RICHARD A.

FRISHMAN
ATTORNEY AT LAW 205 NORTH PINE STREET NEVADA CITY, CALIFORNIA 95959 TEL: (530) 265-2399 FAX: (530) 478-9442

June 24, 2013

TORT CLAIM NOTICE THAT A CLAIM FOR DAMAGES IS HEREBY, AND WILL BE, ASSERTED AGAINST, THE NEVADA COUNTY CONSOLIDATED FIRE DISTRICT; WARREN KNOX, AS CHAIRMAN OF THE NEVADA COUNTY CONSOLIDATED FIRE DISTRICT BOARD OF DIRECTORS, MARK BASS AS A DIRECTOR OF SAID FIRE DISTRICT 1. Claimants names: 2. Claimants address: Brad A. Amaral and Wyatt L. Howell C/O: Richard A. Frishman, Attorney at Law 205N. Pine Street Nevada City, California 95959 3. Amount of Claim: 4. Date of Incident: 5. Time of Incident: 6. Location of Incident: $1,000,000.00 for each Claimant On or about 03/18/13 and thereafter unknown 11329 McCourtney Road, Grass Valley, CA and/or 10135 Coyote Street, Nevada City, CA 7. Factual Basis of Liability: The District and those Officers and individuals named above included a staff report and other documents alleging that Claimants had made a false report regarding a life threatening incident at a live burn to the District.

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The specific language regarding personnel matters made public is as follows: After the testimony was received, Director Bass informed the Board he received information from FPO Terry McMahan, who participated in the live burn, and other firefighters, this incident was no big deal and didnt happen as reported by Amaral and Howell. Director Bass was told no ambulance was on scene. (See: Staff Report to Keith M. Grueneberg, Chairman, dated March 21, 2013, attached to Agenda-Regular Meeting Thursday, March 21, 2013 7:00 p.m.) The public Agenda for March 21, 2013 also included the following language: Since this statement by Director Bass created confusion amongst the Board members, and contradicted the statements by Amaral and Howell, the Board directed Div. Chief Ray to conduct an investigation to determine the facts surrounding this incident.

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No report of the investigation referenced in the above paragraph was ever provided to Claimants, or, to their knowledge, to the public. The Agenda and referenced documents were posted and made public. True and correct copies of the Agenda and materials at issue are attached hereto, and incorporated herein by this reference as, Exhibit 1. 8. Legal basis of liability: Defamation, false light defamation, breach of rights to privacy under the United States Constitution and the adequate and independent grounds contained in Article I, section 1, of the Constitution of the State of California; violation of the confidentiality of personnel issues which are exceptions to open meeting requirements contained in the the Brown Act (California Government Code, section 54950, 54962, etc.), malicious abuse of discretion in publishing the materials at issue, intentional infliction of emotional distress, violation of 42 U.S.C., sections 1983, 1988, et seq. The allegations contained in the quoted material above were knowingly false, or made with reckless disregard of the truth, and/or misquoted FPO Terry McMahon.

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9. Injuries: aggravation

As to each Claimant: harm to reputation, shame, humiliation, mortification, hurt feelings, anguish, nervousness, grief, anxiety, worry, shock, of post traumatic stress disorder.

. 10. Special damages:

Unknown at present. Both Claimants are seeking mental health care due to the negative effect of Defendants publication(s). upon their well being. Reasonable and necessary Attorneys fees, and litigation costs.

DATED: 06/24/13 Richard A. Frishman Attorney At Law