Pacific Liberty Law
A PROFESSIONAL CORPORATION
CITY OF RLALTO
1458 S. San Pedro Street, Unit 310, Los Angeles, CA 90015 • Tel: 213-765-9080 Fax: 213-765-9060 • Email: [email protected] 2024 SEP 23 P. 4: 15
Sent VIA U.S. MAIL RECEIVEL
CITY CLERK.
September 17. 2024
City of Rialto
Attn- Rialto City Clerk's Office
150 S. Palm Ave.
Rialto, CA 92376
Slip and Fall Incident
Re: Our Client: Janine Ruth Padilla
incident Date: Apiil 1, 20241
Incident Location: Sidewalk on W. Baseline Road between Willow Ave. and Riverside Ave., in the city of Rialto, CA
Our File Number: 24839
Dear City Clerk's Office:
Our office represents Janine Ruth Padilla (hereinafter "Claimant") regarding injuries sustained from a fall caused by an uneven sidewalk on the south side of W. Baseline Road, between Willow Ave. and Riverside Ave., in the City of Rialto. Specifically, the protruding sidewalk in question is located just east of the CVS Drugstore.
The Claimant tripped over the uneven sidewalk, resulting in a fall where she impacted her face, knees, and wrist. As a result, she sustained severe injuries.
Attached to this letter are the incident police report and the City of Rialto Claim Form.
Please direct all future communications regarding this matter to our office to ensure proper handling and to maintain the integrity of the legal process. We respectfully request that you refrain from contacting our client directly.
Formal Demand to Preserve Evidence:
This letter also serves as a formal request for the City of Rialto and/or its agents to preserve all evidence related to the incident, including proof of any repairs made to the sidewalk. We ask that all originals nd copies of photographs, video recordings, audio recordings, witness statements and document ertinent to this claim be preserved, as thev are essential to a fair and thorough investigatio
PADILLA VS. CITY OF RIALTO
Pacific Liberty Law
A PROFESSIONAL CORPORATION
1458 S. San Pedro Street, Unit 310, Los Angeles, CA 90015 • Tel: 213-765-9080 Fax: 213-765-9060 • Email: [email protected] Thank you for your prompt attention to this matter.
Should you have any questions or require additional information, please feel free to contact my case manager, Carolyn Chang, who is fully informed on this case.
Respectfully,
eith
Eugene S. Fu
Attorney for the Claimant
JANINE RUTH PADILLA
Enclosure: Rialto Police Incident Report, City of Rialto Claim Form
PADILLA VS. CITY OF RIALTO
CITY OF RIALTO CITY CLERKS DATE STAMP
LIABILITY CITY OF RIALTO
CLAIM FOR DAMAGES 2024 SEP 23 PM 4: 15
TO PERSON OR PROPERTY RECEIVEL
CITY CLERK
1. Claims for death, injury fo person, or fo 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:
Janine Ruth Padilla
FULL NAME DATE OF BIRTH
HOME ADDRESS INCLUDING CITY, STATE & ZIP PACIFIC LIBERTY LAW, APC HOME TELEPHONE NO. 1458 S. San Pedro St., Suite 310, Los Angeles, CA 90015 1213) 765-9080 BUSINESS ADDRESS INCLUDING CITY, STATE & ZIP BUSINESS TELEPHONE NO.
ADDRESS AT WHICH CLAIMANT DESIRES TO RECEIVE Pacific Liberty Law
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
(if different from home address provided above): 1458 S. San Pedro St., # 310, Los Angeles, CA 90015
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: 04/01/2024 TIME: 1:00 • AM X 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. he incident acccured on the sidewalk south side of W. Baseline Road, between Willow Avenue and Riverside Avenue in the city of Rialto, state of California. Specifically, sidewalk in question is located just east of the CVS Drugstore.
3. HOW DID DAMAGE OR INJURY OCCUR?
The Claimant was walking eastbound on the south-side sidewalk of Baseline Road when she stepped on an uneven section of the sidewalk. This caused her to lose her balance and fall forward, resulting in her face impacting the pavement.
4. WERE POLICE AT THE SCENE? EYES 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.
According to the City of Rialto Cade of Ordinances, Title 11 - Streets and Sidewalks, the City of Rialta is responsible for he maintenance and repair of sidewalks. The city required to properly align curbs, gutters, street lights, sidewalks, and paving wit xisting or planned improveements. In this instance, the City of Rialto failed to fulfillts obligation to maintain and repair th sidewalk.
6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $ Damages to be ascertained HOW WAS THE ABOVE AMOUNT COMPUTED? Be specific, list doctor bills, repair estimates, etc. Please attach 2 estimates.
DAMAGES INCURRED TO DATE:
Item/Date: We reserve the right to submit at a later date. Amount: § To be ascertained Item/Date: Amount: $
TOTAL AMOUNT CLAIMED AS OF PRESENTATION OF THIS CLAIM: §To be ascertained ESTIMATED PROSPECTIVE DAMAGES, AS FAR AS KNOWN:
Item/Date: Unknown at this time, we reserve the right to submit at a later 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: Unknown to the Claimant NAME:
ADDRESS: ADDRESS:
TELEPHONE: L TELEPHONE: | 1
8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITAL(S) VISITED:
NAME: Arrowhead Medical Center Emergency Room NAME: Kaiser Permanente ADDRESS: 400 N. Pepper Avenue, Colton, CA 92341 ADDRESS: : 9961 Sierra Avenue, Fontana, CA 92335 TELEPHONE: (909) 580-1000 TELEPHONE: (833) 574-2273
DATE: 04/01/2024 TIME: 1:30 DAM 12PM DATE: 05/01/2024 TIME: 2:50 DAM 87 PM
"Claimant is still being treated."
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.
CURE * incident location
W. Baseline Road
PARKWAY
South-stde
7. **incident SIDEWALK
Willow Ave. -tocation
Riverside Ave:
..Police report attached to this Form***
IAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF; AND CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS IOSE MATTERS WHICH ARE HEREIN STATED UPON MY INFORMATION AND BELIEF; AND AS TO THOSE MATTERS I BELIEVE THEM TO BE TRI I CERTIFY IOR DECI AREI INDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
SIGNATURE OF CLAIMANT OR AGENT
Janine Ruth Padilla 09/17/2024
TYPE OR PRINT NAME DATE
Self
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
INCIDENT REPORT
Agency Name: ORI#: OCA#:
RIALTO POLICE DEPARTMENT CA0360900 841012024 10-59-18
932403457
Incident Start Date/Time: DOW: Report Type: CHP 180
04/01/2024 13:15:13 Monday INITIAL Case Screening:
• Serialized Property , Hate Crime Total Loss
Incident End Date/Time: Internal Incident Status:
I Evidence Collected Gang Related
04/01/2024 14:01:57 $0.00
PC 293 Sex Crime Domestic Viol
Incident Location: Secondary Location:
211 W BASELINE RD RIALTO CA 92376-
Case Description: UCR Status: All Other Reporting Area:
AXON AND PHOTOS RI100
Operation Method:
Penal Code: UCR Code: F/M: Penal Code Description:
INCIDENT INCIDENT Counts: Comp/Att:
Structure TOD: Offense Location:
Day NONE atoni
Weapon Used: HIGHWAY / ROAD / ALLEY /
Situation Code: Premise
OTHER / NA HIGHWAY (STREETS, ALLEYS,
Penal Code: UCR Code: F/M: Penal Code Description: Counts:
Comp/Att:
Structure TOD: Bias Motivation: Offense Location:
Weapon Used: Situation Code: Premise:
Г Person Name: Phone: Cell Phone:
Business
Address (Street, Apt., City, State, Zip): Pager:
Involvement Type (Person): Victim Type (Business): Domestic F T LEOKA Activity: LEOKA Assignment:
Violence
Occupation: Employer. Employer Address: Employer Phone:
Relationship to Offender (Person): DOB: Age: Sex: Height: Weight: Injury Type:
Minor injuries Unconscious
Race: Ethnicity: SSN: Internal Injuries Teeth Injury
License (#, Class, State): Related Offense(s): _ Lacerations Г Bone Injury Other Injuries None
Suspect #1 Name: Phone: Cell Phone: Pager:
Address (Street, Apt., City, State, Zip): Occupation: Employer:
Suspect Forced Victim: Primary Action: Employer Address:
Employer Phone:
Solicited/Offered: Suspect Force: DOB: TAge: Sex: Height: Weight:
Build: Complexion: Eye Color:
Race: | Ethnicity: SSN: License (#, Class, State): Related Offense(s): Hair Color:
Hair Length: | Hair Style:
C Clothing Description:
NCIC #: State ID #: Facial Hair: Speech: Teeth:
Body Markings (Type, Location, Description):
Arrested: Suspects: Persons
TARAMONA, ANTHONY 02389 04/01/2024 14:02:55
Reporting Officer ID# Date
Z Reporting Officer Signature
Assisting Officer ID# Date Assisting Officer SiRtYROLLED COPY WRIGHT, STEVEN 01588 04/01/2024 17:59:48 CONFIDENTIAL COPY Reviewing Officer ID # Date Reviewing Officer SignaNTED PC 11142-11143
NOT FOR THIRD PARTY RELEASE
THE RIAL POtiCE DEPARTMENT
REL TO: PACIFIC LIBERTY LAW
BY: A.URDIANO
INCIDE... REPORT - ADDITIONAL PERS VS
Agency Name: ORI#: Report Date/Time: OCA#:
RIALTO POLICE DEPARTMENT CA0360900 04/01/2024 16:59:18 932403457 Phone: Cell Phone:
Г Business JANINE RUTH PADILLA
Address (Street, Apt., City, State, Zip): Pager:
Involvement Type (Person): Victim Type (Business): Domestic r | LEOKA Activity: LEOKA Assignment:
OTHER Violence
Occupation: Employer: Employer Address: Employer Phone:
1O UNKNOWN OR NOT
STATED
Relationship to Offender: DOB: Age: Sex: T Height: Weight: Build: Complexion: | Eye Color:
69 508 180
Race: Ethnicity: SSN: License (#, Class, State): Related Offense(s): Hair Color: Hair Length: Hair Style:
Hispanic HISPANIC U CA 00
Clothing Description: NCIC #: State ID#: Facial Hair: Speech: Teeth:
Body Markings (Type, Location, Description): Solicited/Offered! Injury Type:
N/ A • Minor Injuries Unconscious
Internal Injuries Teeth Injury
Suspect Forced Victim PAmany Action Suspect Forcef • Lacerations Г Bone Injury Г Other Injuries I None
Person Name: Phone: Cell Phone:
Business
Address (Street, Apt., City, State, Zip): Pager:
Involvement Type (Person): Victim Type (Business): Domestic / LEOKA Activity: LEOKA Assignment:
Violence
Occupation: Employer: Employer Address: Employer Phone:
Relationship to Offender: DOB: Age: Sex: Height: Weight: Build: Complexion: TEye Color:
Race: Ethnicity: SSN: License (#, Class, State): Related Offense(s): Hair Color: Hair Length: Hair Style:
Clothing Description: NCIC #: State ID #: Facial Hair: Speech: Teeth:
Body Markings (Type, Location, Description): Solicited/Offered Injury Type:
Г Minor Injuries Unconscious
Г Interal Injuries Teeth Injury
Suspect Forced Victim: Primary Action: Suspect Force! Г Lacerations I Bone Injury Other Injuries None
Person Name: Phone: Cell Phone:
Business
Pager:
Involvement Type (Person): Victim Type (Business): Domestic / LEOKA Activity: LEOKA Assignment:
Violence
Occupation: Employer: Employer Address: Employer Phone:
Relationship to Offender: DOB: | Age: Sex: Height: Weight: Build: Complexion:
• Eye Color:
Race: Ethnicity; SSN: License (#, Class, State): Related Offenses): Hair Color: Hair Length: Hair Style:
Clothing Description: NCIC#: State ID#: Facial Hair: Speech: Teeth:
Body Markings (Type, Location, Description): Solicited/Offered:
Injury Type:
Unconscious
Suspect Forced Victim: Primary Action: Suspect Force: Teeth Injury CONFIDENTluers COP Bone Injury
RESTRIC He puriet 1 14 None 143
NOT FOR THIRD PARPY RELEASE
THE RIALTO POLICE DEPARTMENT
REL TO: PACIFIC LIBERTY LAW
BY: A.URDIANO
INC... ENT REPORT - NARRATIVE
Agency Name: ORI#: Report Date/Time:
OCA#:
RIALTO POLICE DEPARTMENT CA0360900 04/01/2024 16:59:18
932403457
NARRATIVE
ASSIGNMENT/ARRIVAL
On 04/01/2024, 1 (Officer A. Taramona) was assigned to work uniformed patrol for the Rialto Police Department. At approximately 1315 hours. I was dispatched to 211 West Base Line Road (CVS) to assist the Rialto Fire Department.
Upon my arrival, made contact with RFD, who advised that an elderly female was walking on the south sidewalk of Baseline Road, walking eastbound towards Riverside Avenue, when she tripped and hit her head on the sidewalk. RFD advised me that they had already transported the female to Arrowhead Medical Center
AXON
The following is a summary of events and interviews that occurred. For complete details, please refer to the Axon video.
INVOLVED PARTY CONTACT
I contacted the female, identified as Janine Padilla, who was transported to Arrowhead Medical Center by RFD Engine No. 201.
Padilla informed me that she was waiking on the sidewalk when she tripped and hit her head on the concrete. Padilla stated she landed face-first, hitting her nose on impact. Padilla complained of pain throughout her face and both arms
INJURIES
Padilla had a laceration on the right side of her face. Photographs of her injuries were taken and uploaded to evidence.com
DISPOSITION
incident report completed.
RECOMMENDATIONS
Station file
CONTROLLED COPY
CONFIDENTIAL COPY
RESTRICTERORC 1J,182-11743
NOT FOR THIRD PARTY RELEASE
THE RIALTO POLICE DEPARTMENT
REL TO: PACIFIC LIBERTY LAW
BY: A.URDIANO
PACIFIC LIBERTY LAW
A PROFESIONAL (PRATION
1458 S. San Pedro Street, Unit 310
Los Angoles, CA 90015 CITT OF RIALTO
2024 SEP 23
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CIT T CLERY
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