CLAIM FOR MONEY OR DAMAGES
TO:
1.
Name of Claimant
2.
Address:
CITY CLERK
..
City Clerk
nothe
later
than 6 months
1? MflR 28
after
date of
incident.
(see GoVetr'f~
ment Code Section 910 et seq)
(Street)
7050
PH 2: I 7
N. Fresno Street, Suite 208
(State) CA
Fresno
(Zip Code) 93720
Claimant's Telephone (Home)
(Work)
Notices to be sent to: (if other than to above address)
(559) 263-9667
a. Name: Law Office of Jacob J. Rivas
b. Address (Street) 7050 N. Fresno Street, Suite 208
Relation to Claimant
(City)
5.
WARNING
liODESTO
Be sure your claim is filed with the'
-
Jane Doe
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(City)
3.
4.
r\ECEIYEu
CITY CLERK
CITY OF MODESTO
PO Box 642
Modesto, CA 95353
(209) 577-5446
(State)
Fresno
c. Telephone: (Home)
(Work)
Provide information in detail regarding the claim:
CA
(559) 263-9667
(Other)
_A_tt_o_m_e
..•..
y
_
_
(Zip Code) _9_37_2_0
(Other)
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a. What damages and/or injury did you suffer - describe in detail:
Please see Attached
b. Date
Claim For Damages.
Time
Location
_
c. How did damage and/or injury occur:
d. State why you believe City is responsible or involved:
e. Identify City employee(s) causing damage or injury:
(property damage)
f. Amounts claimed (personal injury): $ 4,000,000.00
(Attach supporting medical bills, invoices, repair estimates, etc)
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$
_
6.
a. If your claim does not exceed $10,000 state the total amount claimed:
_
b. If your claim exceeds $10,000 indicate whether your claim would be a limited civil case (if the
amount claimed does not exceed $25,000 it is treated as a limited civil case):
_________
The total claim does not exceed $25,000
X
The total claim exceeds $25,000
7.
List names, addresses, phone number of any witness:
already in possession
of the contact information
Jane Doe and Lee F. Gaines,
of all other witnesses.
II. Defendants
8.
List names, address, hospital, clinics, physicians:
9.
List your insurance company, name address and payments made if any: Not applIcable.
Note:
03/05
_N_ot_a_V_aI_l_ab_l_e_a_t
_th_Is_t_Im_e_.
Presentation of a false claim is unlawful (Cal Penal Code See 72)
are
_
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II
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II
Jacob J. Rivas, No. 208504
LA W OFFICE OF JACOB J. RIVAS
7050 N. Fresno Street, Suite 208
Fresno, CA 93720
Telephone: (559) 263-9667
Facsimile: (559) 263-9668
Email: jacob.rivas@att.net
Attorney for: Jane Doe, Claimant
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF STANISLAUS
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)
Jane Doe,
)
Claimant,
)
)
)
vs.
Lee F. Gaines, II, Modesto Police
Department, and City of Modesto,
Defendant.
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CLAIM FOR DAMAGES
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)
)
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Claimant Jane Doe hereby submits this Claim For Damages by and through her attorneys of
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record as follows.
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PARTIES
1.
Claimant is identified as Jane Doe for purposes of this claim and any subsequent civil
litigation due to the sensitive and personal nature of the allegations outlined herein. Jane Doe's true
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identity is protected from disclosure by her right to privacy as articulated by the California
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Constitution, California Evidence Code, Federal Constitution, and other pertinent statutory and case
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LAW OFFICE OF
RIVAS
JACOB
J
7050 N. Fresno St., Ste. 208
Fresno, CA 93720
authority .
2.
Stanislaus.
Jane Doe was at all relevant times herein a resident of the City of Modesto, County of
3.
Defendant
Lee F. Gaines, II was at all relevant times herein a resident of the City of
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II
Modesto and employed as a police officer with the Modesto Police Department,
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within the City of Modesto.
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4.
The Modesto Police Department
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5.
The City of Modesto is a local public entity as set forth under California
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II
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is a political subdivision
within the City of Modesto.
proximately
Defendants
are legally responsible
caused the damages to Claimant
7.
Defendants
for the events and happenings
referred to, and
as alleged herein.
were and/or are the agents and/or employees
of each of the remaining
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II
Defendants,
and were acting within the course and scope of said employment
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II
perfonnance
of the acts herein alleged.
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8.
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All acts perfonned
from Defendant
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II
10:45 p.m., Defendant
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Defendant
Upon arrival, Defendant
unifonn,
including
CA.
in his department
his department
As Jane Doe was in custody with her hands handcuffed
oral copulation
Such sexual acts were involuntary,
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LAW OFFICE OF
JACOB J. RIVAS
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issued
badge and fireann.
without
her hands behind her back.
behind her back, Defendant
on him.
forcible, and perfonned
threat of grave bodily injury.
call
At approximately
Lee F. Gaines, II entered Jane Doe's residence
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7050 N. Fresno St., Sle. 208
located in Modesto,
Lee F. Gaines, II arrived at Jane Doe's residence
Lee F. Gaines, II forced Jane Doe to perfonn
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II
arrived at Jane Doe's residence
consent, and without probable cause placed her under arrest, handcuffing
12.
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9:30 p.m., Jane Doe received a telephone
Lee F. Gaines, II stating that he desired to visit her at her residence.
patrol vehicle wearing his law enforcement
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under color of law and
officials.
On January 5, 2012 at approximately
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were perfonned
and/or agency in
FACTS
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herein by Defendants
pursuant to their duties as law enforcement
9.
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Government
Code §900A.
6.
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Fresno, CA 93720
a political subdivision
under severe duress and
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1
In perfonning
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and violated California
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prosecuted
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1439804.
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extreme emotional
acts, Defendant
Court Case No.
Lee F. Gaines, II violated Jane
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cause of the acts of Defendants,
and statutory law.
Jane Doe has experienced
cause of the acts of Defendants,
As a further direct and legal cause of Defendant
Lee F. Gaines, II's conduct, Jane Doe
has been compelled
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II
therefore,
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which Jane Doe is entitled to reimbursement
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Doe is entitled to reimbursement
for attorney fees pursuant to applicable
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California
Code of Civil Procedure,
to retain the services of counsel to protect and enforce Jane Doe's rights and,
has incurred and continues
Civil Code, California
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Defendant
to incur, attorney's
fees, legal fees, expert fees and costs for
in an amount to be established
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cause injury to Jane Doe. Furthennore,
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and knowing
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despicable
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despised
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against Defendant
Defendant
Defendant
as it was vile, base, and/or contemptible
people.
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.AW OFFICE OF
IACOB 1 RIVAS
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of the
with malice and an intent to
and in willful
Lee F. Gaines, II's conduct was
and would be looked
As such, Jane Doe is entitled to punitive
Lee F. Gaines, II.
statutory provisions
Lee F. Gaines, II's was despicable
disregard of Jane Doe's rights and safety.
by reasonable
at the time of trial. Jane
and other relevant authority.
Lee F. Gaines, II's conduct was perfonned
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insofar
loss
loss.
II
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severe and
Jane Doe has suffered economic
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St. St•. 208
'resno. CA 93720
Superior
II is being
distress and bodily injury.
As a proximate
and non-economic
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7050 N. Fresno
County
Lee F. Gaines,
but not limited to, federal and state constitutional
As a proximate
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II
Defendant
herein under Stanislaus
the above-described
Lee F. Gaines, II acted feloniously
DAMAGEIINJURY
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In perfonning
Doe's civil rights, including
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acts, Defendant
Penal Code §§149, 243.4, and 288A.
for the crimes enumerated
15.
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the above-described
damages
down on and
to be assessed
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Jane Doe hereby submits this Claim For Damages
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II
damages for compensatory
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and attorney fees.
damages, including economic
and claims $4,000,000.00
and non-economic
loss, punitive damages,
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Dated:
LA W OFFICE OF JACOB J. RIVAS
March 27, 2012
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. ~~vas,
y for plaintiff above-named.
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.AW OFFICE OF
ACOB l RIVAS
1050 N. FrCYlO St, Stt
"osno. CA 93720
208
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as
PROOF OF SERVICE
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the within entitled action; my business address is 7050 N. Fresno Street, Suite 208, Fresno, CA 93720.
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II
On March 28, 2012, I served the within CLAIM FOR DAMAGES on the interested
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II
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STATE OF CALIFORNIA,
COUNTY
OF FRESNO
I am a resident of the county aforesaid;
I am over the age of eighteen years and not a party to
parties
in said action, as listed below:
PARTY
ATTORNEY:
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Lee F. Gaines, II, Modesto Police Department,
City of Modesto, Defendants
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and
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[
]
[ ]
VIA EXPRESS
[]
BY MAIL - I am readily familiar with the firm's practice of collection and processing
of documents for mailing. Under that practice, it would be deposited with the United
States Postal Service on that same day with postage thereon fully prepaid at Fresno,
California, in the ordinary course of business.
I am aware on motion of the party
served, service is presumed invalid if postal cancellation date of postage meter date is
more than one day after date of deposit for mailing in affidavit.
[X]
BY PERSONAL SERVICE
offices of the addressee.
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VIA FACSIMILE
MAIL
- I caused such envelope
to be delivered
by hand to the
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I declare under penalty of perjury under the laws of the State of California,
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is true and correct and if sworn as a witness I can competently
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knowledge.
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that the foregoing
testify to the foregoing
of my own
Executed on March 28, 2012, at Fresno, California.
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LAW OFFICE OF
JACOB
RIVAS
J
7050 N Fresno St., Ste. 208
Fre,",o, CA 93720
·-JAWf~-~-A-S------