HomeMy WebLinkAboutClaimantPE claim vs City of Palm Desert
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GOVERNMENT CLAIM FOR DAMAGES AGAINST CITY OF PALM DESERT
JEAN-SIMON SERRANO, SBN # 246564
RIZIO LIPINSKY HEITING
3880 Lemon St., Suite 430
Riverside, CA 92501
Telephone: (951) 781-6500
Facsimile: (951) 929-0800
Email: jserrano@riziolawfirm.com
Attorneys for Claimant
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF RIVERSIDE
Claimants,
vs.
ITY OF PALM DESERT;
Respondent.
ATTACHMENT TO
THE CITY OF
Pursuant to the provisions of sections 810, 905, and 910, et seq., of the California
Government Code, claims for damages are hereby made against the City of Palm Desert and
submitted to the City Clerk, City of Palm Desert, via their online claim application site
(https://lfews.palmdesertegov.com/Forms/ClaimsForm) in an amount in excess of the
jurisdictional minimum of the Superior Court of the State of California.
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GOVERNMENT CLAIM FOR DAMAGES AGAINST CITY OF PALM DESERT
In support of said claims, the following information is submitted:
1. Claimants: Matthew Mello and Melissa Mello, 69761 Willow Lane, Cathedral City, CA
92234
2. Address to Which Claimants Request Correspondence to be Mailed:
Rizio Lipinsky Heiting, c/o Jean-Simon Serrano, Esq., 3880 Lemon St., Suite 430,
Riverside CA, 92501; Telephone: 951-781-6500; email: jserrano@riziolawfirm.com
3. Date of Incident: June 16, 2025.
Time of Occurrence: Approximately 11:00 am
Location of Occurrence: Intersection of Dinah Shore Drive and Da Vall Drive, City of
Rancho Mirage, County of Riverside, California.
Description of What Happened: On June 16, 2025, at approximately 11:00 a.m.,
Matthew Mello (the operator of a private vehicle) was struck by another vehicle operated
by an employee of the Coachella Valley Water District. Mr. Mello was traveling
northbound on Da Vall Dr. As Mr. Mello was crossing the intersection with Dinah Shore
Dr., the driver of the Coachella Valley Water District vehicle, heading southbound on Da
Vall Drive, made a left-hand turn, colliding with Mr. Mello’s vehicle.
Liability against the City of Palm Desert is based on negligence pursuant to
Government Code Section 835 et seq. and liability for the negligence or reckless acts of
employees, agents or independent contractors pursuant to Government Code Sections
815.2, 815.4 820(a) et seq; 830. Respondent created, or permitted to exist, a dangerous
condition of public property; and/or its employees negligently and carelessly committed,
or omitted, acts, so as to cause injury and damage to claimant, as follows:
There was construction being performed by Respondent and/or its agents in the
area of the collision, causing traffic congestion, and there were insufficient and/or
confusing warnings, including traffic cones, flaggers or signs, causing the traffic
congestion and confusion of motorists.
Respondent, and its agents and employees, so negligently designed, constructed,
operated, engineered, planned, controlled, contracted, oversaw, leased, maintained,
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GOVERNMENT CLAIM FOR DAMAGES AGAINST CITY OF PALM DESERT
funded, built, tested, inspected, supervised and repaired the roadway and roadway
shoulder and manholes and other devices, and so negligently manufactured, installed,
maintained and inspected the roadways, shoulders and manholes at or near the site of the
subject impact; and failed to properly provide for proper traffic direction, safety devices,
rights of way, lighting, signage, warnings, and approaches, speed limits, flashing lights,
barriers, safety devices, fencing, and/or traffic controls at and near the site of the subject
impact, the failure of which caused and/or contributed to the injuries sustained by
Claimant.
The traffic markings, signals, warnings, medians, and fixtures thereon (or lack
thereof), were so located, constructed, placed, designed, repaired, maintained, used, and
otherwise defective in design, manufacture, implementation and warning that they
constituted a dangerous condition of public property, in that, among other things, they
created an unreasonable and foreseeable risk of injury and harm to motorists using the
roadway with due care.
The road was so contracted, designed, maintained, used, and was otherwise
defective in design and warning in that, among other things, failed to meet the minimum
requirements for line of sight for the design and speed limit of the roadway, that it
exceeded its design speed for the capacity of the roadway, thereby creating an
unreasonable and foreseeable risk of injuries to users of the roadway.
All of these conditions, combined with the condition of the pavement, road design,
lane closure design, and the speed limit, created a dangerous condition of public property.
Claimant further contends that the road itself and the surrounding area was so constructed,
placed, designed, repaired, maintained, used, and otherwise defective in design,
manufacture and warning that the involved section of road constituted a dangerous
condition of public property, in that, among other things, it created an unreasonable and
foreseeable risk of injury and harm to motorists using the roadway with due care.
Before this event occurred, the Respondent knew that there had been numerous
other collisions in or about this area and intersection and that some of those collisions
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GOVERNMENT CLAIM FOR DAMAGES AGAINST CITY OF PALM DESERT
caused injuries to motorists. Before this event occurred, the Respondent knew that this
area was frequented by numerous motorists. Respondent had sufficient time, notice and
resources to warn, advise and correct the dangerous conditions and take preventative
measures such as providing sufficient warnings, signals, traffic markings, etc. In addition,
or in the alternative, before this event occurred, the Respondent’s agent(s) and
employee(s) had sufficient notice of, among other things, other similar events that caused
other injuries to other drivers of other vehicles and/or pedestrians near the area where this
incident occurred and resulting from this same dangerous condition of public property.
Respondent’s failures as describe above, and their failure to post adequate signs
or other warning devices or take other reasonable precautions to guard or warn against the
dangerous conditions of these premises, and their failure to provide adequate signs or
remedial measures, caused a trap to exist for people approaching, and on, the subject
premises, where the subject accident occurred.
Claimant’s investigation is ongoing and Claimant reserves the right to supplement
this claim at a later date.
4. Injuries: Matthew Mello: collapsed lung, lacerated spleen, lacerated liver, fractured ribs,
right adrenal hematoma, iliopsoas injury to the hip and groin area, traumatic brain injury.
Melissa Mello: loss of consortium.
**Mr. Mello continues to require, and receive, medical treatment.
5. City of Palm Desert Employees Involved: Unknown at this time. Investigation is
ongoing.
6. If amount claimed exceeds $10,000: This matter would be an unlimited civil case.
7. List of Witnesses: Claimant is aware of the following witnesses at this time:
a. Matthew Mello;
b. Jesus Coronel;
c. Thomas Ryan McBride.
8. List of Medical Providers: Current List of Treaters: (Matthew Mello)
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GOVERNMENT CLAIM FOR DAMAGES AGAINST CITY OF PALM DESERT
a.Desert Regional Medical Center, 1150 N. Indian Canyon Dr., Palm Springs, CA
92262, (760) 323-6511;
b.California Emergency Physicians, 26137 La Paz Rd, Mission Viejo, CA, 92691,
(800) 548-8158;
c.Cathedral City Fire and EMS, 32100 Desert Vista Rd., Cathedral City, CA 92234
(760) 770-0300
d.Desert Trauma Surgeons, 380 E Paseo El Mirador, Palm Springs, CA 92262,
(760) 323-6316;
e.Desert Care Network, 555 E Tachevah Dr., Suite 2E-107, Palm Springs, CA
92262, (760) 561-7373;
f.Golden State Imaging, 1180 N. Indian Canyon Dr., Palm Springs, CA 92262.
***Treatment is ongoing, and claimant has the right to supplement this list of treaters in the
future***
Reservation of Right to Amend and/or Supplement Claim: Claimants reserve the right
to amend and/or supplement this Claim for Damages, including asserting new theories of liability
or causes of action, upon discovery of new or additional information or facts.
RIZIO LIPINSKY HEITING LAW FIRM PC
_______________________________
DATED: By: JEAN-SIMON SERRANO
Attorney for Claimants
12-4-2025