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Home My WebLink About2024-12-04 Gottwald Dane - 947From:Allison Shepard To:Victor Wear Cc:Michael Sargent; Damian Olivares; Angel Cummings; Robert Jackson; Patrice Lever; Caroline Lyons Subject:RE: New assignment- CJP-3052956- Dane Gottwald v PALM DESERT Date:Wednesday, May 28, 2025 11:19:51 AM Thank you Victor. Allison Shepard Senior Claims Examinerashepard@carlwarren.comTel: (818) 265-6723 Carl Warren & Company LLC | A Venbrook CompanyCA Entity License No: 2607296www.carlwarren.com Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of theindividual or entity to which it is addressed, and may contain information that is confidential,proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified have received this email in error, please delete it from your system and advise the sender immediately.Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, orfacsimile until confirmed in writing by an authorized representative of this office. We accept noliability for any damage caused by any virus transmitted by this email. It is your responsibility tocheck this email (including any attachments) for viruses. From: Victor Wear <VWear@gravesandking.com> Sent: Wednesday, May 28, 2025 10:50 AM To: Allison Shepard <ashepard@carlwarren.com> Cc: Michael Sargent <MDSargent@gravesandking.com>; Damian Olivares <dolivares@palmdesert.gov>; Angel Cummings <ACummings@gravesandking.com>; Robert Jackson <rjackson@gravesandking.com>; Patrice Lever <PGLever@gravesandking.com>; Caroline Lyons <clyons@gravesandking.com> Subject: RE: New assignment- CJP-3052956- Dane Gottwald v PALM DESERT Hi Allison: We have cleared conflicts and can confirm this assignment. We will be in touch regarding next steps. Thank you! www.gravesandking.com CONFIDENTIALITY NOTICE: This email message and any attachments are for the sole use of the intended recipient. This message may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. Any unauthorized use, review, retention, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, or if you have received this communication in error, please notify us immediately and permanently destroy the original message and any copies along with any attachments. From: Allison Shepard <ashepard@carlwarren.com> Sent: Tuesday, May 27, 2025 3:50 PM To: Victor Wear <VWear@gravesandking.com> Cc: Michael Sargent <MDSargent@gravesandking.com>; Damian Olivares <dolivares@palmdesert.gov> Subject: RE: New assignment- CJP-3052956- Dane Gottwald v PALM DESERT Thank you Victor. Hope you all are having a great week as well. Allison Shepard Senior Claims Examinerashepard@carlwarren.com Tel: (818) 265-6723 Carl Warren & Company LLC | A Venbrook CompanyCA Entity License No: 2607296 www.carlwarren.com Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Victor Wear <VWear@gravesandking.com> Sent: Tuesday, May 27, 2025 3:45 PM To: Allison Shepard <ashepard@carlwarren.com> Cc: Michael Sargent <MDSargent@gravesandking.com>; Damian Olivares <dolivares@palmdesert.gov> Subject: RE: New assignment- CJP-3052956- Dane Gottwald v PALM DESERT Thank you for your email, Allison. We will run a conflicts search and confirm this assignment asap. We hope your week is off to a great start! www.gravesandking.com CONFIDENTIALITY NOTICE: This email message and any attachments are for the sole use of the intended recipient. This message may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. Any unauthorized use, review, retention, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, or if you have received this communication in error, please notify us immediately and permanently destroy the original message and any copies along with any attachments. From: Allison Shepard <ashepard@carlwarren.com> Sent: Tuesday, May 27, 2025 2:50 PM To: Victor Wear <VWear@gravesandking.com> Cc: Michael Sargent <MDSargent@gravesandking.com>; Damian Olivares <dolivares@palmdesert.gov> Subject: New assignment- CJP-3052956- Dane Gottwald v PALM DESERT Hello, Here is a new assignment for your office to handle. Please provide a defense for the City of Palm Desert. I have attached the file notes, complaint for your review and claim documents. Please send me your lit plan & budget within the next 30 days. In the meantime, let me know if you need anything else from me. Looking forward to working with you on this file. Allison Shepard Senior Claims Examiner ashepard@carlwarren.com Tel: (818) 265-6723 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From:Allison Shepard To:Victor Wear Cc:Michael Sargent; Damian Olivares Subject:RE: New assignment- CJP-3052956- Dane Gottwald v PALM DESERT Date:Tuesday, May 27, 2025 3:49:54 PM Thank you Victor. Hope you all are having a great week as well. Allison Shepard Senior Claims Examinerashepard@carlwarren.comTel: (818) 265-6723 Carl Warren & Company LLC | A Venbrook CompanyCA Entity License No: 2607296www.carlwarren.com Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of theindividual or entity to which it is addressed, and may contain information that is confidential,proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified have received this email in error, please delete it from your system and advise the sender immediately.Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, orfacsimile until confirmed in writing by an authorized representative of this office. We accept noliability for any damage caused by any virus transmitted by this email. It is your responsibility tocheck this email (including any attachments) for viruses. From: Victor Wear <VWear@gravesandking.com> Sent: Tuesday, May 27, 2025 3:45 PM To: Allison Shepard <ashepard@carlwarren.com> Cc: Michael Sargent <MDSargent@gravesandking.com>; Damian Olivares <dolivares@palmdesert.gov> Subject: RE: New assignment- CJP-3052956- Dane Gottwald v PALM DESERT Thank you for your email, Allison. We will run a conflicts search and confirm this assignment asap. We hope your week is off to a great start! www.gravesandking.com CONFIDENTIALITY NOTICE: This email message and any attachments are for the sole use of the intended recipient. This message may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. Any unauthorized use, review, retention, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, or if you have received this communication in error, please notify us immediately and permanently destroy the original message and any copies along with any attachments. From: Allison Shepard <ashepard@carlwarren.com> Sent: Tuesday, May 27, 2025 2:50 PM To: Victor Wear <VWear@gravesandking.com> Cc: Michael Sargent <MDSargent@gravesandking.com>; Damian Olivares <dolivares@palmdesert.gov> Subject: New assignment- CJP-3052956- Dane Gottwald v PALM DESERT Hello, Here is a new assignment for your office to handle. Please provide a defense for the City of Palm Desert. I have attached the file notes, complaint for your review and claim documents. Please send me your lit plan & budget within the next 30 days. In the meantime, let me know if you need anything else from me. Looking forward to working with you on this file. Allison Shepard Senior Claims Examiner ashepard@carlwarren.com Tel: (818) 265-6723 Carl Warren & Company, LLC CA Entity License No: 2607296www.carlwarren.com Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From:Tim Varon To:Damian Olivares Cc:Glen Raphael Subject:FW: Closing Report RE: CJP-3052956 - Dane Gottwald - PALM DESERT Date:Thursday, May 22, 2025 4:39:05 PM Attachments:june2025coffeewiththemayor_463f4a6e-3614-41ed-9682-ce59a3688010.pngSummons - Case No. CVPS2503166; Gottwald v. City of Palm Desert.msg Summons - Dane Gottwald - CVPS25803166.pdf Hi Damian, I just wanted to let you know that we have received the attached lawsuit and that the file is currently under review for assessment to Defense Counsel. Once we have confirmation about which Defense Counsel is assigned we will let you know accordingly. Have a great day! Tim Tim VaronClaims Supervisor TVaron@carlwarren.comTel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company, LLCCA Entity License No: 2607296www.carlwarren.com175 N Riverview Drive, Unit A, Anaheim, California, 92808 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of theindividual or entity to which it is addressed, and may contain information that is confidential,proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notifiedthat any use, dissemination, distribution, or copying of this communication is strictly prohibited. If youhave received this email in error, please delete it from your system and advise the sender immediately.Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, orfacsimile until confirmed in writing by an authorized representative of this office. We accept noliability for any damage caused by any virus transmitted by this email. It is your responsibility tocheck this email (including any attachments) for viruses. From: Damian Olivares <dolivares@palmdesert.gov> Sent: Thursday, May 22, 2025 1:59 PM To: Glen Raphael <GRaphael@carlwarren.com> Cc: Tim Varon <TVaron@carlwarren.com> Subject: RE: Closing Report RE: CJP-3052956 - Dane Gottwald - PALM DESERT Good afternoon - We received a summons today and Friday for this claim. Let me know if you need any additional information. Damian Olivares Senior Deputy Clerk City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 dolivares@palmdesert.gov | 760.776.6334 | www.palmdesert.gov From: Glen Raphael <GRaphael@carlwarren.com> Sent: Wednesday, March 19, 2025 11:56 AM To: Damian Olivares <dolivares@palmdesert.gov> Cc: Tim Varon <TVaron@carlwarren.com> Subject: Closing Report RE: CJP-3052956 - Dane Gottwald - PALM DESERT Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Good Morning, I will be closing this file, attached is a copy of the rejection. Closing Report Date, Time, Location: 7/28/2024. 2:45pm. behind 73745 Shadow Lakes Drive, Palm Desert Claimant(s): Dane Gottwald Attorney: Walter Clark Legal Group Event: Claimant was riding his scooter down a pathway (storm gutter/drainage system) behind 73745 Shadow Lakes Dr and struck an “unmarked curb/elevated piece of concrete in the pathway” and sustained injuries. Claimant alleges The unmarked curb/elevated piece of concrete was approximately 3 ½ inches high, 6 inches wide, and 60 inches long, extending across over half of the walkway, as the walkway is approximately 116 inches wide. Liability Review: Favorable. The “condition” is open and obvious, and the gutter was being used for an unintended purpose. Additionally, if the cross gutter meets the standard then the provided plans suggest a design immunity defense is viable. An adverse argument is the there was no signage around the gutter. Current Status: Closing file. If we get a lawsuit before the statute runs, we can reopen the file and defend it. Glen Raphael Senior Claims ExaminerGRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook CompanyCA Entity License No: 2607296 www.carlwarren.com 175 N Riverview Drive, Unit A, Anaheim, California, 92808 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of theindividual or entity to which it is addressed, and may contain information that is confidential,proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified have received this email in error, please delete it from your system and advise the sender immediately.Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, orfacsimile until confirmed in writing by an authorized representative of this office. We accept noliability for any damage caused by any virus transmitted by this email. It is your responsibility tocheck this email (including any attachments) for viruses. From: Glen Raphael <GRaphael@carlwarren.com> Sent: Monday, March 10, 2025 5:30 PM To: Damian Oliares (dolivares@palmdesert.gov) <dolivares@palmdesert.gov> Cc: Tim Varon <TVaron@carlwarren.com> Subject: CJP-3052956 - Dane Gottwald - PALM DESERT Good evening, No developments to report at this time as the claimant’s attorney has been unresponsive. Tim, I recommend we reject the claim at this time based on the favorable arguments at present. Please advise DIARY REVIEW Date, Time, Location: 7/28/2024. 2:45pm. behind 73745 Shadow Lakes Drive, Palm Desert, Event: Claimant was riding his scooter down a pathway (storm gutter/drainage system) behind 73745 Shadow Lakes Dr and struck an “unmarked curb/elevated piece of concrete in the pathway” and sustained injuries. Claimant alleges The unmarked curb/elevated piece of concrete was approximately 3 ½ inches high, 6 inches wide, and 60 inches long, extending across over half of the walkway, as the walkway is approximately 116 inches wide. Claimant: Dane Gottwald Attorney: Walter Clark Legal Group Statute of Limitations: 7/28/2026 Action plan items from last review and status: City responses confirmed: · The channel is City owns and maintains and No other entities control this location. · There is no history of complaints per the Public Works Department and City Clerk Office · Signed, as-built plans received, documenting the “cross gutter” per county of riverside standard 3209 12/13/24 a scene investigation was completed: · The gutter is approximately 197 feet long from a security fence that goes across it to the large drain where the water in the gutter is being directed. The storm gutter does continue under the wrought iron fence into a gated community. · Approximately 72 feet from the drain/street, there is a 5-foot-long raised curb that is 6 inches wide and 3.5 inches high. The curb appears to be in place to divert water to the west side of the storm gutter, so it travels into the drain and not the street. The storm gutter is 9 feet 7 inches wide along its entire route. · There is no signage around the gutter. The gutter is not a “pathway” and ends at the fence to its south. The gutter leads to nowhere and could not be used as a path to anywhere. To the west of the gutter is wrought iron fence and to the east of the gutter is the side yard of 73745 Shadow Lakes Dr., Palm Desert, CA 92260. The storm gutter opens to the street on the north end. Coverage: Confirmed under the MOC Liability Review: Favorable. The “condition” is open and obvious, and the gutter was being used for an unintended purpose. Additionally, if the cross gutter meets the standard then the provided plans suggest a design immunity defense is viable. An adverse argument is the there was no signage around the gutter. Damages Review – Property Damage: Injuries: Unspecified injuries Treatment: Unknown at present Submitted Medical Bills: None Considered: Unknown at present Residuals: Unknown at present Loss of Earnings Alleged: Unknown at present Medicare Eligible: Unknown at present, index information not included Reserve Review: $50,000.00 Updated Action Plan: Pending response from claimant’s attorney to obtain a statement, confirm the claimant’s date of birth, injury diagnosis, and status of treatment. · Index the Claimant in the ISO system. · Once fact development is complete, assess liability and resolve any exposures accordingly Subrogation Referral: n/a Glen Raphael Senior Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com 175 N Riverview Drive, Unit A, Anaheim, California, 92808 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. Electronicallv FILED by Superior Court of California, Countr of Riverside on 04f28f2025 12:14 PM Case Number CVPS2603166 000012?205953 - Jason B. Galkin, Executive OfficerfCierk of the Court By Angela Skelton, Cierk SUM-100 SUMMONS (CITACION JUDICIAL) NOTICE TO DEFENDANT: CITY OF PALM DESERT, a public (AVISO AL DEMANDADO): entity; and DOES 1 to 25, inclusive. YOU ARE BEING SUED BY PLAINTIFF: DANE GOTTWALD. (LO ESTA DEMANDANDO EL DEMANDANTE): FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE) m HAY 22 AH 10: 08 NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the Information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form If you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more Information at the California Courts Online Self-Help Center {www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal senrlces from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifomia.org), the California Courts Online Self-Help Center {www.courhnfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more In a civil case. The court's lien must be paid before the court will dismiss the case. ;AVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escucharsu versidn. Lea la informacidn a continuaddn. Tiene 30 DIAS DE CALENDARIO despuds de que le entreguen esta citaddn y papeles legates para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una ilamada teiefdnica no io protegen. Su respuesta por escrito tiene que estar en formate legal correcto si desea que procesen su caso en la corte. Es posibie que haya un formulario que usted pueda usarpara su respuesta. Puede encontrar estos formuiarios de la corte y mds informaddn en el Centre de Ayuda de las Cortes de California (Www.sucorte.ca.govj, en la biblloteca de leyes de su condado o en la corte que le quede mds cerca. SI no puede pagaria cuota de presentaddn, pida al secretario de la corte que le dd un formulario de exenddn de page de cuotas. SI no presenta su respuesta a tiempo, puede perder el caso por Incumpllmlento y la corte le podrd quitar su sueldo, dinero y bienes sin mds advertencla. Hay otros requisites legates. Es recomendable que llame a un abogado inmedlatamente. SI no conoce a un abogado, puede llamar a un servlcio de remlsldn a abogados. Si no puede pagara un abogado, es poslble que cumpla con los requlsltos para obtener servlclos legates gratultos de un programs de servlclos legates sin fines de lucre. Puede encontrar estos grupos sin fines de lucre en el sitio web de California Legal Services, (Www.lawhelpcallfornla.orgj, en el Centre de Ayuda de las Cortes de Callfomla, (Www.sucorte.ca.govj o ponldndose en contacto con la corte o el coleglo de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamarlas cuotas y los costos exentos porlmponer un gravamen sobre cualquler recuperacldn de $10,000 6 mris de valor reclblda medlante un acuerdo o una concesldn de arbltraje en un caso de derecho dvH. Tiene que pagarel gravamen de la corte antes de que la corte pueda desecharel caso. CASE NUMBER: (NOmero del Caso): OVF^S25a31 B6 The name and address of the court is: (El nombre y direccion de la corte es): Suoerior Court of California. Countv of Riverside3255 £. Tahquitz Canyon Way Palm Springs, California 92262 The name, address, and telephone number of plaintilTs attorney, or plaintiff without an attorney, is: Dan C. Bolton (El nombre, la direccion y el numero de telefono del abogado del demandante, o del demandante que no tiene abogado, es): Walter Clark Legal Group 71-861 Highway 111, Rancho Mirage, CA 92270 (760) 862-9254 DATE: Clerk, by - - - ' °«P^ty 04/28/2025 A(Fecha)(Secretario). Skelton (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citatldn use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: You are served 1. I I as an individual defendant. 2. I I as the person sued under the fictitious name of (specify): 3.1%] on behalf of (specify):City of Palm Desert, a public entity GC681 5Q(g) under: 1 I □ !!□I ^ other (specify):C.C.P. 416.50: Public entity by personal delivery on (date): COP 416.10 (corporation) COP 416.20 (defunct corporation) COP 416.40 (association or partnership) COP 416.60 (minor) COP 416.70 (conservatee) COP 416.90 (authorized person) 4. □□ qe 1 Of 1 Form Adopted for Mandatory Use Judicial Council of California SUM-100 [Rev. July 1, 2009] SUMMONS Code of Civil Procedure §§ 412.20, 465yvww.courtinfo. ca. gov Wesllaw Ooc & Porm Builder- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Electronically FILED by Superior Court of California, County of Riverside on 04/28/2025 12.14 PM Case Number CVPS2503166 0G00127205952 - Jason B Calkin, Executive Olficer/Clerk of the Court By Angela Skelton, Clerk Walter T. Clark (SBN 53303) Dan C. Bolton (SBN 104236) dbolton@walterclark. com WALTER CLARK LEGAL GROUP A Professional Corporation 71-861 Hwy 111 Rancho Mirage, CA 92270 Tel: (760) 862-9254 Fax:(760)862-1121 Attorneys for Plaintiff, DANE GOTTWALD SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE DANE GOTTWALD, Plaintiff, vs. CITY OF PALM DESERT, a public entity; and DOES 1 to 25, inclusive. Defendants. CASE NO.: ov P" s o 3ri 0 e COMPLAINT FOR DAMAGES 1. DANGEROUS CONDITION ON PUBLIC PROPERTY 2. NEGLIGENCE COMES NOW, Plaintiff DANE GOTTWALD, who files his Complaint against CITY OF PALM DESERT, a public entity, and DOES 1 to 25, inclusive, and alleges the following: FACTUAL BACKGROUND 1. On July 28, 2024, and prior thereto. Defendants owned, managed, maintained, operated, repaired, directed, leased and/or controlled the pathway, behind 73745 Shadow Lakes Drive, Palm Desert, Califomia, and behind 73721 Club Circle Drive, Palm Desert, California (hereafter "Premises"). 2. On or about, July 28, 2024, and prior thereto, the Premises were in a dangerous condition, that created a substantial risk of the type of injury hereinafter alleged, when the property was used with due care, ima manner which was reasonably foreseeable that it would be used, in that there was an unmarked curb/elevated piece of concrete in the pathway. The 1 rOMPT .ATNT FOR OAMAOFS 1 2 3' 4 5 6 7 8 9 10 11 .12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 unmarked curb/elevated piece of concrete was approximately 3 Vz inches high, 6 inches wide, and 60 inches long, extending across over half of the walkway, as the walkway is approximately 116 inches wide. The unmarked curb/elevated piece Of cement was not readily apparent to pedestrians using the pathway in a reasonable and foreseeable manner. 3. As a result of Defendants' failure to remedy, repair, and/or warn of the dangerous condition. Plaintiff, DAN GOTTWALD was hurt and injured to his health, strength and activity, sustained injury to his body and/or shock to his nervous system and/or person, as well as possible emotional distress, all of which haye caused him, and/or continue to cause him, physical pain and/or suffering. : , , I PARTIES. JURISDICTION AND VENUE 4. Plaintiff is, and at all times mentioned in this complaint was, a resident of Riverside County, California. 5. Defendant, CITY OF PALM, DESERT, is a public entity with its principal place of business located at 73510 Fred Waring Drive, City of Palm Desert, County of Riverside, California. 6. The true names or capacities, whether individual, corporate, partnership, joint I venture, or otherwise of Defendants DOES 1 through 25, inclusive, are unknown to Plaintiff, who therefore sues these Defendants by such fictitious names. 7. Each of the Defendants named as a DOE is legally responsible in some manner for the events and happenings herein referred to and legally caused injury and damage to Plaintiff, as alleged in this complaint. Plaintiff prays leave to amend this complaint when their true names have been ascertained. 8. At all times mentioned in this complaint. Defendants, and each of them, were the agents and/or employees and/or independent contractors and/or partners and/or joint ventures of j the remaining Defendants. They were at all times acting within the purpose and scope of that agency, employment, contract, partnership, and/or joint venture. 9. Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned in this complaint, certain of the Defendant DOES are the successors in interest to each 2 rOMPT ArMTFOR nAMAGRS 1 2 3 4 5 6 7 8 ,9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the remaining Defendants and, on that basis, are liable for any act or omission of said ' , •' • i I Defendants alleged in this complaint. 10. Plaintiff was required to, and did, comply with the government claims statute. Plaintiff served a government claim with the City of Palm Desert on or about December 4, 2024. The claim was rejected by operation of law on January 18, 2025. On March 18, 2025, the claim was also rejected in writing by the City of Palm Desert. This action is timely filed within six months of the rejection of the government claim. 11. - All Defendants are subject to the jurisdiction of the Court and venue is proper in Riverside County Superior Court because one or more of the Defendants reside in the County of I . . ^ Riverside, conduct business in the County of Riverside, are subject to personal jurisdiction of this Court, and the injury and damage to Plaintiff occurred in the County of Riverside. FIRST CAUSE OF ACTION Dangerous Condition of Public Property (Against Defendants CITY OF PALM DESERT and DOES 1 to 25) / 12. Plaintiff realleges and incorporates the above allegations of this Complaint as if fully set forth herein. 13. On July 28, 2024, and prior thereto. Defendants owned, managed, maintained, operated, repaired, directed, leased and/or controlled the pathway, behind 73745 Shadow Lakes I Drive, Palm Desert, California, and behind 73721 Club Circle Drive, Palm Desert, California (hereafter "Premises"). 14. Defendant CITY OF PALM DESERT and DOES, 1 to 25, and their respective agents, employees, and/or independent contractors had a duty to maintain the Premises in a reasonably safe condition. 15. On or about, July 28, 2024, and pi^ior thereto, the Premises were in a dangerous condition, that created a substantial risk.of the type of injury hereinafter alleged, when the property was used with due care, in a manner which was reasonably foreseeable that it would be used, in that there was an unmarked curb/elevated piece of concrete in the pathway. The unmarked curb/elevated piece of concrete was approximately 3 Vi inches high, 6 inches wide, and 3 rOMPT ATNT FOR OAMAOFS 1 2 3 I 4 5 6 7 , 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 60 inches long, extending across over half of the walkway, as the walkway is approximately 116 inches wide. The unmarked curb/elevated piece of cement was not readily apparent to pedestrians using the pathway in a reasonable and foreseeable manner. 16. The dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred. 17. The negligent and wrongful conduct of Defendants' employees, agents, independent contractors, and subcontractors, acting within the course and scope of their employment, created the dangerous condition, including failing to warn of, and/or prevent, and/or correct the dangerous condition, by failing to erect adequate warning signs and/or devices to protect the public and pedestrians and to prevent injury to the public and pedestrians, including Plaintiff herein. 18. Moreover, Defendants CITY OF PALM DESERT and DOES 1 to 25, their employees, agents, and/or independent contractors and subcontractors, had sufficient notice of the dangerous condition such that they could have eliminated it, protected against it, and/or warned the general public using the Premises about it. 19. Defendants CITY OF PALM DESERT and DOES 1 to 25 could have discovered the dangerous condition through a reasonable inspection system. Defendants had the financial means and ability to employ a reasonable inspection system to identify dangerous conditions such as the one on the Premises by which Plaintiff was injured. 20. Plaintiff was injured as a result of the dangerous condition. 21. It would not have been difficult for Defendants to eliminate the dangerous condition, to protect Plaintiff against the dangerous condition, and/or to warn Plaintiff of the dangerous condition. 22. Defendants had the authority, funds, and means necessary to immediately take measures to repair the dangerous condition, to protect Plaintiff against the dangerous condition, to warn Plaintiff of the dangerous condition, or to remove/remedy the dangerous condition. 23. Defendants knew or should have known of the dangerous condition. 24. Defendants had actual and/or constructive notice of the dangerous condition since • - 4 , rrvA/TDT ArMT crM? r»A\/rAnT7C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 its subject employees and/or agents and/or an independent contractor(s) created the dangerous condition, and/or allowed the condition to exist for such a period of time that Defendants, in the exercise of due care, should have discovered the condition and its dangerous character. 25. An employee, agent, and/or independent contractor's knowledge of a dangerous condition is imputed to his/her employer. i 26. A public entity knows of a dangerous condition if an employee, agent, independent contractor, and/or subcontractor knows of the condition and reasonably should have informed the entity about it. , 27. The dangerous condition was a substantial factor in causing Plaintiffs harm. 28. Defendants are liable for Plaintiffs injuries proximately caused by a tortious act or omission of an employee, agent, and/or independent contractor of the public entity to the same extent that the public entity would be subject to such liability if it were a private person, pursuant to Government Code § § 815.2 and 815.4. 29. Applicable Government Code sections include, but are not limited to, §§835, 830(a), 840.2, 820(a), 815.2(a), 815.4, 835.2, and 840.4. 30. As a direct and legal result of Defendants' acts and/or omissions, and/or Defendants employees' act and/or omission and/or Defendants independent contractors' acts and/or omission, which caused a dangerous condition on public property, as heretofore described. Plaintiff was injured while using the Premises in a reasonably foreseeable manner. 31. As a direct and result of the negligence, carelessness, recklessness, and unlawfulness of Defendants, and/or their employees, and/or agents^ and/or subcontractors and/or independent contractors. Plaintiff was injured. The injuries sustained by Plaintiff have impaired his health, strength, and/or activity and have thereby caused, and/or continue to cause, his physical pain and suffering. Plaintiff is informed and believes, and thereon alleges, that said injuries may result in some disability to him, all to his damages in an amount according fo proof. 32. As a direct and legal result of the negligence by Defendants' employees, agents, independent contractors and/or subcontractors. Plaintiff was required to, and/or did employ, and/or continues to employ, physicians and others for medical care of said injuries, and he did 5 rOMPT ATTsfT FOR DAMAOFS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 incur medical and/or incidental expenses in an amount according to proof. 33. Plaintiff is informed and believes, and thereon alleges, that he may incur further medical and/or incidental expenses for the care and/or treatment of said injuries, the amount of which is unknown at this time, all to his further damages in an ainount according to proof. 34. As a direct and legal result of the wrongful acts and/or omissions of Defendants, and each of them. Plaintiff was prevented from performing his usual occupation, or any occupation whatsoever, or has otherwise suffered a reduction in his capacity to work, and as a result has been damaged in an amount according to proof. Plaintiff is informed and believes and, on such information and belief alleges that by reason of said carelessness and negligence of Defendants, and each of them. Plaintiff will, in the future, be prevented from attending to his usual occupation for an undetermined period of time, or will continue to have a reduced capacity to earn income, all to his further damage in an amount according to proof. SECOND CAUSE OF ACTION Negligence, including Negligence of a Public Employee under Govt. Code §§815.2 and 815.4 (Against CITY OF PALM DESERT and DOES 1 to 25) 35. Plaintiff realleges and incorporates the above allegations of this Complaint as if fully set forth herein. 36. On July 28, 2024, the Premises was owned, controlled, managed, overseen, supervised, approved, and/or maintained by Defendants and/or their employees and/or agents and/or independent contractors. 37. Defendants and/or their employees and/or agents and/or independent contractors had a duty to maintain the PREMISES in a reasonably safe condition. 38. Defendants and/or their employees and/or agents and/or independent contractors breached this duty by negligently constructing, approving, owning, controlling, possessing, leasing, modifying, managing, overseeing, and/or maintaining an existing hazard alleged herein on the Premises, and failing to take adequate measures to correct, repair, protect against, warn of, and/of identify the hazard on the Premises. r'n\/rPT a tmt T7m? n a aa a nv; q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ,18 19 20 21 22 23 24 25 26 27 28 39. Defendants are vicariously liable for the tortious actions and/or omissions of their employees, agents, independent contractors, and subcontractors pursuant to Government Code §§ 815.2 and/or 815.4 and/or the doctrine of Respondeat Superior. 40. Under the doctrine of nondelegable duty. Defendants cannot escape liability for failure to maintain the Premises in a safe conditipn by delegating the duty to an independent contractor. 41. On July 28, 2024, and prior thereto, the Premises was in a dangerous condition at the time Plaintiff was injured. 42. . The dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred. 43. The negligent and wrongful conduct of Defendants and/or their subj ect employees and/or their independent contractors and/or subcontractors acting within the course and scope of their employment created the dangerous condition. 44. The Defendants and/or their employees and/or agents and/or their independent contractors and/or their subcontractors had sufficient notice of the hazardous condition such that they could have repaired it, eliminated it, protected against it, and/or warned the general public using the Premises about it. 45. Defendants and/pr their employees and/or agents and/or their independent contractors and/or subcontractors could have discovered the hazardous condition through a reasonable inspection. Defendants had the financial means and ability to employ a reasonable inspection system to identify hazardous conditions such as the one on the Premises by which Plaintiff was injured. 46. Plaintiff was injured as a result of the hazardous condition. 47. It would not have been difficult for Defendants and/or their employees and/or agents and/or their independent contractors and/or subcontractors to repair the hazardous condition, to eliminate the hazardous condition, to protect Plaintiff against the hazardous condition and/or to warn Plaintiff of the hazardous condition. I 48. Defendants and/or their employees and/or agents and/or their independent 7 , f n r'rkA/TDT ATXTTCrM? r^AlV/fAnCQ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 contractors and/or subcontractors had the authority, funds, and means necessary to immediately take measures to repair the hazardous condition, to eliminate the hazardous condition, to protect Plaintiff against the hazardous condition, to warn Plaintiff of the hazardous condition, and/or to remove the hazardous condition. 49. Defendants and/or their employees and/or agents and/or their independent contractors and/or subcontractors knew or should have known of the hazardous condition. 50. Defendants and/or their employees and/or agents and/or their independent contractors and/or subcontractors had actual and/or constructive notice of the hazardous condition since they created the hazardous condition, and the condition existed for such a period of time that, in the exercise of due care. Defendants should have discovered the condition and its hazardous character. 51. An employee, agent, independent contractor, and/or subcontractor's knowledge of a hazardous condition is imputed to his/her employer: 52. The dangerous condition was a substantial factor in causing Plaintiff s harm. 53. As a direct and legal result of Defendants' employees and/or agents and/or independent contractors and/or subcontractors' failure to adequately own, supervise, approve, maintain, oversee, inspect, and control the Premises in a reasonably safe manner, thereby causing and permitting a hazardous condition to remain thereon, as heretofore described. Plaintiff was injured while using the Premises in a reasonably foreseeable marmer. 54. As a direct and legal result of the negligence, carelessness, recklessness, and unlawfulness of Defendants' employees, agents, independent contractors, and/or subcontractors. Plaintiff was hurt and injured to his health, strength and activity, sustaining injury to his body and shock to his nervous systems, as well as mental and emotional distress, all of which said injuries have caused and continue to cause him great mental and physical pain and suffering. Plaintiff is informed and belieyes, and thereon allege, that said injuries will result in some permanent disability. 55. As a direct and legal result of the negligence by Defendants' employees, agents, independent contractors and/or subcontractors. Plaintiff was caused to, and continues to, seek r'rkA/TDT ArXTT'TjrkD TAAA/fAnCC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 treatment with health care providers for the injuries sustained from the dangerous condition of the Premises. 56. Plaintiff is informed and believes, and thereon alleges, that he may incur further medical and/or incidental expenses for the care and/or treatment of said injuries, the amount of which is unknown at this time, all to his further damages in an amount according to proof. 57. As a direct and legal result of the wrongful acts and/or omissions of Defendants, and each of them. Plaintiff was prevented from performing his usual occupation, or any occupation whatsoever, or has otherwise suffered!a reduction in his capacity to work, and as a result has been damaged in an amount according to proof. Plaintiff is informed and believes and, on such information and belief alleges that by reason of said carelessness and negligence of Defendants, and each of them. Plaintiff will, in the future, be prevented from attending to his usual occupation for an undetermined period of time, or will continue to have a reduced capacity to earn income, all to his further damage in an amount according to proof. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Defendants, as follows: 1. For noneconomic damages according to proof at the time of trial; 2. For economic damages according to proof at the time of trial; 3. For costs of suit herein; 4. For prejudgment interest under California Civil Code §§3287, 3288, and 3291, as applicable; 5. For post-judgment interest, as applicable, pursuant to California Code of Civil Procedure §685.010; and 6. For such further relief as the Cdurt may deem just and proper., Dated: April 28, 2025 WALTER CLARK LEGAL GROUP By: Z?a^ DAN C. BOLTON Attorneys for Plaintiff DANE GOTTWALD rniUPT A TMT FOP n AM A nVR Eleetfonlealiy FILED by'SuperiQr Court of California^ County of Riverside on 0"4f28/2Ci2512:14-PM Case Nymtjer C^PS2.50,3166;00:G0i27205954- Jason B:..@alRiii,Exfc:utiteOffit'er/Ol.e of the Court ByAhgela SReltbn, Clerk CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Dan C. Bolton sbn: 104236 Walter Clark Legal Group 71-861 Highwav 111, Rancho Mirage, OA 92270 ^TELEPHONENO : ^60) 862-9254 FAX NO (760)862-1121 EMAIL ADDRESS: jgordon@walterclark.com ATTORNEY FOR (A/ame;. Dane GottWald FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE sTREEr ADDRESS: 3255 E. TaHqultz Canyon Wly MAILING ADDRESS: 3255 E. Taliqultz Canyon Way ciTYANDzipcoDE: Palm Springs, 92262 BRANCH NAME: Ralm SpMngs Court CASE NAME: CIVIL CASE COVER SHEET 1 X 1 Unlimited I I Limited (Amount (Arriount demanded demanded is exceeds $35,000) $35,000 or less) Complex Case Designation 1 1 Counter ; | | Joinder Filed with first appearance by defendant (Gal. Rules of Court, rule 3.402)1 CASE NUMBER: V p s s s p p e JUDGE: DEPT.: Items 1-6 below must be completed\(see instructions on page 2). 1. Check one box below for the case type that Auto Tort Auto (22) Uninsured motorist (46) Other PI/PD/WD (Personal Injury/Property Damage/Wrongful Death) Tort I I Asbestos (04) I I Product iiabiiity (24) I I Medicai maipractice (45) rXl Other Pi/PD/WD (23) Non-PI/PD/WD (Other) Tort I I Business tort/unfair business practice (07) I I Civii rights (08) I I Defamation (13) I I Fraud (16) I I inteiiectuai property (19) I I Professionai negligence (25) I I Other non-Pi/PD/WD tort (35) Employment Wrongful termination (36) Other employment (15) best describes this case: Contract | I I Breach of contract/warranty (06) I I Rule 3.740 collections (09) I I Other collections 1(09) I I.- insurance coverage (18) I I Other contract (37) Real Property I I Eminent domain/Inverse , condemnation (14) Wrongful eviction (33) Other real property (26) Unlawful Detainer I , I Commercial (31) | I I Residential (32) i I I Drugs (38) | ^ Judicial Review > I I Asset forfeiture (05) I I Petition re: arbitration award (11) I I Writ of mandate (02) I I Other judicial review (39) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) I I Antitrust/Trade regulation (03) I I Construction defect (10) I I iViass tort (40) I I Securities litigation (28) 1 I Environmental/Toxic tort (30) I I insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of Judgment I I Enforcement of judgment (20) Miscellaneous Civil Complaint I I RICO (27)" I I Other complaint (not specified above) (42) Miscellaneous Civil Petition I I Partnership and corporate governance (21) I I Other petition (not specified above) (43) 2. This case | | is | X I is not complex under rule 3.400 Of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: ^^ d. I • I Large number of witnesses e. 1 1 I Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court ^ f. I I Substantial postjudgment judicial supervision Large number of separately represerited parties Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve c. I I Substantial amount of documentary evidence Remedies sought (check all that apply): a. j X I monetary b. | | nonmonetary; declaratory or injunctive relief c. Number of causes of action (specify):T\no\ (1) Dangerous Condition on Public Property; and 2) Negligence. This case I I is rx~] is not a class action suit. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: April 28, 2025 Dan C. Bolton punitive (TYPE OR PRINT NAME)(SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and institutions Code). (Cai. Rules of Court, rule 3.220.) Failure to file may result in sanctions. File this cover sheet in addition to any cover sheet required by local court rule. if this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on ail other parties to the action or proceeding. Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.7^0; Cal. Standards of Judicial Administration, std. 3.10 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties In Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money Was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections Case on this form means that it yvill be exempt from the gerieral time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties In Complex Cases. In complex cases only, parties must ajso use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Ruies of Court, this must be indicated by 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 complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. Auto Tort Auto (22)-Personal Injury/Property DamageA/Vrongful Death Uninsured Motorist (46) f/ff/je case involves an uninsured motorist claim subject to arbitration, check this Item Instead of Auto) Other PI/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/envlronmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PDAA/D (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PDA/VD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PI/PD/WD Non-PI/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medlcei or legal) Other Non-PI/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) ContractAA/arranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not.eminent domain, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (If the case Involves Illegal drugs, check this Item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non-domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Coniplaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition -Labor Commissioner Appeals ^ CM-010 [Rev. January 1, 2024]CIVIL CASE COVER SHEET Page 2 of 2 Westbw Doc & Form Builder- flectrqnicaily FiL£D by Supsrior Gourtof Galifomia, Cqutity of Riverside on 04/28/2025 12:14 PW Case Numb:erCVPS2503166 0000127205955-Jason B. Calkin. Exec^utiveCtflcer/Ciefkofthe Court By Angela Ste Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE □ BANNING 311 E. Ramsey St., Banning, CA 92220 □ MORENO VALLEY 13800 Heacock St., Ste. D201, Moreno Valley, CA 92553□ BLYTHE 265 N. Broadway, BIythe, CA 92225 □ , MURRIETA 30755-D Auld Rd., Suite 1226, Murrieta, CA 92563□ CORONA 505 S. Buena Vista, Rm. 201, Corona, CA 92882 (3 PALM jSPRINGS 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262□ MENIFEE 27401 Menlfee Center Dr., Menifee, CA 92584 □ RIVERSIDE 4050 Main St., Riverside, CA 92501 RI-CI032 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Actdmssj Dan C. Bolton sbn: 104236 Walter Clark Legal Group 71-861 Highway 111, Rancho Mirage, CA 92270 TELEPHONE NO: (760) 862-9254 FAXNO. (OpftonaO. (760) 862-1121E-MAiLADDREss (opfionao. faoraon@walterclark.eom ATTORNEY FOR (Name): Dane GottWald , FOR COURT USE ONLY PLAINTIFF/PETITIONER: DANE GOTTWALD DEFENDANT/RESPONDENT: CITY OF'PALM DESERT CASE NUMBER: OV 1=3 2:5 031 as CERTIFICATE OF COUNSEL The undersigned certifies that this matter should be tried or heard in the court identified above for the reasons specified below; [X] The action arose in the zip code of: 92260 ^ □ The action concerns real property located in the zip code of: □ The Defendant resides in the zip code of: ^ For more information on where actions should be filed in the Riverside County Superior Courts, please refer toLocalRule3115atwww.riverside.courts.ca.gov. 1 certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date April 28, 2025 Dan 0. Bolton (TYPE OR PRINT NAME OF 13 ATTORNEY □ PARTY MAKING DECLARATION)(SIGNATURE) Page 1 of 1 Approved for Mandatory UseRiverside Superior CourtRI-CI032 [Rev. 07/15/21] (Reformatted 07/08/24) CERTIFICATE OF COUNSEL Local Rule 3117r1verside.courts.ca.gov SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Palm Springs Courthouse 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262 www.riverside.courts.ca.gov Case Number: CVPS2503166 Case Name: GOTTWALD vs CITY OF PALM DESERT NOTICE OF DEPARTMENT ASSIGNMENT The above entitled case is assigned to the Honorable Manuel Bustamante in Department PS2 for All Purposes. Any disqualification pursuant to COP section 170.6 shall be filed in accordance with that section. The court follows California Rules of Court, Rule 3.1308(a)(1) for tentative rujings (see Riverside Superior Court Local Rule 3316). Tentative Rulings for each law and motion matter are posted on the internet by 3:00 p.m. on the court day immediately before the hearing at http://riverside.courts.ca.gov/tentativerulings.shtml. If you do not have internet access, you may obtain the tentative ruling by telephone at (760) 904-5722. To request oral argument, you must (1) notify the judicial secretary at (760) 904-5722 and (2) inform all other parties, no later than 4:30 p.m. the court day before the hearing. If no request for oral argument is made by 4:30 p.m., the tentative ruling will become the final ruling on the matter effective the date of the hearing. The filing party shall serve a copy of this notice on all parties. Interpreter services are available upon request. If you need an interpreter, please complete and submit the online Interpreter Request Form (https://riverside.courts.ca.gov/Divisions/lnterpreterlnfo/ri-in007.pdf) or contact the clerk's office and verbally request an interpreter. All requests must be made in advance with as much notice as possible, and prior to the hearing date in order to secure an interpreter. Assistive listening systerns, computer-assisted real time captiohing, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabiiities and Order (form MC- 410) hiust be submitted when requesting an accomrriodation. (Civil Code section 54.8.) ' Dated: 05/15/2025 JASON B. GALKIN, Court Executive Officer/Clerk of the Court by: A. Skelton, Deputy Clerk CI-NODACV (Rev. 02/16/21) SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Palm Springs Courthouse 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262 www.riverside.courts.ca.gov Case Number: Case Name: CVPS2503166 GOTTWALD vs CITY OF PALM DESERT DANE GOTTWALD NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 11/13/2025 8:30 AM Department PS2 Location of Hearing: 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to COP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non- evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 161-644-5616# Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) Interpreter services are available upon request. If you need an interpreter, please complete and submit the online Interpreter Request Form (https://riverside.courts.ca.gov/Divisions/lnterpreterlnfo/ri-in007.pdf) or contact the clerk's office and verbally request an interpreter. All requests must be made in advance with as much notice as possible, and prior to the hearing date in order to secure an interpreter. Assistive listening systems, computer-assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabiiities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 05/15/2025 JASON B. GALKIN, Court Executive Officer/Clerk of the Court A. Skelton, Deputy Clerk CI-NOCMC (Rev. 03/02/22) SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE ^ Palm Springs Courthouse 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262 www.riverside.courts.ca.gov Case Number: Case Name: CVPS2503166 GOTTWALD vs CITY OF PALM DESERT CITY OF PALM DESERT NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearing Date Hearing Time Department 11/13/2025 8:30 AM Department PS2 Location of Hearing: 3255 E. Tahquitz Canyon Way, Palm Springs, OA 92262 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non- evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 161-644-5616# Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) Interpreter services are available upon request. If you need an interpreter, please cortiplete and submit the online Interpreter Request Form (https://riverside.courts.ca.gov/bivisions/lnterpreterlnfo/ri-in007.pdf) or contact the clerk's office and yerbally request an interpreter. All requests must be made in advance with as much notice as possible, and prior to the hearing date in order to secure an interpreter. ' Assistive listening systems, computer-assisted real time captioning, or sign language interpreter services are available upon request Jf at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accomrnodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding; In my capacity, I am familiar with the practices and procedures used in connection with the, mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business, i certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 05/15/2025 JASON B. CALKIN, Court Executive Officer/Clerk of the Court A. Skelton, Deputy Clerk CI-NOCMC (Rev. 03/02/22) Notice has been printed for the"following Firm/Attorneys or Parties: CVPS2503166 BOLTON, DAN C. GOTTWALD, DANE 71-861 HIGHWAY 111 ' Rancho Mirage, CA 92270 CITY OF PALM DESERT Page 7 of 7 Pages RI-ADROOl-INFO SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE www.riverside.courts.ca.gov Self-represented parties: https://www.riverside.courts.ca.gov/SelfHelp/self-help.php ALTERNATIVE DISPUTE RESOLUTION (ADR)- INFORMATION PACKAGE *** THE PLAINTIFF MUST SERVE THIS INFORMATION PACKAGE ON EACH PARTY WITH THE COMPLAINT. *** What is ADR? Alternative Dispute Resolution (ADR) is a way of solving legal disputes without going to trial. The main types are mediation, arbitration, and settlement conferences. Advantages of ADR: ^ Faster: ADR can be done in a 1-day session within months after filing the complaint. ^ Less expensive: Parties can save court costs and attorneys' and witness fees. ^ More control: Parties choose their ADR process and provider. ^ Less stressful: ADR is done informally in private offices, not public courtrooms. Disadvantages of ADR: ^ No public trial: Parties do not get a decision by a judge or jury. ^ Costs: Parties may have to pay for both ADR and litigation. Main Tvoes of ADR: Mediation: In mediation, the mediator listens to each person's concerns, helps them evaluate the strengths and weaknesses of their case, and works with them to create a settlement agreement that is acceptable to everyone. If the parties do not wish to settle the case, they go to trial. Mediation mav be appropriate when the parties: £ want to work out a solution but need help frorri a neutral person; or ^ haVe communication problems or strong emotions that interfere with resolution; or ^ have a continuing business or personal relationship. Mediation is not appropriate when the parties: ^ want their public "day in court" or a judicial determination on points of law or fact; ^ lack equal bargaining power or have a history of physical/emotional abuse. Arbitration: Arbitration is less formal than trial, but like trial, the parties present evidence and arguments to the person who decides the outcome. In "binding" arbitration the arbitrator's decision is final; there is no right to trial. In "non-binding" arbitration, any party can request a trial after the arbitrator's decision. The court's mandatory Judicial Arbitration program is non-binding. Page 1 of 2 Adopted for Mandatory Use Riverside Superior Court RI-ADROOl-INFO [Rev. 06/10/21] Arbitration may be appropriate when the parties: ^ want to avoid trial, but still want a neutral person to decide the outcome of the case. Arbitration is not appropriate when the parties: ^ do not want to risk going through both arbitration and trial (Judicial Arbitration) ^ do not want to give up their right to trial (binding arbitration) Settlement Conferences: Settlement conferences are similar to mediation, but the settlement officer usually tries to negotiate an agreement by giving strong opinions about the strengths and weaknesses of the case, its monetary value, and the probable outcome at trial. Settlement conferences often involve attorneys more than the parties and often take place close to the trial date. RIVERSIDE COUNTY SUPERIOR COURT ADR REQUIREMENTS ADR Information and forms are posted on the ADR website: https://www.riverside.courts.ca.gov/Divisions/ADR/ADR.php General Policv: Parties in most general civil ca^es are expected to participate in an ADR process before requesting a trial date and to participate in a settlement conference before trial. (Local Rule 3200) Court-Ordered ADR: Certain cases valued at under $50,000 may be ordered to judicial arbitration or mediation. This order is usually made at the Case Management Conference. See the "Court-Ordered Mediation Information Sheet" on the ADR website for more information. Private ADR (for cases not ordered to arbitration or mediation): Parties schedule and pay for their ADR process without Court involvement. Parties may schedule private ADR at any time; there is no need to wait until the Case Management Conference. See the "Private Mediation Information Sheet" on the ADR website for more information. BEFORE THE CASE MANAGEMENT CONFERENCE (CMC), ALL PARTIES MUST: 1. Discuss ADR with all parties at least 30 days before the CMC. Discuss: ^ Your preferences for mediation or arbitration. ^ Your schedule for discovery (getting the information you need) to make good decisions about settling the case at mediation or presenting your case at an arbitration. 2. File the attached "Stipulation for ADR" along with the Case Management Statement, if all parties can agree. 3. Be prepared to tell the judge your preference for mediation or arbitration and the date when you could complete it. (Local Rule 3218) RIVERSIDE COUNTY ADR PROVIDERS INCLUDE: ^ The Court's Civil Mediation Panel (available for both Court-Ordered Mediation and Private Mediation). See https://adr.riverside.courts.ca.gov/Home/CivilMedPanel or ask for the list in the civil clerk's office, attorney window. ^ Riverside County ADR providers funded by DRPA (Dispute Resolution Program Act): Dispute Resolution Service (DRS) Riverside County Bar Association: (951) 682-1015 Dispute Resolution Center, Community Action Partnership (CAP): (951) 955-4900 Chapman University School of Law Mediation Clinic (services only available at the court) Page 2 of 2 Adopted for Mandatory Use Riverside Superior Court RI-ADROOl-iNFO [Rev. 06/10/21] SUPERIOR COURT OF CALIFORNIA. COUNTY OF RIVERSIDE □ BLYTHE 265 N. Broadway, BIythe, CA 92225 □□ CORONA 505 S. Bueria Vista, Rm. 201, Corona, CA 92882 □□ MENIFFEE 24701 Menifee Center Drive, Menifee,.CA 92584 □□ MORENO VALLEY 13800 Heacock St. #D201, Moreno Valiey MURRIETA 30755-D Auid Rd., Murrieta, CA 92563 PALM SPRINGS 3255 Tahquitz Canyon Way, Palm Springs, CA 92262 RIVERSIDE 4050 Main St., Riverside, CA 92501 RI-ADR001 run uuuK; uic uivl rATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address) . TELEPHONE NO E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name) FAX NO. (Optional): PLAINTIFF/PETiTiONER; DEFENDANT/RESPONDENT: CASE NUMBER: CASE MANAGEMENT CONFERENCE DATE(S): STIPULATION FOR ALTERNATIVE DISPUTE RESOLUTION (ADR) (CRC 3.2221; Local Rule, Title 3, Division 2) Court-Ordered ADR: Eligibility for Court-Ordered Mediation or Judicial Arbitration will be determined at the Case Management Conference. If eligible, the parties agree to participate in: □ Mediation □ Judicial Arbitration (non-binding) Private ADR: If the case is not eligible for Court-Ordered Mediation or Judicial Arbitration, the parties agree to participate in the following ADR process, which they will arrange and pay for without court involvement: □ Mediation O Judicial Arbitration (non-binding) n Binding Arbitration □ Other (describe): Proposed date to complete ADR: SUBMIT THIS FORM ALONG WITH THE CASE MANAGEMENT STATEMENT. StINT NAME OF PARTY OR ATTORNEY)Plaintiff D Defendant (SIGNATURE OF PARTY OR ATTORNEY)(DATE) SIINT NAME OF PARTY OR ATTORNEY)Plaintiff □ Defendant (SIGNATURE OF PARTY OR ATTORNEY)(DATE) SlINT NAME OF PARTY OR ATTORNEY) Plaintiff Q Defendant (SIGNATURE OF PARTY OR ATTORNEY)(DATE) etINT NAME OF PARTY OR ATTORNEY)Plaintiff □ Defendant (SIGNATURE OF PARTY OR ATTORNEY)(DATE) Page 1 of 1 Adopted for Mandatory Use Riverside Superior CourtForm RI-ADR001 [Rev. 01/01/12][Reformatted 07/08/24] ALTERNATIVE DISPUTE RESOLUTION (ADR) STIPULATION riverside.courts.ca.gov From:Michelle Nance To:Isra Shah; Chris Escobedo; Andrea Staehle; Amber Molina Cc:Anthony Mejia; Damian Olivares Subject:Summons - Case No. CVPS2503166; Gottwald v. City of Palm Desert Date:Friday, May 16, 2025 3:28:50 PM Attachments:emailsignaturemay2025_8aea560d-d006-4285-a44a-9c4cc0e84126.pngSummons - Case No. CVPS2503166.pdf Good afternoon, Please see attached summons received today for Case No. CVPS2503166; Gottwald v. City of Palm Desert. Thank you, Michelle Michelle Nance Senior Deputy Clerk City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 mnance@palmdesert.gov | 760.776.6301 | www.palmdesert.gov Electronically FILED by Superior Court of California, County of Ri'fllrside on 04/28/2025 12:14 PM c ase Number CVPS2503166 0000127205953 Jason B Oalldn Execu11Ye OfficerfClerk oflhe Court.,=.Bv:,..;Mcci=ael:::..a S;:.;k.:;.e"'tto"'n""'C""le"'rk'---------"SC-'U:::..M'-"-·-'-1 ~O"'"'O SUMMONS (CITACION JUDICIAL) NOTICE TO DEFENDANT: CITY OF PALM DESERT, a public (AVISO AL DEMANDADO): entity; and DOES 1 to 25, inclusive, YOU ARE BEING SUED BY PLAINTIFF: DANE GOTTWALD. (LO ESTA DEMANDANDO EL DEMANDANTE): FOR COURT USE ONLY (SOLO PARA µso DE,!-A CQRJ, ,, t u , t J ":-:TL. L ,1 , ,. 'i Of SE ·~ 0 f f ' . E • R r. :' A lllZS 11A y 16 PH • , 3: I 1 NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtJnfo.ca.gov/se/fnelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from lhe court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifomia.org), the California Courts Online Self-Help Center (www.courtJnfo.ca.gov/selfnelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. ;AVISO! Lohan demandado. Si no responde dentro de 30 d/as, la corte puede decidir en su contra sin escuchar su versi6n. Lea la informaci6n a continuaci6n. Tiene 30 D{AS DE CALENDARIO despufJs de que le entreguen esta citsci6n y papeles legs/es para presentar uns respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una 1/amada telef6nica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularlos de la corte y m~s informaci6n en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.govJ, en la biblioteca de /eyes de su condado o en la corte que le quede m~s cerca. Si no puede pagar ta cuota de presentaci6n, pida al secretarlo de la corte que le dfJ un formutsrio de exenci6n de pago de cuotas. Si no presents su respuesta a tiempo, puede perder el caso por incumplimiento y Is corte le podra quitar su sue/do. dinero y bienes sin mas advertencia. Hay otros requisitos /egales. Es recomendable que /lame a un abogado inmediatamente. Si no conoce a un abogado, puede 1/amar a un servicio de remisi6n a abogados. Si no puede pagar a un abogado, es posible que cumpla con tos requisitos pars obtener servicios legates gratuitos de un programa de servicios legal es sin fines de /ucro. Pue de encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de Ca/ifomla, (www.sucorte.ca.govJ o ponifJndose en contacto con la corte o el co/egio de abogados locales. AV/SO: Por fey, la corte tiene derecho a reclamar las cuotas y /os costos exentos por imponer un gravamen sobre cualquierrecuperaci6n de $10,000 6 mas de valorrecibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de Is corte antes de que ta corte pueda desechar el caso. The name and address of the court is: (El nombre y direcci6n de la corte es): Suoerior Court.of California. Countv of Riverside 3255 E. Tahqu1tz Canyon Way CASE NUMBER: (Numero de/ c,,.,.,J: C VP S25031 66 Palm Springs, California 92262 The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: Dan C. Bolton (El nombre, la direcci6n y el numero de telefono de/ abogado de/ demandante, o de/ demandante que no tiene abogado, es): Walter Clark Legal Group 71-861 Highway 111 , Rancho Mirage, CA 92270 DATE: Clerk, by (Fecha) 04/28/2025 (Secretario) (760) 862·9254 A. Skelton , Deputy (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citati6n use el formulario Proof of Service of Summons, (POS-010)). [SEAL) GC6815(Xg) Fo,m Adopted for Mandatory Use Judicial Council of Cailcmia SUM-100 [Rev. July 1, 2009] NOTICE TO THE PERSON SERVED: You are served 1. D as an individual defendant. 2. D as the person sued under the fictitious name of (specify): 3. 00 on behalf of (specify):City of Pa lm Desert, a public entity under: D D D CCP 416.10 (corporation) CCP 416.20 (defunct corporation) CCP 416.40 (association or partnership) D D D ~ other (specify):C.C.P. 416.50: Public entity 4. D by personal delivery on (date): SUMMONS CCP 4 16.60 (minor) CCP 416.70 (conservatee) CCP 416.90 (authorized person) P e 1 of1 Coded Civil Procedure§§ 41220, 465 VIWW,courtinfo.ca.gov Wes\law Doc: .. F<wm 8uMd .... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Electronically FILED by Superior Court or California, County or Riverside on 04/28/2025 12:H PM case Number CVPS2503166 0000127205952 -Jason 8. Oalkln, Executive Officer/Clerk ofthe Court By Angela Skelton, Clerk Walter T. Clark (SBN 53303) Dan C. Bolton (SBN 104236) dbolton@walterclark.com WALTER CLARK LEGAL GROUP A Professional Corporation 71-861 Hwy 111 Rancho Mirage, CA 92270 Tel: (760) 862-9254 Fax: (760) 862-1121 Attorneys for Plaintiff, DANE GOTTW ALO SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE DANE GOTTWALD, CASE NO.: c vPS250 3 1 66 Plaintiff, COMPLAINT FOR DAMAGES vs. 1. DANGEROUS CONDITION ON PUBLIC PROPERTY CITY OF PALM DESERT, a public entity; and DOES I to 25, inclusive, 2. NEGLIGENCE Defendants. COMES NOW, Plaintiff DANE GOTTW ALO, who files his Complaint against CITY 0 PALM DESERT, a public entity, and DOES I to 25, inclusive, and alleges the following: FACTUAL BACKGROUND 1. On July 28, 2024, and prior thereto, Defendants owned, managed, maintained, operated, repaired, directed, leased and/or controlled the pathway, behind 73745 Shadow Lakes Drive, Palm Desert, California, and behind 73721 Club Circle Drive, Palm Desert, California (hereafter "Premises"). 2. On or about, July 28, 2024, and prior thereto, the Premises were in a dangerous condition, that created a substantial risk of the type of injury hereinafter alleged, when the property was used with due care, in a manner which was reasonably foreseeable that it would be used, in that there was an unmarked curb/elevated piece of concrete in the pathway. The COMPLAINT FOR DAMAGES 1 unmarked curb/elevated piece of concrete was approximately 3 ½ inches high, 6 inches wide, and 2 60 inches long, extending across over half of the walkway, as the walkway is approximately 116 3 inches wide. The unmarked curb/elevated piece of cement was not readily apparent to pedestrians 4 using the pathway in a reasonable and foreseeable manner. 5 3. As a result of Defendants' failure to remedy, repair, and/or warn of the dangerous 6 condition, Plaintiff, DAN GOTTWALD was hurt and injured to his health, strength and activity, 7 sustained injury to his body and/or shock to his nervous system and/or person, as well as possible 8 emotional distress, all of which have caused him, and/or continue to cause him, physical pain 9 and/or suffering. 10 PARTIES, JURISDICTION AND VENUE 11 4. Plaintiff is, and at all times mentioned in this complaint was, a resident of 12 Riverside County, California. 13 5. Defendant, CITY OF PALM DESERT, is a public entity with its principal place 14 of business located at 73510 Fred Waring Drive, City of Palm Desert, County of Riverside, 15 California. 16 6. The true names or capacities, whether individual, corporate, partnership, joint 17 venture, or otherwise of Defendants DOES I through 25, inclusive, are unknown to Plaintiff, who 18 therefore sues these Defendants by such fictitious names. 19 7. Each of the Defendants named as a DOE is legally responsible in some manner for 20 the events and happenings herein referred to and legally caused injury and damage to Plaintiff, as 21 alleged in this complaint. Plaintiff prays leave to amend this complaint when their true names 22 have been ascertained. 23 8. At all times mentioned in this complaint, Defendants, and each of them, were the 24 agents and/or employees and/or independent contractors and/or partners and/or joint ventures of 25 the remaining Defendants. They were at all times acting within the purpose and scope of that 26 agency, employment, contract, partnership, and/or joint venture. 27 9. Plaintiff is informed and believes, and on that basis alleges, that at all times 28 mentioned in this complaint, certain of the Defendant DOES are the successors in interest to each 2 COMPLAINT FOR DAMAGES 1 of the remaining Defendants and, on that basis, are liable for any act or omission of said 2 Defendants alleged in this complaint. 3 10. Plaintiff was required to, and did, comply with the government claims statute. 4 Plaintiff served a government claim with the City of Palm Desert on or about December 4, 2024. 5 The claim was rejected by operation of law on January 18, 2025. On March 18, 2025, the claim 6 was also rejected in writing by the City of Palm Desert. This action is timely filed within six 7 months of the rejection of the government claim. 8 11. All Defendants are subject to the jurisdiction of the Court and venue is proper in 9 Riverside County Superior Court because one or more of the Defendants reside in the County of 10 Riverside, conduct business in the County of Riverside, are subject to personal jurisdiction of this 11 Court, and the injury and damage to Plaintiff occurred in the County of Riverside. 12 FIRST CAUSE OF ACTION 13 Dangerous Condition of Public Property 14 (Against Defendants CITY OF PALM DESERT and DOES 1 to 25) 15 12. Plaintiff realleges and incorporates the above allegations of this Complaint as if 16 fully set forth herein. 17 13. On July 28, 2024, and prior thereto, Defendants owned, managed, maintained, 18 operated, repaired, directed, leased and/or controlled the pathway, behind 73745 Shadow Lakes 19 Drive, Palm Desert, California, and behind 73721 Club Circle Drive, Palm Desert, California 20 (hereafter "Premises"). 21 14. Defendant CITY OF PALM DESERT and DOES I to 25, and their respective 22 agents, employees, and/or independent contractors had a duty to maintain the Premises in a 23 reasonably safe condition. 24 15. On or about, July 28, 2024, and prior thereto, the Premises were in a dangerous 25 condition, that created a substantial risk of the type of injury hereinafter alleged, when the 26 property was used with due care, in a manner which was reasonably foreseeable that it would be 27 used, in that there was an unmarked curb/elevated piece of concrete in the pathway. The 28 unmarked curb/elevated piece of concrete was approximately 3 ½ inches high, 6 inches wide, and 3 COMPLAINT FOR DAMAGES 1 60 inches long, extending across over half of the walkway, as the walkway is approximately 116 2 inches wide. The unmarked curb/elevated piece of cement was not readily apparent to pedestrians 3 using the pathway in a reasonable and foreseeable manner. 4 16. The dangerous condition created a reasonably foreseeable risk of the kind of injury 5 that occurred. 6 17. The negligent and wrongful conduct of Defendants' employees, agents, 7 independent contractors, and subcontractors, acting within the course and scope of their 8 employment, created the dangerous condition, including failing to warn of, and/or prevent, and/or 9 correct the dangerous condition, by failing to erect adequate warning signs and/or devices to 10 protect the public and pedestrians and to prevent injury to the public and pedestrians, including 11 Plaintiff herein. 12 18. Moreover, Defendants CITY OF PALM DESERT and DOES 1 to 25, their 13 employees, agents, and/or independent contractors and subcontractors, bad sufficient notice of 14 the dangerous condition such that they could have eliminated it, protected against it, and/or 15 warned the general public using the Premises about it. 16 19. Defendants CITY OF PALM DESERT and DOES 1 to 25 could have discovered 17 the dangerous condition through a reasonable inspection system. Defendants had the financial 18 means and ability to employ a reasonable inspection system to identify dangerous conditions such 19 as the one on the Premises by which Plaintiff was injured. 20 21 20. 21. Plaintiff was injured as a result of the dangerous condition. It would not have been difficult for Defendants to eliminate the dangerous 22 condition, to protect Plaintiff against the dangerous condition, and/or to warn Plaintiff of the 23 dangerous condition. 24 22. Defendants had the authority, funds, and means necessary to immediately take 25 measures to repair the dangerous condition, to protect Plaintiff against the dangerous condition, 26 to warn Plaintiff of the dangerous condition, or to remove/remedy the dangerous condition. 27 28 23. 24. Defendants knew or should have known of the dangerous condition. Defendants had actual and/or constructive notice of the dangerous condition since 4 COMPLAINT FOR DAMAGES 1 its subject employees and/or agents and/or an independent contractor(s) created the dangerous 2 condition, and/or allowed the condition to exist for such a period of time that Defendants, in the 3 exercise of due care, should have discovered the condition and its dangerous character. 4 25. An employee, agent, and/or independent contractor's knowledge of a dangerous 5 condition is imputed to his/her employer. 6 26. A public entity knows of a dangerous condition if an employee, agent, independent 7 contractor, and/or subcontractor knows of the condition and reasonably should have informed the 8 entity about it. 9 10 27. 28. The dangerous condition was a substantial factor in causing Plaintiffs harm. Defendants are liable for Plaintiffs injuries proximately caused by a tortious act 11 or omission of an employee, agent, and/or independent contractor of the public entity to the same 12 extent that the public entity would be subject to such liability if it were a private person, pursuant 13 to Government Code §§815.2 and 8 15.4. 14 29. Applicable Government Code sections include, but are not limited to, §§835, 15 830(a), 840.2, 820(a), 815.2(a), 815.4, 835.2, and 840.4. 16 30. As a direct and legal result of Defendants' acts and/or omissions, and/or 17 Defendants employees' act and/or omission and/or Defendants independent contractors' acts 18 and/or omission, which caused a dangerous condition on public property, as heretofore described, 19 Plaintiff was injured while using the Premises in a reasonably foreseeable manner. 20 31. As a direct and result of the negligence, carelessness, recklessness, and 21 unlawfulness of Defendants, and/or their employees, and/or agents, and/or subcontractors and/or 22 independent contractors, Plaintiff was injured. The injuries sustained by Plaintiff have impaired 23 his health, strength, and/or activity and have thereby caused, and/or continue to cause, his physical 24 pain and suffering. Plaintiff is informed and believes, and thereon alleges, that said injuries may 25 result in some disability to him, all to his damages in an amount according to proof. 26 32. As a direct and legal result of the negligence by Defendants' employees, agents, 27 independent contractors and/or subcontractors, Plaintiff was required to, and/or did employ, 28 and/or continues to employ, physicians and others for medical care of said injuries, and he did 5 COMPLAINT FOR DAMAGES 1 incur medical and/or incidental expenses in an amount according to proof. 2 33. Plaintiff is informed and believes, and thereon alleges, that he may incur further 3 medical and/or incidental expenses for the care and/or treatment of said injuries, the amount of 4 which is unknown at this time, all to his further damages in an amount according to proof. 5 34. As a direct and legal result of the wrongful acts and/or omissions of Defendants, 6 and each of them, Plaintiff was prevented from performing his usual occupation, or any 7 occupation whatsoever, or has otherwise suffered a reduction in his capacity to work, and as a 8 result has been damaged in an amount according to proof. Plaintiff is informed and believes and 9 on such information and belief alleges that by reason of said carelessness and negligence of 1 0 Defendants, and each of them, Plaintiff will, in the future, be prevented from attending to his 11 usual occupation for an undetermined period of time, or will continue to have a reduced capacity 12 to earn income, all to his further damage in an amount according to proof. 13 SECOND CAUSE OF ACTION 14 Negligence, including Negligence of a Public Employee under 15 Govt. Code §§815.2 and 815.4 16 (Against CITY OF PALM DESERT and DOES 1 to 25) 17 35. Plaintiff realleges and incorporates the above allegations of this Complaint as if 18 fully set forth herein. 19 36. OJ?-July 28, 2024, the Premises was owned, controlled, managed, overseen, 20 supervised, approved, and/or maintained by Defendants and/or their employees and/or agents 21 and/or independent contractors. 22 37. Defendants and/or their employees and/or agents and/or independent contractors 23 had a duty to maintain the PREMISES in a reasonably safe condition. 24 38. Defendants and/or their employees and/or agents and/or independent contractors 25 breached this duty by negligently constructing, approving, owning, controlling, possessing, 26 leasing, modifying, managing, overseeing, and/or maintaining an existing hazard alleged herein 27 on the Premises, and failing to take adequate measures to correct, repair, protect against, warn of, 28 and/or identify the hazard on the Premises. 6 COMPLAINT FOR DAMAGES 39. Defendants are vicariously liable for the tortious actions and/or omissions of their 2 employees, agents, independent contractors, and subcontractors pursuant to Government Code§§ 3 815.2 and/or 815.4 and/or the doctrine of Respondeat Superior. 4 40. Under the doctrine of nondelegable duty, Defendants cannot escape liability for 5 failure to maintain the Premises in a safe condition by delegating the duty to an independent 6 contractor. 7 41. On July 28, 2024, and prior thereto, the Premises was in a dangerous condition at 8 the time Plaintiff was injured. 9 42. The dangerous condition created a reasonably foreseeable risk of the kind of injury 10 that occurred. 11 43. The negligent and wrongful conduct of Defendants and/or their subject employees 12 and/or their independent contractors and/or subcontractors acting within the course and scope of 13 their employment created the dangerous condition. 14 44. The Defendants and/or their employees and/or agents and/or their independent 15 contractors and/or their subcontractors had sufficient notice of the hazardous condition such that 16 they could have repaired it, eliminated it, protected against it, and/or warned the general public 17 using the Premises about it. 18 45. Defendants and/or their employees and/or agents and/or their independent 19 contractors and/or subcontractors could have discovered the hazardous condition through a 20 reasonable inspection. Defendants had the financial means and ability to employ a reasonable 21 inspection system to identify hazardous conditions such as the one on the Premises by which 22 Plaintiff was injured. 23 24 46. 47. Plaintiff was injured as a result of the hazardous condition. It would not have been difficult for Defendants and/or their employees and/or 25 agents and/or their independent contractors and/or subcontractors to repair the hazardous 26 condition, to eliminate the hazardous condition, to protect Plaintiff against the hazardous 27 condition and/or to warn Plaintiff of the hazardous condition. 28 48. Defendants and/or their employees and/or agents and/or their independent 7 COMPLAINT FOR DAMAGES 1 contractors and/or subcontractors had the authority, funds, and means necessary to immediately 2 take measures to repair the hazardous condition, to eliminate the hazardous condition, to protect 3 Plaintiff against the hazardous condition, to warn Plaintiff of the hazardous condition, and/or to 4 remove the hazardous condition. 5 49. Defendants and/or their employees and/or agents and/or their independent 6 contractors and/or subcontractors knew or should have known of the hazardous condition. 7 50. Defendants and/or their employees and/or agents and/or their independent 8 contractors and/or subcontractors had actual and/or constructive notice of the hazardous condition 9 since they created the hazardous condition, and the condition existed for such a period of time 10 that, in the exercise of due care, Defendants should have discovered the condition and its 11 hazardous character. 12 51. An employee, agent, independent contractor, and/or subcontractor's knowledge of 13 a hazardous condition is imputed to his/her employer. 14 15 52. 53. The dangerous condition was a substantial factor in causing Plaintiffs harm. As a direct and legal result of Defendants' employees and/or agents and/or 16 independent contractors and/or subcontractors' failure to adequately own, supervise, approve, 17 maintain, oversee, inspect, and control the Premises in a reasonably safe manner, thereby causing 18 and permitting a hazardous condition to remain thereon, as heretofore described, Plaintiff was 19 injured while using the Premises in a reasonably foreseeable manner. 20 54. As a direct and legal result of the negligence, carelessness, recklessness, and 21 unlawfulness of Defendants' employees, agents, independent contractors, and/or subcontractors, 22 Plaintiff was hurt and injured to his health, strength and activity, sustaining injury to bis body and 23 shock to his nervous systems, as well as mental and emotional distress, all of which said injuries 24 have caused and continue to cause him great mental and physical pain and suffering. Plaintiff is 25 informed and believes, and thereon allege, that said injuries will result in some permanent 26 disability. 27 55. As a direct and legal result of the negligence by Defendants' employees, agents, 28 independent contractors and/or subcontractors, Plaintiff was caused to, and continues to, seek 8 COMPLAINT FOR DAMAGES 1 treatment with health care providers for the injuries sustained from the dangerous condition of 2 the Premises. 3 56. Plaintiff is informed and believes, and thereon alleges, that he may incur further 4 medical and/or incidental expenses for the care and/or treatment of said injuries, the amount of 5 which is unknown at this time, all to his further damages in an amount according to proof. 6 57. As a direct and legal result of the wrongful acts and/or omissions of Defendants, 7 and each of them, Plaintiff was prevented from performing his usual occupation, or any 8 occupation whatsoever, or has otherwise suffered a reduction in his capacity to work, and as a 9 result has been damaged in an amount according to proof. Plaintiff is informed and believes and, 10 on such information and belief alleges that by reason of said carelessness and negligence of 11 Defendants, and each of them, Plaintiff will, in the future, be prevented from attending to his 12 usual occupation for an undetermined period of time, or will continue to have a reduced capacity 13 to earn income, all to his further damage in an amount according to proof. 14 PRAYER FOR RELIEF 15 WHEREFORE, Plaintiff prays for judgment against Defendants, as follows: 16 1. For noneconomic damages according to proof at the time of trial; 17 2. For economic damages according to proof at the time of trial; 18 3. For costs of suit herein; 19 4. For prejudgment interest under California Civil Code §§3287, 3288, and 3291, as 20 applicable; 21 5. For post-judgment interest, as applicable, pursuant to California Code of Civil 22 Procedure §685.010; and 23 6. For such further relief as the Court may deem just and proper. 24 25 Dated: April 28, 2025 26 27 28 9 WALTER CLARK LEGAL GROUP By: DM--C f:J~ta-~ DAN C. BOLTON Attorneys for Plaintiff DANE GOTTWALD COMPLAINT FOR DAMAGES ElectronIca11y FILED by Superior court of Callfomla. County of Riverside on 04/2812025 12:14 PM Case Number CVPS2503166 0000127205954 • Jason B. Oalkln, Executive Officer/Clerk of the Court By .Aslgela Skelton, Clerk ATTORNEY OR PARTY WTHOUT ATTORNEY (Name, State Ber number, and eddress): Dan C. Bolton SBN: 104236 Walter Clark Legal Group 71-861 Hi,9.hwa'ir:' 111 Rancho Mirage, CA 92270 TELEPHONENO:\f 60) 862-9254 FAXNO.: (760) 862-1121 EMAIL AooREss, Jgordon@walterclark.com ATTORNEY FOR (Name) Dane Gottwald SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE srRm ADDRESs: 3255 E. Tahquitz Canyon Way MAILINGADDREss, 3255 E. Tahquitz Canyon Way clTY ANDzIpcooE: Palm Springs, 92262 BRANCH NAME: Palm Springs Court CASE NAME: CIVIL CASE COVER SHEET Complex Case Designation D Counter D Joinder FOR COURT USE ONLY CASE NUMBER: C VP S25 0 3 1 6 6 [Kl Unlimited (Amount demanded exceeds $35,000) D Limited (Amount demanded is Filed with first appearance by defendant JUDGE $35,000 or less) (Cal. Rules of Court, rule 3.402) DEPT.: Items 1 6 below must be comoleted /see instructions on oa""' 2l. 1. Check one box below for the case type that best describes this case: Auto Tort Contract D Auto (22) D Breach of contract/warranty (06) D Uninsured motorist (46) D Rule 3.740 collections (09) Other PI/PD/WD (Personal Injury/Property D Other collections (09) Damage/Wrongful Death) Tort D Insurance coverage (18) D Asbestos (04) D Other contract (37) D Product liability (24) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) D D D Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) D Securities litigation (28) D EnvironmentaVToxic tort (30) CM-010 D Medical malpractice (45) [K] Other Pl/PD/WO (23) Real Property D Eminent domain/Inverse condemnation (14) D Insurance coverage claims arising from the above listed provisionally complex case Non-Pl/PD/WO (Other) Tort D Business tori/unfair business practice (07) D Civil rights (08) D Defamation (13) D Wrongful eviction (33) D Other real property (26) Unlawful Detainer D Commercial (31) types (41) Enforcement of Judgment D Enforcement of judgment (20) Miscellaneous Civil Complaint c::J RIC0(27) D Fraud (16) D Intellectual property (19) D Professional negligence (25) D Other non-Pl/PD/WO tort (35) Employment D Residential (32) D Drugs(38) D Other complaint (not specified above) (42) Miscellaneous Civil Petition Judicial Review D Asset forfeiture (05) D Petition re: arbitration award (11) D Writ of mandate (02) D Partnership and corporate governance (21) D Other petition (not specified above) (43) D Wrongful termination (36) D Other employment {15) D Other judicial review (39) 2. This case D is [K] is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. D Large number of separately represented parties d. D Large number of witnesses b. D Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal court c. D Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision 3. Remedies sought (check all that apply): a. [X] monetary b. D non monetary; declaratory or injunctive relief c. D punitive 4. Number of causes of action (specify):Two: (1) Dangerous Condition on Public Property; and 2) Negligence. 5. This case O is [JD is not a class action suit. 6. If there are an_y known related cases, file and serve a notice of related case. (You may use form CM-015.) Date April 28, 2025 Dan C. Bolton ► [:)aH,, C fJ ~ebH,, (TYPE OR PRINT NAME1 (SIGNATURE OF PARTY OR ATTORNEY FOR PARTYI NOTICE • Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. • File this cover sheet in addition to any cover sheet required by local court rule . • If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. • Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Pa_ge I of 2 Form Adopted for Mandatory Use Judicial Council of California CM-010 (Rev. January 1, 2024) CIVIL CASE COVER SHEET Cal Rules of Court. rules 2.30, 3.220, 3.400-3.403, 3.740; Cal. St,indards of Judicial Administration, std. 3.10 'i'IVIVt.courts.ca gov INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by 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 complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Contract Auto Tort Auto (22)-Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other Pl/PD/WO {Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WO (e.g., assault, vandalism) Intentional lnniction of Emotional Distress Negligent Infliction of Emotional Distress Other PI/PD/WD Non.Pl/PD/WO (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-Pl/PD/WO Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM.010 (Rev. January 1, 20241 Breach of Contract/Warranty (06) Breach of RentaVLease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (18) Auto Subrogation other Coverage Other Contract (37) Contractual Fraud other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title other Real Property (not eminent domain, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) AntitrusUTrade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) EnvironmentaVToxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non-domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page2 ol 2 Westlaw [)x & Foon Builder Electronically FILED by Superior Court of California, County of Riverside on 04/28/2025 12:14 PM case Number CVPS2503166 0000127205955 • Jason B. Galkin, Executive omcer1cIer1< of the Court By Angela Skelton, Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE 0 BANNING 311 E. Ramsey St., Banning, CA 92220 0 BLYTHE 265 N. Broadway, Blythe, CA 92225 0 MORENO VALLEY 13800 Heacock St., Ste. D201 , Moreno Valley, CA 92553 0 MURRIETA 30755-0 Auld Rd., Suite 1226, Murrieta, CA 92563 0 CORONA 505 S. Buena Vista, Rm. 201, Corona, CA 92882 0 MENIFEE 27401 Menifee Center Dr., Menifee, CA 92584 (21:1 PALM SPRINGS 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262 0 RIVERSIDE 4050 Main St .. Riverside, CA 92501 RI-CI032 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Ar>:1reu) F-OR COURT USE ONl Y Dan C. Bolton SBN: 104236 Walter Clark Legal Group 71-861 Highway 111 , Rancho Mirage, CA 92270 TELEPHONE NO: (76~ 862-9254 FAX NO (OptblaC, (760) 862-1121 E-"1AILAooREss /Opl/On-c: ~-or on@walterclark.com ATTORNEY FOR (Name~ ane Gottwald PLAINTIFF/PETITIONER: DANE GOTTWALD DEFENDANT/RESPONDENT: CITY OF PALM DESERT CASE NUMBER: C VP S250 3 1 66 CERTIFICATE OF COUNSEL The undersigned certifies that this matter should be tried or heard in the court identified above for the reasons specified below: l:ZI The action arose in the zip code of:9 ::..2::::.2::::.6.:c.0.c,._ _________ _ 0 The action concerns real property located in the zip code of: 0 The Defendant resides in the zip code of: For more information on where actions should be filed in the Riverside County Superior Courts, please refer to Local Rule 3115 at www.riverside.courts.ca.gov. I certify (or declare) under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct. Date April 28, 2025 Dan C. Bolton ► (TYPE OR PRINT NAME OF Ill ATTORNEY O PARTY MAKING DECLARATION) Approved ror MIWl<latory Use Rlvfflide SUpet1cr Court RI-CI032 (Rev, 07/151211 (Reformatted 0Ul812◄) CERTIFICATE OF COUNSEL (SIGNATURE) Pa e 1 of 1 Local Rule 3117 rtverside.courts.ca.gov SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Palm Springs Courthouse 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262 www.riverside.courts.ca.gov Case Number: CVPS2503166 Case Name: GOTTWALD vs CITY OF PALM DESERT NOTICE OF DEPARTMENT ASSIGNMENT The above entitled case is assigned to the Honorable Manuel Bustamante in Department PS2 for All Purposes. Any disqualification pursuant to CCP section 170.6 shall be filed in accordance with that section. The court follows California Rules of Court, Rule 3.1308(a)( 1) for tentative rulings (see Riverside Superior Court Local Rule 3316). Tentative Rulings for each law and motion matter are posted on the internet by 3:00 p.m. on the court day immediately before the hearing at http://riverside.courts.ca.gov/tentativerulings.shtml. If you do not have internet access, you may obtain the tentative ruling by telephone at (760) 904-5722. To request oral argument, you must (1) notify the judicial secretary at (760) 904-5722 and (2) inform all other parties, no later than 4:30 p.m. the court day before the hearing. If no request for oral argument is made by 4:30 p.m., the tentative ruling will become the final ruling on the matter effective the date of the hearing. The filing party shall serve a copy of this notice on all parties. [~,)}lr·· Interpreter services are available upon request. If you need an interpreter, please complete and submit the online Interpreter Request Form (https://riverside.courts.ca.gov/Divisions/lnterpreterlnfo/ri-in007.pdf) or contact the clerk's office and verbally request an interpreter. All requests must be made in advance with as much notice as possible, ~ and prior to the hearing date in order to secure an interpreter. Assistive listening systems, computer-assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) Dated: 05/15/2025 JASON B. GALKIN, Cl-NODACV (Rev. 02/16121) Court Executive Officer/Clerk of the Court by e;bfl:MU A. Skelton, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Palm Springs Courthouse 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262 www.riverside.courts.ca.gov Case Number: CVPS2503166 Case Name: GOTTWALD vs CITY OF PALM DESERT DANE GOTTWALD NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearlna Date Hearina Time Department 11/13/2025 8:30 AM Department PS2 Location of Hearing: 3255 E. Tahauitz Canvon Wav, Palm Sorings, CA 92262 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 161-644-5616 # Access Code: Press the # key (no number after the#) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. Ci-NOCMC (Rev. 03/02/22) (1,n~r·· Interpreter services are available upon request. If you need an interpreter, please complete and submit the online Interpreter Request Form {https://riverside.courts.ca.gov/Divisions/lnterpreterlnfo/ri-in007 .pdf) or contact the clerk's office and verbally request an interpreter. All requests must be made in advance with as much notice as possible, ~ and prior to the hearing date in order to secure an interpreter. Assistive listening systems, computer-assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING 1 certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 05/15/2025 Cl-NOCMC (Rev. 03/02/22) JASON B. GALKIN, Court Executive Officer/Clerk of the Court by c:Av!!:~W A. Skelton, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Palm Springs Courthouse 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262 www.riverside.courts.ca.gov Case Number: CVPS2503166 Case Name: GOTTWALD vs CITY OF PALM DESERT CITY OF PALM DESERT NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: Hearina Date Hearina Time Department 11/13/2025 8:30 AM Department PS2 Location of Hearing: 3255 E. Tahauitz Canvon Wav Palm Springs CA 92262 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. Remote Appearance at Hearing: The court strongly encourages parties and counsel to appear remotely for non evidentiary hearings in civil cases. Pursuant to local rule 3132, persons intending to appear remotely shall notify all opposing parties of their intention to appear remotely before the hearing. Notice may be given informally, including by telephone, email, or text message. To appear remotely, on the day of the hearing, either use your computer, mobile device, or dial (833) 568-8864 (toll free) or (669) 254-5252, when prompted enter: Meeting ID: 161-644-5616 # Access Code: Press the # key (no number after the #) Please MUTE your phone until your case is called, and it is your turn to speak. It is important to note that you must call twenty (20) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. CI-NOCMC (Rev. 03/02/22) [,,,)~r-Interpreter services are available upon request. If you need an interpreter, please complete and submit the online Interpreter Request Form (hltps://riverside.courts.ca.gov/Divisions/lnterpreterlnfo/ri-in007.pdf) or contact the clerk's office and verbally request an interpreter. All requests must be made in advance with as much notice as possible, ~ and prior to the hearing date in order to secure an interpreter. Assistive listening systems, computer-assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence is deposited in the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 05/15/2025 CI-NOCMC (Rev. 03/02122) JASON B. GALKIN, Court Executive Officer/Clerk of the Court by ~b?U A. Skelton, Deputy Clerk Notice has been printed for the following Firm/Attorneys or Parties: CVPS2503 l 66 BOLTON, DAN C. 71-861 HIGHWAY 111 Rancho Mirage, CA 92270 CITY OF PALM DESERT GOTIW ALD, DANE Page 7 of 7 Pages RI-ADROOl-lNFO SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE www.riverside.courts.ca.gov Self-represented parties: https://www.riverside.courts.ca.gov/SelfHelp/self-help.php ALTERNATIVE DISPUTE RESOLUTION (ADR) - INFORMATION PACKAGE *** THE PLAINTIFF MUST SERVE THIS INFORMATION PACKAGE ON EACH PARTY WITH THE COMPLAINT.*** WhatjsADR? Alternative Dispute Resolution (ADR) is a way of solving legal disputes without going to trial. The main types are mediation, arbitration, and settlement conferences. Advantages of APR: 4i. Faster: ADR can be done in a 1-day session within months after filing the complaint. A. Less expensive: Parties can save court costs and attorneys' and witness fees. 8! More control: Parties choose their ADR process and provider. & Less stressful: ADR is done informally in private offices, not public courtrooms. Djsadvantages of APB; "'-No public trial: Parties do not get a decision by a judge or jury. 4i. Costs: Parties may have to pay for both ADR and litigation. Maio Types of ADR: Mediation: In mediation, the mediator listens to each person's concerns, helps them evaluate the strengths and weaknesses of their case, and works with them to create a settlement agreement that is acceptable to everyone. If the parties do not wish to settle the case, they go to trial. Mediation may be appropriate when the parties: "'-want to work out a solution but need help from a neutral person; or 4.l have communication problems or strong emotions that interfere with resolution; or 8J. have a continuing business or personal relationship. Mediation is not appropriate when the parties: r. want their public "day in court" or a judicial determination on points of law or fact; ii lack equal bargaining power or have a history of physical/emotional abuse. Arbitration: Arbitration is less formal than trial, but like trial, the parties present evidence and arguments to the person who decides the outcome. In "binding" arbitration the arbitrator's decision is final; there is no right to trial. In "non-binding" arbitration, any party can request a trial after the arbitrator's decision. The court's mandatory Judicial Arbitration program is non-binding. Adopted for Mandatory Use Riverside Superior Court RI-ADR00l-lNFO [Rev. 06/10/21] Pa e 1 of 2 Arbitration may be appropriate when the parties: ,!$ want to avoid trial, but still want a neutral person to decide the outcome of the case. Arbitration is not appropriate when the parties: £ do not want to risk going through both arbitration and trial (Judicial Arbitration) £ do not want to give up their right to trial (binding arbitration) Settlement Conferences: Settlement conferences are similar to mediation, but the settlement officer usually tries to negotiate an agreement by giving strong opinions about the strengths and weaknesses of the case, its monetary value, and the probable outcome at trial. Settlement conferences often involve attorneys more than the parties and often take place close to the trial date. BIYERSIPE COUNTY SUPERIOR COURT APR REQUIREMENTS ADR Information and forms are posted on the ADR website: https://www.riverside.courts.ca.gov/Divisions/ADR/ADR.php General eoucy: Parties in most general civil cases are expected to participate in an ADR process before requesting a trial date and to participate in a settlement conference before trial. (local Rule 3200) Court-Ordered ADR: Certain cases valued at under $50,000 may be ordered to judicial arbitration or mediation. This order is usually made at the Case Management Conference. See the "Court-Ordered Mediation Information Sheet" on the ADR website for more information. Private ADR (for cases not ordered to arbitration or mediation): Parties schedule and pay for their ADR process without Court involvement. Parties may schedule private ADR at any time; there is no need to wait until the Case Management Conference. See the "Private Mediation Information Sheet'' on the ADR website for more information. BEFORE THE CASE MANAGEMENT CONFERENCE (CMC), ALL PARTIES MUST: 1. Discuss ADR with all parties at least 30 days before the CMC. Discuss: ~ Your preferences for mediation or arbitration. £ Your schedule for discovery (getting the information you need) to make good decisions about settling the case at mediation or presenting your case at an arbitration. 2. File the attached "Stipulation for ADR" along with the Case Management Statement, if all parties can agree. 3. Be prepared to tell the judge your preference for mediation or arbitration and the date when you could complete it. (Local Rule 3218) RIVERSIDE COUNTY ADR PROVIDERS INCLUDE: & The Court's Civil Mediation Panel (available for both Court-Ordered Mediation and Private Mediation). See https://adr.riverside.courts.ca.gov/Home/CivilMedPanel or ask for the list in the civil clerk's office, attorney window. & Riverside County ADR providers funded by DRPA (Dispute Resolution Program Act): Dispute Resolution Service (DRS) Riverside County Bar Association: (951 ) 682-101 5 Dispute Resolution Center, Community Action Partnership (CAP): (951) 955-4900 Chapman University School of Law Mediation Clinic (services only available at the court) Adopted for Mandatory Use Riverside Superior Court RI-ADROOl-lNFO {Rev. 06/10/21] Pa e 2 of 2 SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE 0 MURRIETA 30755-D Auld Rd., Murrieta, CA 92563 0 BLYTHE 265 N. Broadway, Blythe, CA 92225 0 CORONA 505 S. Buena Vista, Rm. 201, Corona, CA 92882 0 PALM SPRINGS 3255 Tahquitz Canyon Way, Palm Springs, CA 92262 0 0 MENIFFEE 24701 Menifee Center Drive, Menifee, CA 92584 MORENO VALLEY 13800 Heacock St. #D201, Moreno Valley ATTORNEY OR PARTY WITHOUT ATTORNEY (Na,,,.., Stat& Bar Number and Address) TELEPHONE NO: FAX NO. /Op/jonal}: E-MAIL ADDRESS (OplionaQ: ATTORNEY FOR (Namtt): PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 0 RIVERSIDE 4050 Main St., Riverside, CA 92501 RI-ADR001 '"'"'-..,,,_, CASE NUMBER: CASE MANAGEMENT t;UNFERENCE DATE(S}: STIPULATION FOR ALTERNATIVE DISPUTE RESOLUTION (ADR) (CRC 3.2221; Local Rule, Title 3, Division 2) Court-Ordered ADR: Eligibility for Court-Ordered Mediation or Judicial Arbitration will be determined at the Case Management Conference. If eligible, the parties agree to participate in: 0 Mediation D Judicial Arbitration (non-binding} Private ADR: If the case is not eligible for Court-Ordered Mediation or Judicial Arbitration, the parties agree to participate in the following ADR process, which they will arrange and pay for without court involvement: D Mediation D Judicial Arbitration (non-binding) D Binding Arbitration O Other (describe): Proposed date to complete ADR: SUBMIT THIS FORM ALONG WITH THE CASE MANAGEMENT STATEMENT. ~INT NAME OF PARTY OR ATTORNEY) U Plaintiff D Defendant ~INT NAME OF PARTY OR ATTORNEY) U Plaintiff D Defendant ~INT NAME OF PARTY OR ATTORNEY) U Plaintiff D Defendant ~INT NAME OF PARTY OR ATTORNEY) LJ Plaintiff D Defendant (SIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) Adopted for Mandatory Use Riverside Superior Court Foon RI-ADR001 [Rev. 01/01/12] !Reformatted 07/08/24) ALTERNATIVE DISPUTE RESOLUTION (ADR) STIPULATION (DATE) (DATE) (DATE) (DATE) Pae1of1 riverside.courts.ca.gov From:Glen Raphael To:Damian Olivares Cc:Tim Varon Subject:Closing Report RE: CJP-3052956 - Dane Gottwald - PALM DESERT Date:Wednesday, March 19, 2025 11:56:23 AM Attachments:We sent you safe versions of your files.msgCJP-3052956 GRV signed POS.pdf Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Good Morning, I will be closing this file, attached is a copy of the rejection. Closing Report Date, Time, Location: 7/28/2024. 2:45pm. behind 73745 Shadow Lakes Drive, Palm Desert Claimant(s): Dane Gottwald Attorney: Walter Clark Legal Group Event: Claimant was riding his scooter down a pathway (storm gutter/drainage system) behind 73745 Shadow Lakes Dr and struck an “unmarked curb/elevated piece of concrete in the pathway” and sustained injuries. Claimant alleges The unmarked curb/elevated piece of concrete was approximately 3 ½ inches high, 6 inches wide, and 60 inches long, extending across over half of the walkway, as the walkway is approximately 116 inches wide. Liability Review: Favorable. The “condition” is open and obvious, and the gutter was being used for an unintended purpose. Additionally, if the cross gutter meets the standard then the provided plans suggest a design immunity defense is viable. An adverse argument is the there was no signage around the gutter. Current Status: Closing file. If we get a lawsuit before the statute runs, we can reopen the file and defend it. Glen Raphael Senior Claims ExaminerGRaphael@carlwarren.comTel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook CompanyCA Entity License No: 2607296www.carlwarren.com175 N Riverview Drive, Unit A, Anaheim, California, 92808 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential,proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified have received this email in error, please delete it from your system and advise the sender immediately.Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, orfacsimile until confirmed in writing by an authorized representative of this office. We accept noliability for any damage caused by any virus transmitted by this email. It is your responsibility tocheck this email (including any attachments) for viruses. From: Glen Raphael <GRaphael@carlwarren.com> Sent: Monday, March 10, 2025 5:30 PM To: Damian Oliares (dolivares@palmdesert.gov) <dolivares@palmdesert.gov> Cc: Tim Varon <TVaron@carlwarren.com> Subject: CJP-3052956 - Dane Gottwald - PALM DESERT Good evening, No developments to report at this time as the claimant’s attorney has been unresponsive. Tim, I recommend we reject the claim at this time based on the favorable arguments at present. Please advise DIARY REVIEW Date, Time, Location: 7/28/2024. 2:45pm. behind 73745 Shadow Lakes Drive, Palm Desert, Event: Claimant was riding his scooter down a pathway (storm gutter/drainage system) behind 73745 Shadow Lakes Dr and struck an “unmarked curb/elevated piece of concrete in the pathway” and sustained injuries. Claimant alleges The unmarked curb/elevated piece of concrete was approximately 3 ½ inches high, 6 inches wide, and 60 inches long, extending across over half of the walkway, as the walkway is approximately 116 inches wide. Claimant: Dane Gottwald Attorney: Walter Clark Legal Group Statute of Limitations: 7/28/2026 Action plan items from last review and status: City responses confirmed: · The channel is City owns and maintains and No other entities control this location. · There is no history of complaints per the Public Works Department and City Clerk Office · Signed, as-built plans received, documenting the “cross gutter” per county of riverside standard 3209 12/13/24 a scene investigation was completed: The gutter is approximately 197 feet long from a security fence that goes across it to the large drain where the water in the gutter is being directed. The storm gutter does continue under the wrought iron fence into a gated community. Approximately 72 feet from the drain/street, there is a 5-foot-long raised curb that is 6 inches wide and 3.5 inches high. The curb appears to be in place to divert water to the west side of the storm gutter, so it travels into the drain and not the street. The storm gutter is 9 feet 7 inches wide along its entire route. There is no signage around the gutter. The gutter is not a “pathway” and ends at the fence to its south. The gutter leads to nowhere and could not be used as a path to anywhere. To the west of the gutter is wrought iron fence and to the east of the gutter is the side yard of 73745 Shadow Lakes Dr., Palm Desert, CA 92260. The storm gutter opens to the street on the north end. Coverage: Confirmed under the MOC Liability Review: Favorable. The “condition” is open and obvious, and the gutter was being used for an unintended purpose. Additionally, if the cross gutter meets the standard then the provided plans suggest a design immunity defense is viable. An adverse argument is the there was no signage around the gutter. Damages Review – Property Damage: Injuries: Unspecified injuries Treatment: Unknown at present Submitted Medical Bills: None Considered: Unknown at present Residuals: Unknown at present Loss of Earnings Alleged: Unknown at present Medicare Eligible: Unknown at present, index information not included Reserve Review: $50,000.00 Updated Action Plan: Pending response from claimant’s attorney to obtain a statement, confirm the claimant’s date of birth, injury diagnosis, and status of treatment. · Index the Claimant in the ISO system. · Once fact development is complete, assess liability and resolve any exposures accordingly Subrogation Referral: n/a Glen Raphael Senior Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com 175 N Riverview Drive, Unit A, Anaheim, California, 92808 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From:Glen Raphael To:Damian Olivares Cc:Tim Varon Subject:CJP-3052956 - Dane Gottwald - PALM DESERT Date:Monday, March 10, 2025 5:29:50 PM Good evening, No developments to report at this time as the claimant’s attorney has been unresponsive. Tim, I recommend we reject the claim at this time based on the favorable arguments at present. Please advise DIARY REVIEW Date, Time, Location: 7/28/2024. 2:45pm. behind 73745 Shadow Lakes Drive, Palm Desert, Event: Claimant was riding his scooter down a pathway (storm gutter/drainage system) behind 73745 Shadow Lakes Dr and struck an “unmarked curb/elevated piece of concrete in the pathway” and sustained injuries. Claimant alleges The unmarked curb/elevated piece of concrete was approximately 3 ½ inches high, 6 inches wide, and 60 inches long, extending across over half of the walkway, as the walkway is approximately 116 inches wide. Claimant: Dane Gottwald Attorney: Walter Clark Legal Group Statute of Limitations: 7/28/2026 Action plan items from last review and status: City responses confirmed: · The channel is City owns and maintains and No other entities control this location. · There is no history of complaints per the Public Works Department and City Clerk Office · Signed, as-built plans received, documenting the “cross gutter” per county of riverside standard 3209 12/13/24 a scene investigation was completed: The gutter is approximately 197 feet long from a security fence that goes across it to the large drain where the water in the gutter is being directed. The storm gutter does continue under the wrought iron fence into a gated community. Approximately 72 feet from the drain/street, there is a 5-foot-long raised curb that is 6 inches wide and 3.5 inches high. The curb appears to be in place to divert water to the west side of the storm gutter, so it travels into the drain and not the street. The storm gutter is 9 feet 7 inches wide along its entire route. There is no signage around the gutter. The gutter is not a “pathway” and ends at the fence to its south. The gutter leads to nowhere and could not be used as a path to anywhere. To the west of the gutter is wrought iron fence and to the east of the gutter is the side yard of 73745 Shadow Lakes Dr., Palm Desert, CA 92260. The storm gutter opens to the street on the north end. Coverage: Confirmed under the MOC Liability Review: Favorable. The “condition” is open and obvious, and the gutter was being used for an unintended purpose. Additionally, if the cross gutter meets the standard then the provided plans suggest a design immunity defense is viable. An adverse argument is the there was no signage around the gutter. Damages Review – Property Damage: Injuries: Unspecified injuries Treatment: Unknown at present Submitted Medical Bills: None Considered: Unknown at present Residuals: Unknown at present Loss of Earnings Alleged: Unknown at present Medicare Eligible: Unknown at present, index information not included Reserve Review: $50,000.00 Updated Action Plan: Pending response from claimant’s attorney to obtain a statement, confirm the claimant’s date of birth, injury diagnosis, and status of treatment. · Index the Claimant in the ISO system. · Once fact development is complete, assess liability and resolve any exposures accordingly Subrogation Referral: n/a Glen Raphael Senior Claims Examiner GRaphael@carlwarren.comTel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company, LLCCA Entity License No: 2607296www.carlwarren.com175 N Riverview Drive, Unit A, Anaheim, California, 92808 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of theindividual or entity to which it is addressed, and may contain information that is confidential,proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified have received this email in error, please delete it from your system and advise the sender immediately.Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, orfacsimile until confirmed in writing by an authorized representative of this office. We accept noliability for any damage caused by any virus transmitted by this email. It is your responsibility to From:Glen RaphaelTo:Damian Olivares Cc:Tim VaronSubject:DIARY REVIEW CJP-3052956 FW: Claim Against the City of Palm Desert - 947 - Dane Gottwald Date:Monday, January 6, 2025 1:40:17 PMAttachments:image001.pngimage002.png Good Afternoon, Below is the current status and review of this claim Best Regards DIARY REVIEW Date, Time, Location: 7/28/2024. 2:45pm. behind 73745 Shadow Lakes Drive, Palm Desert, Event: Claimant was riding his scooter down a pathway (storm gutter/drainage system) behind 73745 Shadow Lakes Dr and struck an “unmarked curb/elevated piece of concrete in the pathway” and sustained injuries. Claimant alleges The unmarked curb/elevated piece of concrete was approximately 3 ½ inches high, 6 inches wide, and 60 inches long, extending across over half of the walkway, as the walkway is approximately 116 inches wide. Claimant: Dane Gottwald Attorney: Walter Clark Legal Group Statute of Limitations: 7/28/2026 Action plan items from last review and status: 1. City responses confirmed: The channel is City owns and maintains and No other entities control this location. There is no history of complaints per the Public Works Department and City Clerk Office Signed, as-built plans received, documenting the “cross gutter” per county of riverside standard 3209 2. Pending response from claimant’s attorney to confirm the claimant’s date of birth, injury diagnosis, and status of treatment. 3. 12/13/24 a scene investigation was completed. The gutter is approximately 197 feet long from a security fence that goes across it to the large drain where the water in the gutter is being directed. The storm gutter does continue under the wrought iron fence into a gated community. Approximately 72 feet from the drain/street, there is a 5-foot-long raised curb that is 6 inches wide and 3.5 inches high. The curb appears to be in place to divert water to the west side of the storm gutter, so it travels into the drain and not the street. The storm gutter is 9 feet 7 inches wide along it’s entire route. There is no signage around the gutter. The gutter is not a “pathway” and ends at the fence to its south. The gutter leads to nowhere and could not be used as a path to anywhere. To the west of the gutter is wrought iron fence and to the east of the gutter is the side yard of 73745 Shadow Lakes Dr., Palm Desert, CA 92260. The storm gutter opens to the street on the north end. Coverage: Confirmed under the MOC Liability Review: Favorable. The “condition” is open and obvious, and the gutter was being used for an unintended purpose. Additionally, if the cross gutter meets the standard then the provided plans suggest a design immunity defense is viable. Damages Review – Property Damage: Injuries: Unspecified injuries Treatment: Unknown at present Submitted Medical Bills: None Considered: Unknown at present Residuals: Unknown at present Loss of Earnings Alleged: Unknown at present Medicare Eligible: Unknown at present, index information not included Reserve Review: $50,000.00 Updated Action Plan: Obtain a Recorded Interview with the Claimant. Verify the index information for the Claimant. Index the Claimant in the ISO system. Confirm if the Claimant is Medicare eligible and note it in the file. Once fact development is complete, assess liability and resolve any exposures accordingly Subrogation Referral: n/a Glen RaphaelSr Claims ExaminerGRaphael@carlwarren.comTel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company, LLCCA Entity License No: 2607296www.carlwarren.comPO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of theindividual or entity to which it is addressed, and may contain information that is confidential,proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notifiedthat any use, dissemination, distribution, or copying of this communication is strictly prohibited. If youhave received this email in error, please delete it from your system and advise the sender immediately.Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, orfacsimile until confirmed in writing by an authorized representative of this office. We accept noliability for any damage caused by any virus transmitted by this email. It is your responsibility tocheck this email (including any attachments) for viruses. From:Damian OlivaresTo:Glen Raphael Subject:RE: CJP-3052956 FW: Claim Against the City of Palm Desert - 947 - Dane GottwaldDate:Monday, January 6, 2025 11:40:00 AM Attachments:image001.pngimage002.pngimage003.pngimage005.pngimage006.pngimage007.pngimage008.pngimage009.pngimage010.pngimage011.png Good morning and Happy New Year, Staff has provided the following Please let me know if any additional information is needed. Thanks, From: Glen Raphael <GRaphael@carlwarren.com> Sent: Tuesday, December 17, 2024 11:36 AM To: Damian Olivares <dolivares@palmdesert.gov>; Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: RE: CJP-3052956 FW: Claim Against the City of Palm Desert - 947 - Dane Gottwald Thank you Damain, I’m went over the legend provided for the “drainage channel details”. Can the PMK “point out” the specific notes/markings that concern the subject curb extending across the channel? Thank you Glen Raphael Sr Claims Examiner GR ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ CGBANNERINDICATORMimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Thank you Damain, I’m went over the legend provided for the “drainage channel details”. Can the PMK “point out” the specific notes/markings that concern the subject curb extending across the channel? Thank you Glen Raphael Sr Claims ExaminerGRaphael@carlwarren.comTel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook Company CA Entity License No: 2607296www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of theindividual or entity to which it is addressed, and may contain information that is confidential,proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notifiedthat any use, dissemination, distribution, or copying of this communication is strictly prohibited. If youhave received this email in error, please delete it from your system and advise the sender immediately.Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, orfacsimile until confirmed in writing by an authorized representative of this office. We accept noliability for any damage caused by any virus transmitted by this email. It is your responsibility tocheck this email (including any attachments) for viruses. From: Damian Olivares <dolivares@palmdesert.gov> Sent: Tuesday, December 17, 2024 9:54 AM To: Glen Raphael <GRaphael@carlwarren.com>; Gloria Sanchez <gsanchez@palmdesert.gov> From:Damian Olivares To:Glen Raphael; Gloria Sanchez Cc:Andrea Staehle; Amber Molina; Tim Varon Subject:RE: CJP-3052956 FW: Claim Against the City of Palm Desert - 947 - Dane Gottwald Date:Tuesday, December 17, 2024 9:53:00 AM Attachments:E SHADOW MOUNTAIN PARK ESTATES 1.pdfE tr 5277-2.pdf E-265.pdfimage001.pngimage003.pngimage004.pngimage005.pngimage006.pngimage007.pngimage008.pngimage009.pngimage010.png Good morning everyone – Please see staffs’ response: Does the City solely own and maintain the location? Yes, the City is responsible for the right of way. If not, who does? Are there recorded easements? The recorded right of way documents are attached. Do multiple entities share the location? No Does the location have a documented history of complaints by residents? If so, what were they and what was done in response? Please provide copies of any records regarding same. There is no history of complaints received by the Public Works Department or City Clerk Office Are signed, as-built plans available for this location. If so, please provide copies of them. See attached. Please let me know if there is any additional information needed. Thanks, From: Glen Raphael <GRaphael@carlwarren.com> Sent: Tuesday, December 17, 2024 9:37 AM To: Gloria Sanchez <gsanchez@palmdesert.gov>; Damian Olivares <dolivares@palmdesert.gov> Cc: Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov>; Tim Varon <TVaron@carlwarren.com> Subject: RE: CJP-3052956 FW: Claim Against the City of Palm Desert - 947 - Dane Gottwald Good Morning, The inspection was completed. Please provide the requested when available. Thank you Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook Company CA Entity License No: 260729 ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ CGBANNERINDICATOR Good Morning, The inspection was completed. Please provide the requested when available. Thank you Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook Company CA Entity License No: 2607296www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of theindividual or entity to which it is addressed, and may contain information that is confidential,proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified have received this email in error, please delete it from your system and advise the sender immediately.Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, orfacsimile until confirmed in writing by an authorized representative of this office. We accept noliability for any damage caused by any virus transmitted by this email. It is your responsibility tocheck this email (including any attachments) for viruses. From: Glen Raphael <GRaphael@carlwarren.com> Sent: Tuesday, December 10, 2024 3:11 PM To: Gloria Sanchez (gsanchez@palmdesert.gov) <gsanchez@palmdesert.gov>; Damian Oliares (dolivares@palmdesert.gov) <dolivares@palmdesert.gov> Cc: Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov>; Tim Varon <TVaron@carlwarren.com> Subject: CJP-3052956 FW: Claim Against the City of Palm Desert - 947 - Dane Gottwald Hello all, I understand the City is looking to install improvements such as a barrier and signage as soon as possible. I am scheduling an inspection to document what the location looks like before the alterations. I will notify you as soon as possible when complete so the City can proceed. In the meantime, please address the following: · Does the City solely own and maintain the location? If not, who does? Are there recorded easements? Do multiple entities share the location? · Does the location have a documented history of complaints by residents? If so, what were they and what was done in response? Please provide copies of any records regarding same. · Are signed, as-built plans available for this location. If so, please provide copies of them. Thank you Glen Raphael Sr Claims Examiner GRaphael@carlwarren.com Tel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From:Glen Raphael To:Gloria Sanchez; Damian Olivares Cc:Andrea Staehle; Amber Molina; Tim Varon Subject:CJP-3052956 FW: Claim Against the City of Palm Desert - 947 - Dane Gottwald Date:Tuesday, December 10, 2024 3:11:56 PM Attachments:image001.pngimage002.pngimage003.pngimage004.pngimage005.png image006.pngimage007.pngimage008.pngimage010.pngWe sent you safe versions of your files.msg 2024 12 04 Attachment to City of Palm Desert Gov Claim.pdf3052956 JAN2021 google image .png Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hello all, I understand the City is looking to install improvements such as a barrier and signage as soon as possible. I am scheduling an inspection to document what the location looks like before the alterations. I will notify you as soon as possible when complete so the City can proceed. In the meantime, please address the following: Does the City solely own and maintain the location? If not, who does? Are there recorded easements? Do multiple entities share the location? Does the location have a documented history of complaints by residents? If so, what were they and what was done in response? Please provide copies of any records regarding same. Are signed, as-built plans available for this location. If so, please provide copies of them. Thank you Glen Raphael Sr Claims Examiner GRaphael@carlwarren.comTel: (657) 622-4315 | Fax: (866) 254-4423 Carl Warren & Company, LLCCA Entity License No: 2607296www.carlwarren.comPO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of theindividual or entity to which it is addressed, and may contain information that is confidential,proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified have received this email in error, please delete it from your system and advise the sender immediately.Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, orfacsimile until confirmed in writing by an authorized representative of this office. We accept noliability for any damage caused by any virus transmitted by this email. It is your responsibility tocheck this email (including any attachments) for viruses. From: Paul Zeglovitch <pzeglovitch@cjpia.org> Sent: Monday, December 9, 2024 6:33 PM To: Amber Molina <amolina@palmdesert.gov>; Abraham Han <ahan@cjpia.org> Cc: Alex Mellor <amellor@cjpia.org>; Glen Raphael <GRaphael@carlwarren.com> Subject: RE: Claim Against the City of Palm Desert - 947 - Dane Gottwald Hi All, I checked the Carl Warren system and the claim was just received by them on Friday and assigned to Glen Raphael, who I have copied. I don’t have an objection to installing improvements if the city believes they are warranted per some type of standards. We should, however fully document what the location looks like before the alterations and I will leave that part up to Glen to coordinate. Thanks. Paul Zeglovitch Claims & Insurance Director California Joint Powers Insurance Authority8081 Moody Street, La Palma, CA 90623 t (562) 467-8786 c (562) 631-4111 cjpia.org From: Amber Molina <amolina@palmdesert.gov> Sent: Monday, December 9, 2024 4:04 PM To: Abraham Han <ahan@cjpia.org> Cc: Paul Zeglovitch <pzeglovitch@cjpia.org>; Alex Mellor <amellor@cjpia.org> Subject: RE: Claim Against the City of Palm Desert - 947 - Dane Gottwald *CAUTION: External Sender. Do not click links or open attachments unless you recognize thesender and know the content is safe.* I am going to check-in with our team who files claims against the City, but I haven’t seen any info. from Carl Warren regarding this claim. Amber C. Molina Human Resources Analyst City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 amolina@palmdesert.gov | 760.776.6325 | www.palmdesert.gov From: Abraham Han <ahan@cjpia.org> Sent: Monday, December 9, 2024 3:46 PM To: Amber Molina <amolina@palmdesert.gov> Cc: Paul Zeglovitch <pzeglovitch@cjpia.org>; Alex Mellor <amellor@cjpia.org> Subject: RE: Claim Against the City of Palm Desert - 947 - Dane Gottwald Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hi Amber, I hope you are doing well. Did Tim Varon or anyone else from Carl Warren have any thoughts on this? I am also looping in Paul and Alex to see if either of them has any guidance/thoughts. Thanks, Abraham Han Senior Risk Manager California Joint Powers Insurance Authority 8081 Moody Street, La Palma, CA 90623 t (562) 467-8778 c (562) 455-9840 cjpia.org From: Amber Molina <amolina@palmdesert.gov> Sent: Monday, December 9, 2024 12:22 PM To: Abraham Han <ahan@cjpia.org> Subject: FW: Claim Against the City of Palm Desert - 947 - Dane Gottwald *CAUTION: External Sender. Do not click links or open attachments unless you recognize thesender and know the content is safe.* Hi Abe, We received the attached claim against the City and the Streets Team is prepared to install barriers in the drainage channel that will be similar to the ones in the photo below. Can the City move forward with barrier and signage installation as soon as possible or should we wait for the claim process to complete. Thank you, Amber C. Molina Human Resources Analyst City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 amolina@palmdesert.gov | 760.776.6325 | www.palmdesert.gov From: Randy Chavez <rchavez@palmdesert.gov> Sent: Monday, December 9, 2024 11:37 AM To: Amber Molina <amolina@palmdesert.gov> Cc: Andrea Staehle <astaehle@palmdesert.gov> Subject: Fw: Claim Against the City of Palm Desert - 947 - Dane Gottwald Get Outlook for iOS Randy Chavez Deputy Director of Public Works City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 rchavez@palmdesert.gov | 760.776.6462 | www.palmdesert.gov From: Randy Chavez Sent: Monday, December 9, 2024 11:26:30 AM To: David Reyes <dreyes@palmdesert.gov> Cc: Brad Chuck <bchuck@palmdesert.gov>; Ryan Gayler <rgayler@palmdesert.gov>; Anthony Mejia <amejia@palmdesert.gov> Subject: FW: Claim Against the City of Palm Desert - 947 - Dane Gottwald Hi David, We received a claim from an individual who tripped in the drainage channel on Shadow Lakes Drive. Would it be possible to install a barrier and possible a sign indicating that the area is not a walkway or path? Please let me know if you have any questions. Thanks From: Ryan Gayler <rgayler@palmdesert.gov> Sent: Friday, December 6, 2024 3:29 PM To: Randy Chavez <rchavez@palmdesert.gov> Subject: FW: Claim Against the City of Palm Desert - 947 - Dane Gottwald Hi Randy, Do you think we should install a barricade (see below) and signage to keep people out of the drainage area? It is hard to believe that someone would think that was a sidewalk, but I guess we have to make it super obvious. rg Ryan Gayler Capital Projects Manager City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 rgayler@palmdesert.gov | 760.776.6393 | www.palmdesert.gov From: Randy Chavez <rchavez@palmdesert.gov> Sent: Friday, December 6, 2024 1:27 PM To: Anthony Mejia <amejia@palmdesert.gov>; Martin Alvarez <malvarez@palmdesert.gov> Cc: Andrea Staehle <astaehle@palmdesert.gov>; Ryan Gayler <rgayler@palmdesert.gov>; Brad Chuck <bchuck@palmdesert.gov> Subject: RE: Claim Against the City of Palm Desert - 947 - Dane Gottwald Thanks Anthony, We’ll look into this. Randy Chavez Deputy Director of Public Works City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 rchavez@palmdesert.gov | 760.776.6462 | www.palmdesert.gov From: Anthony Mejia <amejia@palmdesert.gov> Sent: Friday, December 6, 2024 12:36 PM To: Martin Alvarez <malvarez@palmdesert.gov>; Randy Chavez <rchavez@palmdesert.gov> Cc: Andrea Staehle <astaehle@palmdesert.gov> Subject: FW: Claim Against the City of Palm Desert - 947 - Dane Gottwald Gentlemen: Forwarding this claim so you can check out the location and repair the sidewalk if not already done. Anthony Mejia City Clerk City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 amejia@palmdesert.gov | 760.776.6304 | www.palmdesert.gov From: dolivares@palmdesert.gov <dolivares@palmdesert.gov> Sent: Friday, December 6, 2024 8:27 AM To: Todd Hileman <thileman@palmdesert.gov>; Isra Shah <isra.shah@bbklaw.com>; cjpia@carlwarren.com Cc: Chris Escobedo <cescobedo@palmdesert.gov>; Anthony Mejia <amejia@palmdesert.gov>; Andrea Staehle <astaehle@palmdesert.gov>; tvaron@carlwarren.com Subject: Claim Against the City of Palm Desert - 947 - Dane Gottwald Attached for your review and appropriate action is Claim No. 947 submitted by Dane Gottwald. If you have questions or need additional information, please do not hesitate to contact me. Kind regards, City of Palm Desert Clerk's Office Some people who received this message don't often get email from dolivares@palmdesert.gov. Learn why this is important Sent: Friday, December 6, 2024 8:27 AM To: thileman@palmdesert.gov; isra.shah@bbklaw.com; cjpia Claims <cjpia@carlwarren.com> Cc: cescobedo@palmdesert.gov; amejia@palmdesert.gov; astaehle@palmdesert.gov; Tim Varon <TVaron@carlwarren.com> Subject: CJP-3052956 - City of Palm Desert - 947 - Dane Gottwald Attached for your review and appropriate action is Claim No. 947 submitted by Dane Gottwald. If you have questions or need additional information, please do not hesitate to contact me. Kind regards, City of Palm Desert Clerk's Office From:Tim Varon To:Gloria Sanchez; Damian Olivares Cc:Glen Raphael; Andrea Staehle; Amber Molina Subject:FW: CJP-3052956 - City of Palm Desert - 947 - Dane Gottwald Date:Friday, December 6, 2024 3:53:00 PM Attachments:We sent you safe versions of your files.msgClaim Against the City of Palm Desert For Damage(s.pdf2024 12 04 Attachment to City of Palm Desert Gov Claim.pdf20241206 Gottwald Palm Desert NOTIFICATION LETTER CJP-3052956.pdf Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hi Gloria, Please find attached a copy of our Notification Letter for your records. Have a great weekend! Tim Tim Varon Claims SupervisorTVaron@carlwarren.comTel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company, LLCCA Entity License No: 2607296www.carlwarren.comPO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of theindividual or entity to which it is addressed, and may contain information that is confidential,proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified have received this email in error, please delete it from your system and advise the sender immediately.Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, orfacsimile until confirmed in writing by an authorized representative of this office. We accept noliability for any damage caused by any virus transmitted by this email. It is your responsibility tocheck this email (including any attachments) for viruses. From: dolivares@palmdesert.gov <dolivares@palmdesert.gov> PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 December 6, 2024 Walter Clark Legal Group Attn: Dan C. Bolton 71861 Highway 111 Rancho Mirage, CA 92270 RE: Claimant : Dane Gottwald Date of Loss : 7/28/24 Claim Filing Date : 12/6/24 Our File Number : CJP-3052956 GRV Carl Warren & Company is the claims management company for the City of Palm Desert. The above-captioned claim has been assigned to Glen Raphael for handling. Mr. Raphael may be reached at 657-622-4315. When our investigation is complete, we will advise you as to whether or not we can recommend settlement. Very Truly Yours, CARL WARREN & CO. Timothy M. Varon Timothy M. Varon Claims Supervisor cc: Member Agency: City of Palm Desert, attn:Gloria Sanchez From:dolivares@palmdesert.gov To:Todd Hileman; Isra Shah; cjpia@carlwarren.com Cc:Chris Escobedo; Anthony Mejia; Andrea Staehle; tvaron@carlwarren.com Subject:Claim Against the City of Palm Desert - 947 - Dane Gottwald Date:Friday, December 6, 2024 8:26:57 AM Attachments:Claim Against the City of Palm Desert For Damage(s.pdf2024 12 04 Attachment to City of Palm Desert Gov Claim.pdf Attached for your review and appropriate action is Claim No. 947 submitted by DaneGottwald. If you have questions or need additional information, please do not hesitate to contactme. Kind regards, City of Palm Desert Clerk's Office Claim Against the City of Palm Desert For Damage(s) to Person(s) or Personal Property Instructions: Please ﬁll out this form completely. Failure to provide suﬃcient information may result in delays in claim processing. If you need an accommodation to complete or submit this form, please contact the City Clerk's Oﬃce Claims Coordinator at cityclerk@palmdesert.gov or (760) 346-0611. Important Information: 1. Claims for death, injury to person or to personal property must be ﬁ led no later than six(6) months after the occurrence. 2. Claims for damages to real property must be ﬁ led no later than one (1) year after theoccurrence. See California Government Code §911.2. 3. Be sure claim is against the City of Palm Desert, not another public entity. 4. Claimant is advised to consult a private attorney if legal advice is desired. No employeeof the City may give legal advice to any claimant relating to private claims. Instrucciones: Complete este formulario en su totalidad. Si no brinda informaciónsuﬁ ciente, pueden producirse demoras en el procesamiento del reclamo. Si necesita algunaacomodación para completar o enviar este formulario, comuníquese con el Coordinador deADA a la dirección de correo electrónico cityclerk@palmdesert.gov o al teléfono (760) 346-0611. Información importante: 1. Los reclamos por muerte, lesiones personales o daños a la propiedad debenpresentarse a más tardar seis (6) meses después de haberse producido el hecho. 2. Los reclamos por daños a bienes inmuebles deben presentarse a más tardar un (1) añodespués de haberse producido el hecho. (Consulte §911.2 del Código de Gobierno). 3. Asegúrese de dirigir su reclamo a la ciudad de Palm Springs, no a otro organismopúblico. 4. Se aconseja a los reclamantes consultar con un abogado privado si así lo desean.Ningún empleado de la ciudad puede. Claimant First Name Dane Claimant Last Name Gottwald Home Address / Domicilio Street Address 45820 Mountain View Avenue Address Line 2 City Palm Desert State/Province/Region CA Postal/Zip Code 92260 Country United States Preferred Phone Number / Número de teléfono preferido 760-862-9254 Email / Correo electrónico jgordon@walterclark.com Are you currently represented by an attorney? / ¿Está actualmenterepresentado por un abogado? Yes No If represented by an attorney, provide name / Si cuenta con la representación de un abogado, indique su nombre Dan C. Bolton Attorney Phone / Número de teléfono del abogado 760-862-9254 Attorney Email / Correo electrónico del abogado jgordon@walterclark.com Attorney Address / dirección postal del abogado Street Address 71861 Highway 111 Address Line 2 Walter Clark Legal Group City Rancho Mirage State/Province/Region CA Postal/Zip Code 92270 Country United States Date and time of damage/injury/loss - Fecha y hora deldaño/lesión/pérdida 07/28/2024 02:45:00 PM Did any other person experience an injury/damage/loss? - ¿Alguna otrapersona experimentó una lesión/daño/pérdida? Yes No Are there any witnesses? - ¿Hay algún testigo? Yes No Witness Name Karen Gottwald Witness Phone Number 760-636-3359 Witness E-mail Address karengottwald0512@gmail.com Location of damage/injury/loss (if known, include speciﬁc address) - Lugar donde se produjo el daño, la lesión o la pérdida (si conoce el domicilio especíﬁco, indíquelo) See attachment. Provide a general description of the damage/injury/loss as the time of this claim - Describa el daño, la lesión o la pérdida al momento de este reclamo See attachment. Specify how the damage/injury/loss occurred - Especiﬁque cómo se produjo el daño, la lesión o la pérdida See attachment. Were paramedics/ambulance called? / ¿Se llamó a los paramédicos/ambulancia? Yes No Did you seek medical treatment? / ¿Buscaste tratamiento médico? Yes No Names and addresses of all physicians or hospitals where claimant was treated - Nombre y domicilio de los médicos u hospitales donde el reclamante recibió tratamiento See attachment. What particular action/omission by the City, or its employee(s) caused the damage/injury/loss? - ¿Qué acción u omisión especíﬁca de la ciudad o sus empleados ocasionaron el daño, la lesión o la pérdida? See attachment. Provide the name of the City employee involved in the damage/injury/loss, if known - Si lo conoce, indique el nombre de los empleados de la ciudad involucrados en el daño, la lesión o la pérdida See attachment. Was a police report ﬁled? / ¿Se presentó un informe policial? Yes No Any additional information that might be helpful in considering claim / Cualquier información adicional que pueda ser útil al considerar el reclamo: See attachment. DAMAGES CLAIMED - If the amount claimed exceeds $10,000, it is not required that a dollar amount be provided. However, your claim must indicate whether it would be a Limited Civil Case. A Limited Civil Case is one where the recovery sought, exclusive of attorney fees, interest, and court costs, does not exceed $25,000. An Unlimited Civil Case is one in which the recovery sought is more than $25,000. / Si el monto reclamado supera los $10.000, no es necesario indicar el importe en dólares. Sin embargo, el reclamo debe indicar si se trataría de una Acción civil limitada. Una acción civil limitada es una acción en la que el resarcimiento pretendido no supera los $25.000, sin incluir honorarios de abogados, intereses y costas del tribunal. En una acción civil sin límite, el resarcimiento pretendido supera los $25.000. Limited Civil Case (damages between $10,000 to $25,000) - Acción civil limitada (los daños ascienden a $10.000 - $25.000) Unlimited Civil Case (damages exceed $25,000) - Acción civil sin límite (los daños superan los $25.000) Claimed totals less than $10,000 / Total reclamado menos de $10,000 Basis for Computation of amount claimed (include estimate/bills as an attachment, if possible) - Base para el cálculo del monto reclamado (incluya estimaciones/facturas como anexo, si es posible) See attachment. Document Uploads 2024 12 04 Attachment to City of Palm Desert Gov Cl aim.pdf 194.46KB Picture Uploads WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM. (CALIFORNIA PENAL CODE 72 AND CALIFORNIA INSURANCE CODE) I hereby certify under penalty of perjury that the facts hereinabove set forth are true and correct to the best of my knowledge. / ADVERTENCIA: ES UN DELITO PENAL PRESENTAR UNA RECLAMACIÓN FALSA. (CÓDIGO PENAL DE CALIFORNIA 72 Y CÓDIGO DE SEGUROS DE CALIFORNIA) Por la presente certiﬁco bajo pena de perjurio que los hechos establecidos anteriormente son verdaderos y correctos a mi leal saber y entender. Signature Signee Date 12/04/2024 Assigned Claim Number 947 Signature Date 12/06/2024 Additional Information (If Necessary) File Upload Page 1 of 3 Attachment to Claim Against the City of Palm Desert for Damages to Person Location of damage/injury/loss (if known, include specific address): The City of Palm Desert owned, managed, maintained, and controlled the premises where claimant was injured, specifically the pathway, behind 73745 Shadow Lakes Drive, Palm Desert, California, and behind 73721 Club Circle Drive, Palm Desert, California (hereafter “PREMISES”). The PREMISES were in a dangerous condition at the time of this incident. The dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred. Provide a general description of the damage/injury/loss as the time of this claim: As a proximate and legal result of the dangerous condition of the public property, and/or the City of Palm Desert, and its employees, agents, and/or independent contractors actions and/or omissions, as described above, Claimant was hurt and injured to his health, strength and activity, sustaining injury to his body and shock to his nervous system and person, as well as mental and emotional distress, all of which said injuries have caused and continue to cause him great mental and physical pain and suffering. Claimant is informed and believes and thereon alleges, that said injuries will result in some permanent disability. As a proximate and legal result of the dangerous condition of the public property, and/or the City of Palm Desert, and its employees, agents, and/or independent contractor(s) actions and/or omissions, as described above, Claimant was caused to, and continues to, seek treatment with appropriate health care providers for the injuries sustained in the subject incident. His total amount of medical bills to date is unknown at this time. Specify how the damage/injury/loss occurred: On July 28, 2024, at approximately 2:45 p.m., Claimant was riding his scooter on the PREMISES, when he fell and sustained serious injuries due to an unmarked curb/elevated piece of concrete in the pathway. The unmarked curb/elevated piece of concrete was approximately 3 ½ inches high, 6 inches wide, and 60 inches long, extending across over half of the walkway, as the walkway is approximately 116 inches wide. The unmarked curb/elevated piece of cement was not readily apparent to pedestrians using the pathway in a reasonable and foreseeable manner. Page 2 of 3 Names and addresses of all physicians or hospitals where claimant was treated: Claimant’s treatment is ongoing and continuing and has treated with the below locations, to date. 1. VIP Urgent Care, 72630 Fred Waring Drive, Palm Desert, CA 92260; 2. B&B Family Medine Clinic, 72650 Fred Waring Drive, Suite 106, Palm Desert, CA 92260; 3. Desert Advanced Imaging, 72605 Highway 111, Suite A-1, Palm Desert, CA 92260; and 4. Spine & Sport Physical Therapy, 72880 Fred Waring Drive, Suite B7, Palm Desert, 92260; 5. TMJ Head & Neck Pain Center, 35900 Bob Hope Drive, Ste. 110, Rancho Mirage, CA 92270. What particular action/omission by the City, or its employee(s) caused the damage/injury/loss? Claimant is informed and believes, and upon such information and belief alleges, as follows: The City of Palm Desert owned, managed, maintained and controlled the PREMISES where Claimant was injured. The subject unmarked curb/elevated piece of concrete on the PREMISES caused a dangerous condition on public property that created a substantial risk of the type of injury alleged by Claimant herein, when the property was used with due care, in a manner which was reasonably foreseeable that it would be used. The City of Palm Desert and its agents and/or employees and/or independent contractors caused this dangerous condition on public property and failed to provide adequate signs warning pedestrians of the dangerous area, subjecting pedestrians to serious injuries. The dangerous condition was caused by the negligence of the City of Palm Desert’s agents and/or employee(s) and/or independent contractors, while acting within the course and scope of their employment with the City of Palm Desert [Gov. Code Sections 835(a), 840.2]. The City of Palm Desert knew, or should of known, the dangerous condition of the PREMISES a sufficient time prior to this incident and could have protected and warned against it. The dangerous condition had existed for enough time before the incident that the City of Palm Desert through a reasonable inspection should have discovered the condition and known that it was dangerous. Prior to Claimant’s incident, the City of Palm Desert had actual and/or constructive notice of the dangerous condition. Page 3 of 3 Pursuant to CACI 1103 and Gov. Code Section 835.2, a public entity knows of a dangerous condition if an employee knows of the condition and reasonably should have informed the entity about it. Pursuant to CACI 1012, the knowledge of an employee, agent, or independent contractor is imputed to the employer/property owner. At the time of the subject incident, the City of Palm Desert controlled the Premises and had the power, ability, and means to prevent, fix, or guard against the dangerous condition. The City of Palm Desert failed to warn of, repair, or remedy this dangerous condition. The dangerous condition of the public property was a substantial factor in causing Claimant’s injuries and damages. Pursuant to Gov. Code Sec. 815.2, a public entity is liable for injury proximately caused by an act of an employee of the public entity within the course and scope of employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative. Pursuant to Gov. Code Sec. 820, a public employee is liable for injury caused by his act or omission to the same extent as a private person. Provide the name of the City employee involved in the damage/injury/loss, if known: The name(s) of the City employee(s) whom are alleged to have caused Claimant’s injuries, damages, or losses are unknown at this time. Basis for Computation of amount claimed (include estimate/bills as an attachment, if possible): $35,000.00+. Jurisdiction will vest in the Superior Court.