CITY CLERKS DATE STAMP
CITY OF RIALTO
CITY OF RIALTO
LIABILITY
2024 OCT -2 ANIO: 55
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY RECEITED
CITY CLER*
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 59112).
2. Claims for damages to real property must be filed not later than one (1) year after the occurrence (Gov. Code 5911.2) 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., Rialio, CA 92376 Address: 290 W. Riatto Ave., Rialto, CA 92376
CLAIMANT INFORMATION:
Maria Irma Martinez -
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 Alan B. Blanco, Esq. | Rafii and Associates 9100 Wilshire Bivd Suite 465E
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
Beverly Hills, CA 90212
(if different from home address provided above):
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE: 04/13/2024 9:15 TIME: • AM IXPM
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.
Please see attached
3. HOW DID DAMAGE OR INJURY OCCUR?
Please see attached
4. WERE POLICE AT THE SCENE? YES • NO WERE PARAMEDICS AT THE SCENE? • YES ONO
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
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: Cal. Gov. Code sec. 910 (f) - Unlimited Civil Claim 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: | 1
8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITAL(S) VISITED:
NAME: NAME:
ADDRESS ADDRESS: _
TELEPHONE: _) TELEPHONE: L. 1
DATE: TIME: • AMO PM DATE: TIME: • AM • PM
9. PLEASE READ THE FOLLOWING CAREFULLY:
or all vehicle accident claims, place on the following diagram, the names of streets, including NORTH, EAST, SOUTH AND WEST directions. Indicate plac f accident by ®X" and by showing house numbers or distances to street comers if 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 → NOTE: IF THE DIAGRAM BELOW DOES NOT FIT THE SITUATION, PLEASE ATTACH A PROPER DIAGRAM SIGNED BY THE CLAIMANT.
CURB
PARKWAY
7 SIDEWALK
THOSE MATTERS MORE LAIN STATE NERATION NEED SEE ELEVEN TO BE TREACEPT ASTO I GEBTRY OR DECLARE) UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
SIGNATURÉ OF CLAIMANT OR AGENT
Alan B. Blanco 926-21
TYPE OR PRINT NAME DATE
Attorney
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 Maria Irma Martinez
City of Rialto
Place of Accident
On Ayala Drive, north of Leiske Drive in Rialto, CA. At approximately 9:15 PM.
How did Damage or Injury Occur
Officer Michael Duke was driving southbound in an On-Duty Emergency Vehicle on Ayala Dr in the No.1 lane. Ms. Martinez was also southbound on Ayala Dr in the No. 2 lane. Officer Duke made an unsafe lane change and caused the On-Duty Emergency Vehicle to collide into our client's car.
What particular act or omission do you claim caused the injury or damage Legal principles of respondeat superior apply to render government entities liable for their employees' torts. The public entity may be vicariously liable for injury proximately caused by its employee's act or omission (i.e. negligence) within the scope of employment if the act or omission would otherwise have given rise to a cause of action against the employee. The injury was proximately controlled by the employee's failure to operate the On-Duty Emergency Vehicle in a reasonable manner. The injuries suffered by our client are of a nature reasonably foreseeable from a negligently operated On-Duty Emergency Vehicle.
The Officer's failure to reasonably operate the vehicle is also a direct result of not having received appropriate training or insufficient supervision. The maintenance and training of officers and the On-Duty Emergency Vehicles is a responsibility exclusively in the hands of the City; injuries resulting from an improperly maintained vehicle or improper training are reasonably foreseeable and give rise to the City's liability.
A public entity is liable if the injury occurred on property that it owned or controlled. The injury our client suffered was proximately caused by the employee's failure to operate the On-Duty Emergency Vehicle in a reasonable manner. The injuries suffered by our client are of a nature reasonably foreseeable from a negligently operated On-Duty Emergency Vehicle.
Officer Michael Ruben Duke was negligently entrusted to operate an On-Duty Emergency Vehicle for the benefit of the City. The collision arose during the officer's regular course and scope of his duties. Officer Duke failed to operate their On-Duty Emergency Vehicle in a reasonable manner and as such contributed to the collision which occasioned our client's injuries. Police Officers are tasked with keeping the public well-being and are responsible for the public's well-being and as such require specialized training and licenses; as such, they are held to a higher standard of care as compared to a private civilian driver. The City's Officer did not keep a proper look out and did not control their speed adequately and contributed to the collision.
LOS ANGELES CA 900
30 SEP 2024 $9.640
US POSTAGE +
9589 0710 5270 0297 4512 09 FIRST-CLASS
RAFTI & ASSOCIATES, P.C.
BEERIY THIS CART.
Rialto City Clerk's Office
150 S. Palm Ave.
Rialto, CA 92376
CLE RE MELLITEL 2074 OCT - ? AMI0: 55 CITY OF RIALTO
92376-548799