Professional Documents
Culture Documents
October 7, 2010
We received notice from your Risk Manager, Ron Blanquie, that he believes our client’s claims are barred as
untimely. Enclosed you will find the original tort claim we sent and a copy of Mr. Blanquie’s letters.
The malicious prosecution claim cannot be barred by Government Code Sections 901 and 911.2 as the
tort claim form was filed timely from accrual.
Please consider allowing for a late filing on any other causes of action. Please note that you may consider this
claim pursuant to Government Code Section 911.4(b) which allows for your review within a year of the torts’
accrual. And, consider that, pursuant to Government Code Section 911.4(c)(2)(A), Mr. Brumfield should be
given credit for the time he spent wrongfully incarcerated.
The reason for the delay is that Mr. Brumfield, like most lay people, does not understand federal or state tort
claim requirements. Mr. Brumfield believed that he could not take action until the charges against him were
resolved. Once the charges against him were dropped, he began to seek advice and counsel. Our office sent the
tort claim form to your agency a few days after our first meeting with Mr. Brumfield.
October 7, 2010
Ron Blanquie
Risk Manager
City of Petaluma
PO Box 61
Petaluma, CA 94953
We spoke earlier today, and you asked me to send a letter. I am sorry that this letter is so harsh,
but you forced my hand.
Needless to say, we were very disappointed to learn that you unilaterally decided Mr.
Brumfield’s tort claim form was filed late. Your letter gave no indication as to which tort claims
you have found to be untimely. Furthermore, you gave no indication as to why you would
address a letter to attorneys’ offices advising a lay person to seek counsel.
We are confident that Mr. Brumfield’s malicious prosecution claim is very strong. In fact, you
would do well to advise the city of Petaluma that the risk of liability is very high for the
prosecution of medical cannabis patients. Pursuant to Government Code Sections 901 and
911.2, Mr. Brumfield’s malicious prosecution lawsuit cannot be barred for failure to file a
timely tort claim.
Since you mistakenly found Mr. Brumfield’s claims time barred, we will be forced to apply to
present a late claim. Be advised that attorneys’ fees may be won through Mr. Brumfield’s
pending lawsuit, and causing delay or additional work for Mr. Brumfield’s attorneys does not
serve your employer’s interests.
Sincerely,