 • (714) 432-1292 FACSIMILE 13 Rialto, CA 92376 scuriana rialtoca.gov
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 10087282616
CLAIM FOR PERSONAL INJURY (GOV'T. CODE SECTION 910)