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.)
TO:
Rebecca Klisch
City Clerk
CITY OF FRESNO
2600 Fresno Street
Fresno, California 93721
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:
Free Republic, LLC
Post Office Box 9771
Fresno, California 93794
B. NAME AND ADDRESS OF PERSON TO WHOM CLAIMANT DESIRES
NOTICES TO BE SENT:
Charles L. Doerksen
Attorney at Law
2100 Tulare Street, Suite 410
Fresno, California 93721
Robert J. Taylor, Jr.
Attorney at Law
1200 Paseo Camarillo, Suite 295
Camarillo, California 93010
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):
- 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.)
- 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:
- Debbie Reyes, Chair, Human Relations Commission, City of Fresno
- Human Relations Commission members – Lucille Gahvejian and Shirley Rowe (appointed by Mayor Alan Autry); Enrique Reade and Reina C. Pineda (appointed by Council Member Tom Boyajian); Dr. David Roy (appointed by Council Member Brian Calhoun); Ethel King (appointed by Council Member Cynthia Sterling); Dr. Sudarshan Kapoor (appointed by Council Member Brad Castillo); Gail A. Gaston (Vice-Chair) and Arthur Dyson (appointed by Council Member Mike Dages); and Cary Catalano and Rudy Mosqueda (appointed by Council Member Henry T. Perea).
- Alan Autry – Mayor, City of Fresno
- Fresno City Council members – Tom Boyajian, Brian Calhoun, Cynthia Sterling, Brad Castillo, Mike Dages, Jerry Duncan, and Henry T. Perea.
- Nicholas DeGraff – Member, Peace Fresno
- Mike Rhodes – Editor, Community Alliance magazine
Dated: September ___, 2003
_________________________
Charles L. Doerksen,
Robert John Taylor, Jr.,
Attorneys for claimant
Free Republic, LLC
Yes, I'll be coming out there right after the first of the year. I don't know the exact date because I don't know exactly when I'll finish this well.
I'll fly into wherever and rent a car to drive to Fresno.
I'll let you know when I'll be there.
I'd love to join y'all in your regular week-end freep!
(You know, that hate freep y'all do!)
Nawwww! I'll ride my horse around to the back of the jail and tie my rope around the bars and bust you out like the old days!
....Merry Christmas to you and yours.
Great news ! I hope it's settled soon without getting lawyers more involved. Thanks ...
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