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Free Republic LLC filed a Notice of Claim with the City of Fresno
Press Release Charles L. Doerksen, Attorney at Law | 09/22/03 | Jim Robinson

Posted on 09/22/2003 5:52:05 PM PDT by Jim Robinson

CHARLES L. DOERKSEN
ATTORNEY AT LAW
________________

ROWELL BUILDING
2100 Tulare Street, Suite 410
Fresno, California 93721
Telephone 559 233 3434
Facsimile 559 233 3939
E-mail doerksen@lightspeed.net

 

September 22, 2003

 

PRESS RELEASE

At 9:10 a.m. today, Free Republic LLC filed a Notice of Claim with the City of Fresno, arising from the Human Relations Commission’s news release of September 12, 2003, labeling it a "hate group." A copy of the Notice of Claim, without exhibits, is attached hereto.

The Notice of Claim, which is a legally required first step in filing a lawsuit against a public entity, puts the City of Fresno on notice that Free Republic LLC intends to file a lawsuit for defamation against (1) the City of Fresno, (2) the Human Relations Commission, and (3) Debbie Reyes, Chair of the Human Relations Commission.

Questions regarding this matter may be directed to this office, and additionally, Mr. Doerksen, as well as representatives of Free Republic LLC, can be made available in front of City Hall at 4:00 p.m., today, September 22, 2003, to answer questions if interest in this is expressed.

 

NOTICE OF CLAIM
(Government Code § 900, et seq.)

This claim is being presented pursuant to Government Code Section 900, et seq., Miller v. Hoagland (1966) 247 Cal.App.2d 57, 61-62 (filing claim as prerequisite for defamation action against public entity and its employees), and all pertinent code sections, statutes and laws of the State of California.

A. NAME AND ADDRESS OF THE CLAIMANT:

B. NAME AND ADDRESS OF PERSON TO WHOM CLAIMANT DESIRES

NOTICES TO BE SENT:

C. DATE, PLACE AND OTHER CIRCUMSTANCES GIVING RISE TO THE

CLAIM:

Claimant is an independent, grass-roots, conservative organization. Its purpose is to root out political fraud and corruption, to roll back decades of governmental largesse, and to champion causes which further conservatism in the United States of America.

This claim arises from defamatory oral statements and/or more permanent publications made by and/or disseminated by the City of Fresno, by and through its Human Relations Commission, and certain public employees and/or agents of the City of Fresno acting in the course and scope of their employment and/or agency, the identities of which are currently unknown (hereinafter, collectively the "City of Fresno"). Claimant is informed and believes, and thereon alleges, that the Human Relations Commission for the City of Fresno is composed of up to 17 members appointed by the City Council and the Mayor, and has a budget for the 2003 fiscal year estimated at $193,100. Each Council member appoints two members while the Mayor appoints three members. The specific identities of such public employees/agents are currently unknown, but are expected to include, at a minimum, Debbie Reyes, Chair, Human Relations Commission for the City of Fresno.

On or about September 12, 2003, the City of Fresno disseminated a News Release entitled, "Human Relations Commission News Release," a true and correct copy of which is attached hereto as Exhibit "A" and made a part hereof (hereinafter, the "Release"). The Release refers to claimant as "a hate group." In addition, the Release states: "This group has also planned a ‘Free Republic Hate Rally Picnic’ in District 6," and accuses claimant of making "threats of violence toward any minority groups that interfere with their rally or picnic." The Release constitutes a false and unprivileged fixed representation to the eye which exposes claimant to hatred, contempt, ridicule, or obloquy, causes it to be shunned or avoided, and has a tendency to injure claimant in its occupation, trade or business. In addition, the Release charges claimant with a crime in that it accuses claimant of making "threats of violence" towards minority groups.

Claimant is informed and believes, and thereon alleges, that the City of Fresno has made other false and unprivileged statements, either orally or by writing, printing, or other more permanent medium, which have exposed claimant to hatred, contempt, ridicule, or obloquy, and which have caused claimant to be shunned or avoided, and have injured it in its occupation, trade or business. (As used in this Notice of Claim, the term "Publication" shall hereinafter refer to the Release as well as to all other defamatory oral statements and/or more permanent publications made by and/or disseminated by the City of Fresno.)

D. CLAIMS FOR DAMAGES:

Defamation. The City of Fresno (previously defined to include the City of Fresno, and certain public employees and agents of the City of Fresno acting in the course and scope of their employment and/or agency, the identities of which are currently unknown), wrongly referred to claimant as "a hate group" and accused claimant of planning a "hate rally" and making "threats of violence toward any minority groups that interfere with their rally or picnic," notwithstanding the City of Fresno’s failure and inability to produce even a scintilla of competent evidentiary or legal support for such defamatory statements. True and correct copies of articles from The Fresno Bee, dated September 14 and 16, 2003, are attached hereto as Exhibit "B" and "C," respectively, and made a part hereof (hereinafter, the "Articles"). The Articles attribute statements to Mayor Autry that (1) there is no evidence that claimant is a hate group, (2) the Human Relations Commission is "using the City of Fresno as a tool to attack people without cause," (3) describing the Publications as "inflammatory, reckless, irresponsible and dangerous," and (4) explaining "the worst thing you can say is they’re a hate group." Furthermore, Debbie Reyes, Chair, Human Relations Commission for the City of Fresno, has admitted that her "proof" for making the Publications was not "solid." (See Fresno Bee article dated September 16, 2003.)

The Publications are false and unprivileged statements, either orally or by writing, printing, or other more permanent medium, which have exposed claimant to hatred, contempt, ridicule, or obloquy, and which have caused claimant to be shunned or avoided, and have injured it in its occupation, trade or business. As a result of the defamatory Publications, claimant is entitled to be compensated by the City of Fresno (and the responsible public employees/agents).

The Publications constitute defamation (i.e. libel and/or slander per se) based upon Civil Code Sections 45 and 46 (as well as other statutory and judicial authority):

    1. Libel. The California Legislature has defined libel as a "false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation." (Cal. Civ. Code § 45.)

    2. Slander. The California Legislature has defined slander as "a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which: (1) Charges any person with crime, or with having been indicted, convicted, or punished for crime; … (3) Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits." (Cal. Civ. Code § 46.)

E. AMOUNT OF CLAIM:

Claimant seeks general damages for loss of reputation, shame and mortification. Claimant seeks special damages with respect to damages it has suffered to its business, trade, profession or occupation. Finally, claimant requests exemplary damages for the sake of example and by way of punishing the responsible public employees/agents for making the defamatory Publications with actual malice. Claimant is informed and believes, and thereon alleges that the public employees/agents possessed a state of mind arising from the ill will toward the claimant, and did not have a good faith belief in the truth of the defamatory Publications. Accordingly, the acts of public employees were made with actual malice, and were fraudulent and justify the imposition of punitive damages.

Claimant’s damages are currently unknown, but are anticipated to be well in excess of $1,000,000, but regardless, are in excess of the minimal jurisdictional limits of an unlimited civil case.

F. WITNESSES/PUBLIC EMPLOYEE(S) CAUSING INJURY:

At this time, claimant believes that the following persons, in addition to its members (including but not limited to Jim Robinson), would have knowledge regarding the events of this claim and/or participated in the acts and/or omissions which caused the injury to claimant:

Dated: September ___, 2003



TOPICS: Activism/Chapters; Announcements; News/Current Events; US: California
KEYWORDS: banglist; cityoffresno; claim; debbiereyes; freerepublic; fresno; fresnosuit; hategroup; hrc
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1 posted on 09/22/2003 5:52:06 PM PDT by Jim Robinson
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To: Jim Robinson
Yes!!!
2 posted on 09/22/2003 5:52:47 PM PDT by TomServo ("Upon further review, the refs find that Cody is dead. The play stands -- Cody is dead.")
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To: Jim Robinson
BTTT
3 posted on 09/22/2003 5:53:23 PM PDT by Roscoe
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To: Jim Robinson
BUMPed and bookmarked. Go get 'em, Jim!
4 posted on 09/22/2003 5:53:38 PM PDT by strela (I wonder if Tom McClintock will have to "make a reservation" to pay back all that money?)
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To: Jim Robinson
Good for you. Good luck!!
5 posted on 09/22/2003 5:54:13 PM PDT by MamaB
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To: Jim Robinson
Booyah!!!...JFK
6 posted on 09/22/2003 5:54:16 PM PDT by BADROTOFINGER (Life sucks. Get a helmet.)
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To: Jim Robinson
Outstanding!
7 posted on 09/22/2003 5:55:14 PM PDT by NonValueAdded ("Either you are with us, or you are with the terrorists." GWB 9/20/01)
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To: Howlin
Ping list, please...
8 posted on 09/22/2003 5:55:22 PM PDT by TomServo ("Upon further review, the refs find that Cody is dead. The play stands -- Cody is dead.")
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To: Jim Robinson
When our $$ could go to other things... Lets go people .
9 posted on 09/22/2003 5:55:29 PM PDT by Tank-FL (Keep the Faith - GO VMI Beat Georgetown)
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To: Jim Robinson
Good luck Jim!
10 posted on 09/22/2003 5:55:45 PM PDT by Canticle_of_Deborah
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To: JustAmy; mtngrl@vrwc; gracie1; Mama_Bear; jkphoto; notpoliticallycorewrecked; ladyinred; ...
We held a series of press conferences this afternoon. Should be on local ABC, CBS and KMPH evening news shows.
11 posted on 09/22/2003 5:55:58 PM PDT by Jim Robinson (Conservative by nature... Republican by spirit... Patriot by heart... AND... ANTI-Liberal by GOD!)
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To: Jim Robinson
Good for you and us! The whole "hate group" slander/libel has really ticked me off. If these folks want to see hate, why don't they peruse their pals at DU or Bartcop. How much hate is over there? The only "prayer thread" you'd find on those sites is one praying for Republicans to die.
12 posted on 09/22/2003 5:56:23 PM PDT by Tijeras_Slim (Sue Fresno!)
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To: ladyinred
Ping!!!!!!!
13 posted on 09/22/2003 5:56:37 PM PDT by Chad Fairbanks ("People never grow up, they just learn how to act in public." - Bryan White)
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To: Jim Robinson
WHOOPEE!

14 posted on 09/22/2003 5:56:51 PM PDT by lawdude
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To: Jim Robinson
Cry "Havoc!" And let slip the Dogs of War!
15 posted on 09/22/2003 5:56:51 PM PDT by Cogadh na Sith (The Guns of Brixton)
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To: Jim Robinson
By all means. It's time these leftists learned that they have no special license to use hateful and inflamatory language to defame those not certified to be politically correct.
16 posted on 09/22/2003 5:56:54 PM PDT by Cicero (Marcus Tullius)
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To: Jim Robinson
stick it to 'em!!!
17 posted on 09/22/2003 5:57:04 PM PDT by bourbon
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To: Jim Robinson
Hit em where it hurts!
18 posted on 09/22/2003 5:57:12 PM PDT by Phantom Lord (Distributor of Pain, Your Loss Becomes My Gain)
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To: mhking; PhiKapMom; knighthawk; 68-69TonkinGulfYachtClub
ping
19 posted on 09/22/2003 5:57:14 PM PDT by NonValueAdded ("Either you are with us, or you are with the terrorists." GWB 9/20/01)
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To: Jim Robinson
Good for you!
We have to make these folks understand the law applies to them too!
20 posted on 09/22/2003 5:57:42 PM PDT by tet68
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