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    A claim filed against the County of San Bernardino by Jim Erwin

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    A claim filed against the County of San Bernardino by Jim Erwin

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    4K views9 pages

    Claim Against County of San Bernardino

    Uploaded by

    Sarah Batcha
    A claim filed against the County of San Bernardino by Jim Erwin

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 9
    [stave OF caL RA. DEPARTMENT OF GENERAL SERVICES [Des omivos ev. os2%6) For Ofc Use Ory Government Clsins Program (fice of Risk andinurance Management Deparment of Genaral Sonics, Box soonsz, Ms 414 [West Secramento, CA 95788-8062 1-900-955-0045 = ww. d9s.ca.govlorin/Programsy/Governmentms.p% Is your claim complete? Include a check or money order for $25 payable tothe Sate ofCalforia. ‘Complete all sectons relating t is claim and sn the fom, Please int or ype alinformaton ‘Attn copies of ary documentation tal suppors your Gaim Please dono submtorginals Claimant Information use name bsiess oe cant rt indi) 1 [ERWN JAMES H_ [2 | Te oona36 100 case Poe Rae 715 [eek jrarvies@nmcon 4 [rare STAR INE CRE Ta5HaNo| [ca_[ sass Taig Aas oe ‘Sa Zp ‘inmate or patent nonber,Wappicaba {6 Is the daimant under 167 NO ___[ Tes, pleas give dato o/b 1 7 3 Tou an lao ator cla oda lee eG bar aan ae econ ‘Attorney or Representative information 9 [MALINE BAAN [40 [Teresi-rreaam East Fra nae 714 [emai raj@mainemagee son 72 [sso Vine STREET, SUITE 105 [Riven ca | _ e207 ce oy Se ‘aig 43 | Relatonshie to dainant ATTORNEY Gaim Information Pse2c stachnens a ecoay 14 [is yourclaim fora state-dated warant(uncashod check)? ©) Yes @No___IfNe, stip io Sip 18. ‘Sia ayenny that eeved the waren [Bole bento wean To oisang_—_——] Warren nom BEF 45 | Dae ofincient 7007/2008 THROUGH OORaz0TT | Waste incident more than a manta 9957 ‘vee One ILYES, de you atach a saparate sheet wih an explanation er thelste fing? ___OYes_ONe Siaieepencies orempoyees against whom this Gaim sled [| EDMUND 6. BROWN. KAMALA D, HARRIS, GARY A SCHONS, MELISSA A, MANDEL, AND THE | CALIFORNA DEPARTMENT OF JUSTICE "TT | Detar amount of deine NOT LESS Thaw $90,000 00000 Tie amounts more than $10,000, inca the type of | OLlnited Gui case (S25 000 ess) cilcase: ‘©Noneimted el case (over $25,000 Elin how you caied he amount ‘~SEE ATTACHMENT" Pagar “18 cation of a neaane ‘SAN BERNARDINO COUNTY, CALIFORNIA "1S | Dasara the specie damage ory SEE ATTACHMENT” 7 | Exper te creamstances Wate ho Gaage OTT ‘B_| Expan why you botove the Snes reaponsibe forthe damage ori ~9EE ATTACHMENT |B [es the dim invoe aaa woh? Ove Oe L ance Information 2. OO Tame raanee Caer oT Tag As oy, See Poly Nanos Liat ‘Are ou ths regiired sano he vehi! Ove ‘Oe. TENG, site name of owner Has a eldmbesn fl a ras cari, 6 WATT BS HET Yas Ne Have youreceived any payment fr fis damage or ur ‘OVes Ne Tfyes, what amour’ dd you receive! Amount ct aed, ‘Claimant's Overs Lease Number Vari eens Nomar Make of atic [Moat Year (etiele Rumba Notice and Signature ‘24 | I declare under penalty of per under te Tawa of te Sat of Calorie Waa We NorTalon have provdedis tue and corer tthe best of my information and bali, frthr understand nat Ihave Provided infomation tals ase itentonaly incomplete, or misleading | may be charged wit afeony unishable by up ofoutysare sale pigon andlor feof up o $0,000 (Pancl Cede secon 72) RAANRMALING ——[Dale: 11002017 a Ca Ra ines nae 25 | Mal fas em ad st stare ite 325 fing ie fb "ng Fea Wah’ Reqaat Gaverme Gaie room, Insirsnsaraponert 707 Sarees cr Ofte Wes Sacrameria En BS808 Pages CLAIM AGAINST COUNTY OF SAN BERNARDINO (Ln POOH MUST BE FLED OUT PROPERLY OR LAIN WILL BE RETURNED WITHOUT LING) pave: 112017 ‘Claim is hereby made agenst the treasury ofthe County of San Bernardin, Stale ef Cbfomia, as flows: + Less tran $10,000 ~ Sate the total amount calmed 8 * More than $10,000 Check one ofthe bose Oy nica Court Juisston($10,000-25,000) Superior Court sssebon($25.001 and up) (Claimant makes the folowing statements in suppot ofthe cai 1. Name of Ciimant: 00-0301400 Fiat Te asl Cc Pe RT 2. Address of Claimant, 47S STARPINE CIRCLE HIGHLAND ozs ‘ree or ee 3. Notices concerning claim shouldbe sent to RAJAN R MALINE, 280 VINE STREET SUITE 100, RIVERSIDE, CA 92507 9st-7re.0021 ame ae oxi ‘ies Case a Phone TST 4. Gicumstances ging rset claim areas folows 5. Date, Tine and Place (ely, sveet,croct-sret) damage occured and nae tere ‘SEE ATTACHMENT FOR NATURE OF DAMAGE. 6. Puble propery andor pubic offces or employees causing jy, damage oss 7. Name, addres and telephone numberof witnesses: ‘SEE ATTAGHVENT 8, Basis of computation of caimed amount is a flows: Mecca expanses to date Lose wages Estimated fare mele! xporaa enol aman Shera Prope damope 1 damages SS Cisnant ar Reprsenaive Sareea] RETURN COMPLETED FORM To: Fist tenogerert buses = Coury oS Baio, Si of Clima en: 06) 25.0881 22a rosptay tse 3 Poet Fee” on Senate Sen Bamardne £4 BENS O3T6 AP/MALINES MCGEE w ‘3850 Vine Stet, Suite 100 Riverside, CA 92507 (51) 779-0221 rald@malinemegee.com [November 1, 2017 Me. Jean-Rene Basle VIA HAND DELIVERY Office of County Counsel 3851N. Arrowhead Avenue, Fourth Floor San Bemardino, CA92415, Risk Management Division ‘VIA HAND DELIVERY County of San Bernardino 222 W. Hospitality Lane, Third Floor San Bernardino, CA 92415, Board of Supervisors VIA HAND DELIVERY County of San Bemardino 385 N. Arrowhead Avenue, Fifth Floor San Bemardino, CA 92415, Government Claims Programm VIAFIRST CLASS Office of Risk and Insurance Management US. MAIL Department of General Services P.O, Box 989052, MS 414 ‘West Sacramento, CA 95798-9052 RE: Notice of Claim ‘Claimant: James H. Erwin, Former Chief of Staff — Third District December 1, 2008 through September 22,2017 NOTICE TO THE. ‘This firm has been retained by James H. Erwin to represent him in connection with his claims agains the State of California and the County of San Bernardino including, but not limited ‘0, Edmund G, Brown Jz, Kamala D. Haris, Gary Schons, Melisa A. Mandel, Michael A. Ramos, James B. Hacklemen, Michael Ferman, Gary Roth, Richard L. Cope, Michael J. Smith, Robert Schreiber, Hollis Randles, Ronald Reitz, Dennis Wagner, Mitchell Norton, Charles Seolastico, Ruth E. Stinger and Josie Gonzales, n ther official and individual capacity, ‘You are hereby notified that, in accordance with the Calfornla Government Claims det, ‘Mr. Ervin claims damages from the State of California, County of Sn Bernardin, including, but not limited to, Edmund G. Brown Jr, Kamala D. Harris, Gary Schons, Melissa Mandel, Michael ‘A. Ramos, James B. Hackieman, Michoel Firman, Gary Roth, Richard L. Cope, Chef Investigator Michael J. Smith, Robert Schreiber, Hollis Rendles, Ronald Reitz, Dennis Wagner, Mitebell Norton, Charles Seolastico, Ruth E. Stringer and Josie Gonzales, in the amount computed as of 1 AP/MALINES MCGEE w ‘the date of the presentation ofthis claim, of nat less than TWENTY-FIVE MILLION DOLLARS ($25,000,000.00 Claimant is now officially serving his Formal Notice of Claim with all necessary attachments to ‘requir the tte of California, San Bernardino County Board of Supervisors o act by operation of law. "Notwithstanding the fact that this mater is exempt from the requirements of the Torts Claim Act ‘pursuant to Sripes » City of Bakersfeld (1983) 145 Cal. App. 34 861; and Garcia v Los Angeles Unified Schoo! Dsirit (1985) 173 Cal. App. 34 701, 712, based in pat to the discriminatory and violation of public policy claims, end without waiving any rights to reli or damages, DEMAND is hereby made by Claimant, Mr Erwin, pursuant to California Government Code section 905, et seq, for damages, including but not limited 10, Malicious Prosecution; False Arres/False Imprisonment (Civil Code Section 52.1); Negligence; Intentional Infliction of Emotional Distess; additonal clains under Civil Code Section 52.1 and violations ofsetion 42 U.S.C. § 1983. SUMMARY OF CLAIM ‘Malicious Prosecution ‘Adam Aleman “initiated the proceeding” by knowingly making a false report to DA investigators during his Novernber 2008 interview. Aleman continued to give false A investigators ftom 2008 to 2011 in series of interviews both in person telephonically, and electronically. He then intentionally and knowingly testified falsely, both before the grand jury and at trial, particularly given the allegations in the Indictment that there vas no reasonable suspicion of criminal activity relating to the Settlement Agreement prior to Aleman’s November 2008 statements Josie Gonzales admits to having made a report to the DAs Public Integrity Unit sometime sound the time of the Setement Agreement (Novernber 2006) in which she supposedly reported ber suspicions of some criminal conduct and then lke Aleman made false statements to the DA ‘avestigators, testified falsely tothe Grand Jury and a trial To the extent either Aleman or Gonzales ix found to ave “inated the criminal rrocedings the prosecution iter kor boul ave krown—hatmamerouswineses were Sting false and prjred tesimony,incling Aleman, Gonzales, and Bu Randle. Aleman and Gonzales knowingly tsi falsely. The prosteution manpulsed Postmis’'s testimony, both by fling ensure his sobriety ring te interview process nd then by manipulating his emer ‘While this isnot connected ditto Gonzales, here is connection o Alen, who ced a ‘esol athe beet of he prssetion inthis proses though fis numerous conversations and crates exchanges wih Posimus Take ogether with lof the fs eimony, wel other ‘ondvet by poser, maniltd the gran jury proces. The prosecution was brought in etalon against Ervin, Jfrey Burum, and Colonies Yarines for pursing the ei gation and for exercising Fist Amendment gts of plies txpressicn, Mover, bth Aleman and Gonales had efor moves fo inte he Cal pocedings by providing fuse satements to ivesignors and tain flseiy—Aleman fo {cure his deal with prosecutor, an Gononles to reali forte civ Iitgton an potently to {Sit her major plies suppres who are vals of Mr Envin ané Colonies Per, both 2 MY/MALINES& MCGEE: Gonzales and Aleman exhibited hostility and il will toward Mr. Erwin if nothing else based on ‘their knowing and willfully false testimony aguinst hin. False Arrest / False Imprisonment; Civil Code Section $2.1 (Bane Aet) Randles and Schreier had personal knowledge that the grand jury indictment had been ‘procured through the false testimony of Postmus, Aleman, Gonzales, ad Randls. Mr. Ervin was wrongfully arrested and jiled 3 times for Bribery and other elated charges. One on March 15, 2009 for the bai amount of $220,000.00. The second time on February 10,2010 for the sdditcnal bail amount of $380,000.00. The third ime in May 11, 2011 for the bel amount ‘of $2,000,006.00, eventhough Mr. Erwin hed been released on his owm recognizance and had never been tady or missed a court scheduled appearance. All inflated bail amounts were requested by the prosecition team. Erwin was waste-chained, leg shackled and paraded infront of news ‘cameras in green jail attire, Afterwards Erwin appeared onthe frontpage of local newspapers. ll inan oppressive and malicious tactic to get fabricated testimony against Developer Jeffrey Bururn Violations of California's Bane Act, Civil Code § 52.1 Me. Ervin’sunlawut arest violated his Fourh Amendment rights, and tht such arrest, constituted an effort by Ramos and/or other members of the DA's fie (eg, Cope, Hackleman, Randles, and Schreiber) to coerce Erwin into not exercising his First Amendment right (0 participate in the politieal process. Negligence ‘The prosecution team’s conduct with regard to the investigation, grand jury, and til ‘breached thei duly 1 “act reasonably so a8 fo not cause Erwin undue harm.” (Reinhard, 2006 WL 3147601, at *10.) Specifically, the manipulation of Posimus, the aternpted manipulation of ‘ther witnesses (eg, Mat Brown), the eliciting of fale testimony ftom Gonzales and Aleman, the false testimony provided tothe grand jury by Randles, the various manipulations ofthe grand jury process (e.g, ne handling ofthe Lindley testimony), and much more, all violates this duty. Further, investigators and prosecutors violated their duty "to propecly and adequately investigate all reasonable leds and evidence” (.) wilh regard to exculpatory evidence, failing to drug test Postmus, filing to investigate Aleman's false claims that he met with Ms. Erwin and Postmus, failing to investigate Gonzales false claim tat she saw Mr. Erwin in Chin, and much more. Further, Mr. Ervin voluntarily went to DA investigators in November 2007 to provide information regarding criminal acts being commited by Postmus, Aleman and other Assessor staff

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