CITY CLERK'S DATE STAMP
CITY OF RIALTO CITY OF RIALTO
LIABILITY
2026 JAN 22 AM 9:49
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY RECEIVEL
CITY CLERK
. 1.Claims for death, injury to person, or to personal property must be filed not later than six (6) months after the occurence (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 59112). RETURN TO:
Rialto City Clerk's Office
3.READ ENTIRE CLAIM FOR BEFORE FILING Mail: 150S. Palm Ave., Ritto, CA 92376
4.ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS Address: 290 W. Rialto Ave., Rialto, CA 92376 CLAIMANT INFORMATION:
Deen this Sahn Whenk
DATE OF BIRTH
FULL NAME
-
HOME TELEPHONE NO
HOME ADDRESS INCLUDING CITY, STATE & ZIP
BUSINESS ADDRESS INCLUDING CITY, STATE & ZIP / BUSINESS TELEPHONENO.
ADDRESS AT WHICH CLAIMANT DESIRES TO RECEIVE
NOTICES OR COMMUNICATIONS REGARDING THIS CLAIM
(if different from home address provided above):
1/23/25 TIME: • AM O PM
1. WHEN DID DAMAGE OR INJURY OCCUR? DATE:
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 tooth:ll Dund nD way Plaza en Sucamer
3. HOW DID DAMAGE OR INJURY OCCUR,
se. attachid Glaim Packet
4. WERE POLICE AT THE SCENE? DYES NO WERE PARAMEDICS AT THE SCENE? DYES EXPO
5. WHAT PARTICULAR ACT OR OMISSION DO YOU CLAIM CAUSED THE INJURY OR DAMAGES? Give the name of the city/town emplice causing he nury or damage, town. Reg my yehile Men is sit on Pulle highered they.
6. GIVE TOTAL AMOUNT OF CLAIM Include estimate of amount of any prospective injury or damage $ 25,000 HOW WAS THE ABOVE AMOUNT COMPUTED? Be specific, list doctor bills, repair estimates, etc. Please attach 2 estimates.
DAMAGES INCURRED TO DATE: See Packet Amount:$ 25,000
Item/Date:
Amount: $
Item/Date:
TOTAL AMOUNT CLAIMED AS OF PRESENTATION OF THIS CLAIM: $ 25,000 ESTIMATED PROSPECTIVE DAMAGES, AS FAR AS KNOWN:
Hem/Date: see packet Amoun: $25, 000
Item/Date: Amount: $
TOTAL ESTIMATED AMOUNT PROSPECTIVE DAMAGES: • 25,000
7. WITNESSES TO DAMAGE OR INJURY List all persons known to have information (attach additional pages, if necessary) NAME: NAME:
ADDRESS: ADDRESS:
TELEPHONE: L) TELEPHONE: )
8. IF INJURED, PROVIDE NAME, CONTACT INFORMATION AND DATE/TIME DOCTORS) OR HOSPITALS) VISITED:
NAME: NAME:
ADDRESS: ADDRESS:
TELEPHONE: ( TELEPHONE: L)
DATE: TIME: DATE:
TIME:
9. PLEASE READ THE FOLLOWING CAREFULLY:
For all vehice 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 comers. 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 If a citytown 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 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.
Sabway
CURB
Храмос
PARKWAY
196
SIDEWALK
20 I CERIFY (OR DECLARE UNDIA PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
SIGNATURE OF CLAMANZOR AGENT
1-22-26
TYPE OR PRINT NAME •DATE
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. PALI AVE., RIALTO, CA 92376
APPLICATION FOR LEAVE TO PRESENT A LATE
CLAIM
(Government Code §911.4)
Against: City of Rialto / Rialto Police Department
1. Claimant Name: James Demetrius John Wolanyk
2. Address:
..-.
3. Phone:,
4. Email:
5. Public Entity Against Whom Claim Is Made: City of Rialto / Rialto Police Department
6. Date of Incident: January 23, 2025 through February 3, 2025
7. Date Claimant First Knew of Injury/Damage: January 24, 2025 (court ordered immediate release not carried out)
8. Date Claimant Was Able to Act on Claim: February 3, 2025 (date of actual release)
9. Description of Incident: On January 23, 2025, I was arrested by the Rialto Police Department on a warrant dated December 13, 2024 for charges I had already served from August 15, 2024 through October 24, 2024 at Wasco State Prison. During the arrest, my 2002 BMW 525i was legally parked on private property at Subway Plaza in Rialto, California. A licensed driver and AAA roadside service were available, but officers refused both options and ordered the vehicle towed. On January 24, 2025, the Superior Court of California granted a Penal Code 1385 motion, dismissed all charges, and ordered my immediate release. Despite this order, San Bernardino County Jail failed to release me until February 3, 2025, unlawfully holding me ten extra days. Because of this illegal detention, I could not retrieve my vehicle, towing and storage fees reached approximately $3,500, and my vehicle was ultimately lost by auction.
10. Injuries and Damages: Unlawful imprisonment for ten days, emotional distress, loss of liberty, financial harm, loss of transportation, and total loss of my vehicle.
11. Amount of Claim: $25,000 or more according to proof.
12. Reason Claim Was Not Presented Within Six Months: / was incarcerated during a critical period and lacked access to my records and court documents. After release on February 3, 2025, I faced housing instability and financial hardship and had difficulty obtaining official records, making timely filing impossible.
13. Excusable Neglect / Justification: Delay was due to incarceration and lack of access to records-circumstances beyond my control. I acted promptly once I obtained necessary documents.
14. Lack of Prejudice: The entity is not prejudiced because all facts are documented in its own records (court orders, jail logs, arrest reports, tow records, and bodycam).
15. Relief Requested: Leave to present a late claim under Gov. Code §911.4 and acceptance of the attached tort claim upon approval.
16. Declaration: I declare under penalty of perjury under the laws of California that the foregoing is true and correct.
1/22 _ 2026
Executed on:
At: San Bernardino, Calitornia
signature y
Printed Name: James Demetrius John Wolanyk
GOVERNMENT TORT CLAIM
Claimant Name: James Demetrius John Wolanyk
Address:
Phone:
Claim Against: City of Rialto / Rialto Police Department Date of Incident: January 23, 2025 through February 3, 2025 Location of Incident: Subway Plaza, Foothill Bivd & Sycamore Ave, Rialto, CA; San Bernardino County Jail
Description of Incident: On January 23, 2025, I was arrested by Rialto Police Department on a warrant dated December 13, 2024 for charges i had already served from August 15, 2024 through October 24, 2024 at Wasco State Prison. My 2002 BMW 525i was legally parked or rivate property at Subway Plaza. A licensed driver and AAA roadside service were available, but officers refused both options and ordered the vehicle towed. On January 24, 2025, the Superior Court of California granted a Penal Code 1385 motion, dismissed all charges, and ordered my immediate release. Despite this order, San Bernardino County Jail failed to release me until February 3, 2025 unlawfully holding me ten extra days. Because of this illegal detention, I could not retrieve my vehicle towing and storage fees reached approximately $3,500, and my vehicle was ultimately lost by auction Injury / Damage Description: Unlawful imprisonment for ten days, emotional distress, loss of liberty, financial harm, loss of transportation, and total loss of my vehicle.
Amount of Claim: $25,000 (or more according to proof)
lames of Employees Involved (if known): Officers of Rialto Police Department; employees or sa ernardino County Jail (names unknowe at this time
Date: _ 1122/26
Signature:
CLAIM PACKET
Plaintiff: James Demetrius John Wolanyk
Current Address:
Phone:
Claims: Unlawful Over-Detention, Civil Rights Violations, Wrongful Tow and Property Loss Defendants: San Bernardino County (Jail), City of Rialto, Rialto Police Department, Does 1-50
Key Dates: Arrest 01/23/2025 • Court Order to Release 01/24/2025 • Actual Release 02/03/2025
I. TIMELINE
• 08/15/2024 - 10/24/2024: Plaintiff served time at Wasco State Prison for charges later used in error to issue a warrant.
• 12/13/2024: Warrant issued in error for charges already served. • 01/23/2025: Arrested by Rialto PD at Subway Plaza (private property) based on invalid warrant; BMW towed
• 01/24/2025: Court grants PC 1385 motion; orders immediate release. • 01/24/2025 - 02/03/2025: Plaintiff unlawfully held 10 additional days. • 02/03/2025: Plaintiff released.
• Tow fees reached ~$3,500; vehicle auctioned due to inability to retrieve.
II. STATEMENT OF FACTS
On January 23, 2025, Plaintiff James Wolanyk was arrested by Rialto Police Department at Subway Plaza, private property in Rialto, CA, based on a warrant for charges he already served from August 15 to October 24, 2024 at Wasco State Prison.
On January 24, 2025, the Superior Court of California granted a Penal Code 1385 motion, dismissed all charges, and ordered Plaintiff immediately released.
Despite this, jail officials failed to release Plaintiff until February 3, 2025, unlawfully holding him 10 extra days.
Plaintiff's 2002 BMW 525i was legally parked on private property. A licensed driver and AAA service were available, but officers refused these options and ordered a tow, causing loss of the vehicle.
III. LEGAL CLAIMS
• False Imprisonment / Over-Detention
Civil Rights Violations (42 U.S.C. §1983)
Wrongful Seizure and Conversion
Negligence
IV. DAMAGES
Unlawful Detention: 10 days x $1,000-$3,000/day = $10,000-$30,000 Vehicle Loss: Estimated $4,500-$6,500
Emotional and Financial Harm: $3,000$10,000
Conservative Demand: $20,000; Strong Settlement Range: $25,000-$40,000+ V. WHERE TO FILE
Government Claim / Late Claim:
• San Bernardino County Risk Management, 385 N. Arrowhead Ave, San Bernardino, CA 92415
• City of Rialto, 150 S. Palm Ave, Rialto, CA 92376
Civil Case After Denial: San Bernardino County Superior Court - Civil Division Federal Civil Rights Case: U.S. District Court, Central District of California - Riverside Division
DECLARATION OF JAMES DEMETRIUS JOHN
WOLANYK
1, James Demetrius John Wolanyk, declare:
1. 1 am the owner of a 2002 BMW 525i, , Califomia license plate 4VMH284.
2. On January 23, 2025, I was arrested by officers of the Rialto Police Department at Subway Plaza in Rialto, California.
3. My vehicle was legally parked on private property and was not a hazard.
4. A licensed driver and AAA roadside service were available, but officers refused both options.
5. Officers ordered my vehicle to be towed. I was never given tow papers or impound notice.
6. My vehicle was taken by Pepe's Towing at the direction of Rialto Police Department.
7. I was ordered released by court on January 24, 2025 but held until February 3, 2025.
8. Because of this illegal detention I could not retrieve my vehicle.
9. Fees reached about $3,500 and the vehicle was lost by auction.
I declare under penalty of perjury under the laws of California that this is true.
Executed on: 1/22/26 20zo At: San Bemardino, Calfomia
Signature: - James Demetrius John Wolanyk
EXHIBITS - PART 1
Images supporting licensed driver availability, VIN, and vehicle condition.
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
Rancho Cucamonga District
8303 Haven Avenue
Rancho Cucamonga, CA 91730
www.sb-court.org
PORTAL MINUTE ORDER
Case Number: MSB24012513 Date: 1/24/2025
Case Title: People of the State of California vs. JAMES DEMETRIUSJOHN WOLANYK Videos - Rancho Cucamonga Date: 1/24/2025 Time: 10:30 AM Video Arraignment Charges: HS11364(A)-M, VC14601.1(A)-M, VC22350-I, VC16028(A)-1 Commissioner: Arthur Benner II
Judicial Assistant: Mary Murawa
Court Reporter: Teresa Borje CSR# 11383
Bailiff: D Woolley
Minutes updated by Veronica Holler
Appearances
District Attorney Leonard Chang present
Public Defender Harry Gobrecht present
Defendant present in custody- present in County Jail (via video) Attorney Information
Public Defender Appointed
Proceedings
Defendant Arraigned on Complaint
Defendant Advised of Rights
Motion
Motion Court's PC1385 Motion GRANTED
Dismissal
As to Count 001. HS11364(A)-M: Possess Controlled Substance-Instrument/Paraphemalia, a Disposition of Dismissal/Stricken - PC1385 Interest of Justice is entered As to Count 002. VC14601.1(A)-M: Drive While License Suspended/Revoked, a Disposition of Dismissal/Stricken - PC1385 Interest of Justice is entered.
As to Count 003. VC22350-l: Speeding - Max Speed Limit, a Disposition of Dismissal/Stricken - PC1385 Interest of As to Count 004. VC16028(a)-l: No Evidence of Financial Responsibility/Vehicle, a Disposition of Dismissal/Stricken - PC1385 Interest of Justice is entered.
Custody Status
Defendant released from custody- Case Dismissed
== Minute Order Complete ==
Court Access Portal
Superior Court of California - County of San Bernardino Case Summary (MSB24012513) 01/17/2026 06:21:42
MSB24012513
The People of the State of California
JAMES DEMETRIUSJOHN WOLANYK
Case Information Case Flags
Case Type: Misdemeanor
Case Number: MSB24012513
Citation Number:
Filing Date: 10/4/2024
Case Status: Closed
Court Location: San Bernardino
Judicial Officer: Steve C Malone
Next Hearing:
Demographic Information Address
Date of Birth Street Name:
Race: City:
Sex: State:
Height: #Error Zip:
Weight:
Hair Color:
Eye Color:
DL#:
FBI #:
State ID:
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Superior Court of California - County of San Bernardino Case Summary (MSB24012513) 01/17/2026 06:21:42
Alias(s) / Nickname(s)
JAMES WOLANK
JAMES DEMETRUIS WOLANYK
WOLANYK, JAMES D
WOLANYK, JAMES DEMETRIUSJOHN
Cross Reference
Parties
Type Name Status
Plaintiff The People of the State of California Active
Defendant WOLANYK, JAMES DEMETRIUSJOHN Active
JAMES WOLANK
JAMES DEMETRUIS WOLANYK
WOLANYK, JAMES D
Attorneys
Representing Name
JAMES DEMETRIUSJOHN WOLANYK Public Defender
Events
File Date File Type Filed By
1/24/2025 Defendant Arraigned on Complaint
1/24/2025 Waiver of Personal Presence
1/24/2025 Defendant released from custody-
Case Dismissed
1/24/2025 Defendant Advised of Rights
1/24/2025 Motion
Comment: Court's PC1385 Motion GRANTED
10/4/2024 Amended Citation Notice Attached
To Citation.
10/4/2024 Sesslin Affidavit filed
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Superior Court of California - County of San Bernardino Case Summary (MSB24012513) 01/17/2026 06:21:42
Hearings
Department Judge Court Reporter Type Date Time Result
Videos - Lough, Michael Kappos Video Arraignment 1/24/2025 10:30AM Held Rancho CSR#14246,
Cucamonga Whitney
Department Agron, Joel Reported or Arraignment: 12/10/2024 8:30AM Failed to Appear 560 - Outdoor Recorded, Not amended cite/sess
Court
Arrest Information
Count Statute Report Num Agency Arrest Date Booking Num Booking Agency Jurisdiction 3 of 5
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Superior Court of California - County of San Bernardino Case Summary (MSB24012513) 01/17/2026 06:21:42
Charges Disposition & PLEAS
Count Date Details Citation # Jurisdiction
001 5/14/2024 HS11364(A)-M: Possess Controlled Substance-- Redlands Instrument/Paraphernalia
Plea:
Dispositions:
Date Disposition
1/24/2025 Dismissal/Stricken - PC1385 Interest of Justice 002 5/14/2024 VC14601.1(A)-M: Drive While License Suspended/Revoked Redlands Plea:
Dispositions:
Date Disposition
1/24/2025 Dismissal/Stricken - PC1385 Interest of Justice 003 5/14/2024 VC22350-I: Speeding - Max Speed Limit Redlands Plea:
Dispositions:
Date Disposition
1/24/2025 Dismissal/Stricken - PC1385 Interest of Justice 004 5/14/2024 VC16028(a)-l: No Evidence of Financial Redlands Responsibility /ehicle
Plea:
Dispositions:
Date Disposition
1/24/2025 Dismissal/Stricken - PC1385 Interest of Justice Financial Transactions
Total $0.00 Total Balance: $0.00
Date Charges Payments Credits
Total $0.00 $0.00 $0.00
•
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Superior Court of California - County of San Bernardino Case Summary (MSB24012513) 01/17/2026 06:21:42
Bonds
Type Description Posted Date Set Date Amount
Related Cases
Case Number Case Type Case SubType Description Comments 5 of 5