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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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To: Jim Robinson
Yahoo!
641 posted on 12/21/2003 6:08:50 PM PST by Sub-Driver
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To: TexasCowboy
Hey ..... we would love to see you.

Are you coming out to see your daughter? Fresno isn't too far.

If we get locked up for being a hate group, will you take a collection for our bail? LOL
642 posted on 12/21/2003 6:13:19 PM PST by JustAmy (Thanks go out to our military for a job well done!! God bless them all. God Bless America!)
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To: TexasCowboy
Merry Christmas!
643 posted on 12/21/2003 6:29:30 PM PST by Jim Robinson (All your ZOT are belong to us.)
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To: JustAmy; Jim Robinson
"Are you coming out to see your daughter? Fresno isn't too far. "

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!)

644 posted on 12/21/2003 6:40:43 PM PST by TexasCowboy (COB1)
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To: JustAmy
"will you take a collection for our bail? LOL"

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!

645 posted on 12/21/2003 6:45:45 PM PST by TexasCowboy (COB1)
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To: Jim Robinson
Merry Christmas, Jim.
God bless you for being here and giving us so much.
646 posted on 12/21/2003 6:47:43 PM PST by TexasCowboy (COB1)
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To: Jim Robinson
I'll be praying for you Jim!

....Merry Christmas to you and yours.

647 posted on 12/21/2003 6:49:57 PM PST by GrandMoM (I don't care what they may say, JESUS is just ALLRIGHT, with ME--Ohhhh Yeeaah!!!-Doobies)
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To: TexasCowboy
LOL

I'll expect it!!
648 posted on 12/21/2003 7:08:23 PM PST by JustAmy (Thanks go out to our military for a job well done!! God bless them all. God Bless America!)
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To: TexasCowboy
We will be looking forward to seeing you again.

Let us know when you get your schedule.

Bring a jacket! It will not be like last time you were here. LOL
649 posted on 12/21/2003 7:17:16 PM PST by JustAmy (Thanks go out to our military for a job well done!! God bless them all. God Bless America!)
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To: Jim Robinson
:-} In case that isn't perfectly clear...GRIN...
650 posted on 12/21/2003 7:28:32 PM PST by tiki
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To: Jim Robinson
Good for you Jim. Best of luck and Merry Christmas.
651 posted on 12/21/2003 7:45:55 PM PST by PA Engineer
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To: Jim Robinson
They didn't LIBEL you, or defame your character? Yeah right!! Debbie Reyes published in the Fresno Bee, statements that you were a HATE GROUP, period!!

The whole thing is in writing!!

It would be laughable, but it was SO UPSETTING to all of us and it made us all angry. We are members of this community, so they called "us" members of that hate group too. "We" are Veterans, Active Duty Military, Journalists, Doctors, nurses, teachers, Clerks, Secretary's, lawyers, and a host of other professional people.

I was so upset, that I offered to donate 50 dollars immediately to help you defray lawyer fee's!!!

Those of us who have known you for so many years, were OUTRAGED that someone would accuse you of this.

So YES, it was MOST DEFINETLY LIABLE and DEFAMATION. When you go into court and show them the MAN you are, it will have GREAT IMPACT. And when you show them the PICTURES OF ALL the years, and of ALL the rallies you have done.. and all the PATRIOTISM you have promoted.. NOT HATE.. then these IDIOTS will have exposed themselves for the BLATHERING IDIOTS that they truly are.

I say fine, mediate.. negotiate.. TAKE YOUR SCRAPBOOK WITH YOU..AND VIDEO'S TOO.. but do NOT give them an inch.

This was an OUTRAGE!!

God Bless you and your's Jim.. and Merry CHRISTmas!!
652 posted on 12/21/2003 8:45:26 PM PST by Vets_Husband_and_Wife
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To: TexasCowboy; Jim Robinson
Thanks for the ping, T.C.

My prayers are with you, J.R. I'm fairly new to this site. I've seen a lot of love, dedication, passion, and commitment to ideals from a group of people who seem to enjoy voicing their opinions and who are seemingly unafraid to take a stand in defense of those ideals when necessary.
Conservatives spent a lot of years being the "silent majority", and allowing themselves to be negatively portrayed, and erroneously defined quite successfully by a group of people who pretty much epitomize hatred. They certainly "hate" us, and everything we believe in and stand for. They hate us even more now, because we are, more and more, refusing to be intimidated and silenced, and they sense a change in the air. That change has been accomplished because of people like you, who have provided consistent information, encouragement, leadership, venue, and opportunity for participation. Just wanted to say thank you, God bless, and put some $$ where my mouth and heart are...:)
653 posted on 12/21/2003 10:31:17 PM PST by LucyJo
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To: Jim Robinson
HA!!! Good one! Go get em!
654 posted on 12/21/2003 10:36:03 PM PST by fly_so_free (Never underestimate the treachery of the democrat party. Save USA- vote a democrat out of office)
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To: Jim Robinson
Holy crap, I only just read about this now, for the first time. Good luck, Jim, with this. Count me in if you need donations. This pisses me off.
655 posted on 12/21/2003 11:05:53 PM PST by sfRummygirl (SAVE TERRI SHINDLER SCHIAVO...www.terrisfight.org)
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To: Jim Robinson
Great news ! I hope it's settled soon without getting lawyers more involved. Thanks ...

656 posted on 12/22/2003 2:22:01 AM PST by MeekOneGOP (Hillary is a TRAITOR !!: http://Richard.Meek.home.comcast.net/HitlerTraitor6.JPG)
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To: TexasCowboy; Jim Robinson
A hate group? That is preppsterous! We make misconstrued remarks and we are a passsionate bunch, the only thing we hate is injustice and lies!
657 posted on 12/22/2003 2:47:29 AM PST by JustPiper (Following the course of least resistance makes for crooked rivers and crooked men)
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To: TexasCowboy
BTTT!!!!!!
658 posted on 12/22/2003 3:07:41 AM PST by E.G.C.
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To: TexasCowboy; Jim Robinson
Bump or the Good (FR) Guys!
659 posted on 12/22/2003 8:09:03 AM PST by blackie
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To: JustAmy; mtngrl@vrwc; gracie1; Mama_Bear; jkphoto; notpoliticallycorewrecked; ladyinred; ...
Howdy everyone. The settlement negotiations are going well. We reached an agreement in principle with the City Attorney's office and the next step is the City Council. We expect them to agree to the terms negotiated today and if so, there should be a press release from the City shortly after their next meeting, which I believe is scheduled for Jan 6. Can't go into confidential details about the terms until after the City Council meeting and it's a done deal. A mutually agreed upon press release will be posted at that time.
660 posted on 12/22/2003 6:57:53 PM PST by Jim Robinson (All your ZOT are belong to us.)
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