CC SR 20181107 E - Claims Against the City - Townsend, Hamler, and DavisRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/07/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action regarding claims against the City by Cherie
Townsend, Jalen Hamler and London Davis.
RECOMMENDED COUNCIL ACTION:
(1) Reject the claims and direct Staff to notify the claimants.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Emily Colborn, City Clerk
REVIEWED BY: Gabriella Yap, Deputy City Manager
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Townsend, Hamler and Davis claims (page A-1)
BACKGROUND AND DISCUSSION:
The claimants allege emotional distress, physical distress, and various civil rights
violations due to comments made regarding Ms. Townsend during a press conference.
The alleged incidents occurred when Cherie Townsend was arrested on May 16, 2018,
for the murder of Susan Leeds, which occurred on May 3, 2018, at the Promenade on
the Peninsula mall in the City of Rolling Hills Estates. The claims were filed on October
2, 2018.
The City’s Claims Administrator, Carl Warren and Company, has reviewed the claim
and advised the City to reject it due to varying reasons. There is no liability for the City
of Rancho Palos Verdes; the arrest and release of Ms. Townsend was done by the Los
Angeles County Sheriff’s Department (LASD); the press conference was organized by
LASD; and the alleged comments the Daily Breeze published in an online news article
quoting Mayor Brooks were extremely limited and in no way incur any liability on behalf
of the City.
1
FILE WITH: CLAIM FOR DAMAGES RESERVE FOR FILING STAMP
CITY CLERK'S OFFICE
a.011-01CityofRanchoPalosVerdes
TO PERSON OR PROPERTY
CLAIM NO.
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
RECEIVEDINSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not :rrv OF RANCHO PALOS VER
DE;:
later than six months after the occurrence. (Gov. Code Sec. 911.2.)
2. Claims for damages to real property must be filed not later than 1 year after OCT 02 2018theoccurrence. (Gov. Code Sec. 911.2.)
3. Read entire claim form before filing.
4. See Page 2 for diagram uponwhich to locate place of accident.
5. THIS CLAIM FORM MUST BE SIGNED ON PAGE 2 AT BOTTOM. r~~TY CLE l(I~ OFFIC ~ " :t,,,§
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
TO: CITY OF RANCHO PALOS VERDES Date of Birth of Claimant
Mayor Susan Brooks See Attached
Name of Claimant Occupation of Claimant
Cherie Lynnette Townsend See Attached
Home Address of Claimant City and State Home Telephone Number
633 West Fifth Street, 28th Floor, Los Angeles, California 213-533-4130
Business Address of Claimant City and State Business Telephone Number
633 West Fifth Street, 28th Floor, Los Angeles, California 213-533-4130
Give address and telephone number to which you desire notices or Claimant's Social Security No.
communications to be sent regarding this claim: See Attached633WestFifthStreet, 28th Floor, Los Angeles, CA (213) 533-4130
When did DAMAGE or INJURY occur? Names of any cl~ employees involved in INJURY or DAMAGE
Date See Attached. Time See Attached. Mayor Susan Broo s
If claim is for Equitable Indemnity, give date
claimant served with the complaint:
Date
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give
street names and address and measurements from landmarks:
See Attached.
Describe in detail how the DAMAGE or INJURY occurred.
Claimant was falsely accused of murdering a white woman in Roiling Hills Estates without sufficient evidence to demonstrate suspicion
of guilt. On May 18, 2018, the Daily Breeze published an online news article quoting Rancho Palos Verdes Mayor Susan Brooks as
saying: "I'm relieved to know that the individual [Cherie Townsend] was apprehended, but it's disturbing to know that she came from so
far away (to commit a crime)." Mayor Brooks was acting within the scope of her employment by making a statement to the media in
relation to a crime committed in the area which had shocked the community and was of major public concern. The statement accuses
claimant of committing a crime, a statement that is defamatory per se, and is completely false. Further, the statement was published
online for the entire world to see by Rancho Palos Verde's premier local print and digital news media company, the Daily Breeze. See
Attached for further information.
Why do you claim the city Is responsible?
The City is a public entity, and public entities are liable for injuries proximately caused by an act or omission of its employees acting
within the scope of employment. Mayor Brooks is an employee of the City under California law, and her actions were taken within the
scope of her employment as Mayor. Thus, Mayor Brooks is liable as an individual and the City is vicariously liable. See Attached for
further information.
Describe in detail each INJURY or DAMAGE.
Claimant has suffered, without limitation, humiliation, physical distress, inconvenience, emotional distress, mentar"anguish, pain and
suffering, loss of enjoyment of life, and loss of bodily and neurological functioning as a result of the tortious acts committed by Mayor
Brooks. Additionally, Claimant was diagnosed for the first time wit.h post traumatic stress disorder ("PTSD") as a result of the incident
and the actions of the Mayor and others. See Attached for further information.
This Claim Must Be Signed on Page 2
A-1
The amount claimed, as of the date of presentation of this claim, is computed as follows:
Damages incurred to date (exact): In excess of$ 25,ooo Estimated prospective damages as far as known: In excess of$ 25 1000
Damage to property .................... $U nkn own Future expenses for medical and hospital care. $Unkn own
Expenses for medical and hospital care ... $Unknown Future loss of earnings ..................... $Unknown
Loss of earnings ...................... $Unknown Other prospective special damages .......... $Unknown
Special damages for ................... $Unknown Prospective general damages ............... $Unknown
General damages ...................... $Unknown
Total damages incurred to date ........ $Unknown
Total amount claimed as of date of presentation of this claim:
Total estimate prospective damages ....... $Unknown
In excess of the jurisdictional minimum of the Superior
Court of the State of California and exceed $12,000,000 .00
Was damage and/or injury investigated by police? Unciear If so, what city?,;Un::.;ci;:.e:.:a::..r _______________ _
Were paramedics or ambulance called? No If so, name city or ambulance _N_A _______________ _
If injured, state date, time, name and address of doctor of your first visit _s_ee_A_1_1a_ch_e_d ________________ _
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
NameSeeAt1ad1ed Address See At1ad1ed Phone_s_ee_A_t_ta_di_e_d __ . ___ _
Name See At1ad1ed Address See Atlached Phone_s_ee_A_t_1a_e11_e_d _____ _
Name See Allad1ed Address See Atlached Phone_s_ee_A_t_ta_cti_e_d _____ _
DOCTORS and HOSPITALS:
Hospital Kaiser Permanente Southern Ca lifornia
Doctor Hieu Thuan Phan. M.D.
Doctor Eric Jonathan Drimmer, M.D .
Address 3280 E. Foothill Blvd .. Pasadena, CA 91103 Date Hospitalized_J~Ly_1_7_. 2_0_1a ____ _
Address 10850 Arrow Roule. Rancho Cucamonga, CA 91730 Date of Treatment _Ju_1y_1_1_. 2_0_1_8 ___ _
Address 9951Sierra Ave nue , Fontana. CA 92335 Date of Treatment _Ju_1y_1_7_. 2_0_1_8 ___ _
READ CAREFULLY
For all accident claims place on following diagram names
of streets, including North, East, South, and West; indicate
place of accident by "X" and by showing house numbers
or distances to street corners . If City Vehicle was
involved, designate by letter "A" location of City Vehicle
when you first saw it, and by "B" location of yourself or
your vehicle when you first saw City vehicle; location of
City vehicle at time of accident by "A-1" and location of
yourself or your vehicle at the time of the accident by
B-1" and the point of impact by "X." NOTE: If diagrams
below do not fit the situation, attach hereto a proper
diagram signed by the claimant.
CURBJ
Signature of Claimant or person filing on
his behalf ~onship to Claimant:
c =fc~~~
SID EWA LK
PARl<WAY
SIDEWALK
Typed Name:
Isl Nazareth M. Haysbert, Esq .
Attorney for Cherie Lynnette Townsend
Date:
October 1, 2018
NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.)
A-2
NAZARETH M . HAYSBERT
Attention: Claims
Emily Colborn, City Clerk
City Clerk 's Office,
30940 Hawthorne Blvd.
HAYSBERT MOULTRIE, LLP
ATTORNEYS AT LAW
U.S . Bank Tower
633 West 5th Street, 28th Floor
Los Angeles , California 90071
Phone: (213) 533-4130
Fax: (310) 424-7140
nazareth@hm law .la
October 1, 2018
Rancho Palos Verdes, CA 90275
RE: Cherie Lynnette Townsend
TO WHOM IT MAY CONCERN:
JAMES MOULTRIE III
This letter constitutes a claim for damages pursuant to California Government Code § 910
et seq., for injuries sustained by Ms. Cherie Lynnette Townsend arising from violations of
statutory, common law, and constitutional rights as set forth below.
1. Claimant's Name and Address [Cal. Gov. Code Section 910(a)]
The name of the claimant is Cherie Townsend. Claimant's date of birth is Her
social security number is All notices and communications concerning this claim
should be sent to Claimant c/o Nazareth M. Haysbert, Esq. Haysbert Moultrie LLP, U.S . Bank
Tower, 633 West 5th Street, 28th Floor, Los Angeles, California 90071. The telephone number is
213) 533-4130. The fax number is (310) 424-7140.
2. Mailing Address Where Notices Should Be Sent [Cal. Gov. Code Section 910(b)]
Nazareth M. Haysbert, Esq.
Haysbert Moultrie, LLP
U.S. Bank Tower
633 West 5th Street, 28th Floor
Los Angeles, CA 90071
Tel: (213) 533-4130
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Sign
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3. Date and Location of the Claim
The date and location of the Claim was between May 16, 2018 to the present in one or more
of the following locations:
Los Angeles County Sheriffs Department, Lomita Station, 26123 Narbonne Ave.,
Lomita, CA 90717
Promenade On The Peninsula, 550 Deep Valley Dr., Rolling Hills Estates, CA 90274
California Interstate Highway Route 10, Pomona, CA
Hall of Justice, 211 W. Temple St., Los Angeles, CA 90012
Century Regional Detention Facility, 11705 Alameda St., Los Angeles, CA 90059
Lynwood Jail")
Office of Eric Jonathan Drimmer, M.D., 9961 Sierra Avenue, Fontana, CA 92335
Los Angeles Sheriffs Department Walnut/Diamond Bar Station, 21695 E. Valley
Blvd. Walnut, CA 91789
This claim includes wrongful, tortious and/or unconstitutional actions or inaction of
individuals and entities referenced in paragraph 6 below in regards to Claimant and her welfare
occurring after May 16, 2018 and up to May 22, 2018, while she was in LASD custody, and
continuing to the present day.
4. Description of the Injury, Damage and/or Loss Incurred [Cal. Gov. Code Section
910(d)]
The circumstances giving rise to the Claim are as follows:
Upon information and belief, on May 16, 2018, Ms. Cherie Lynnette Townsend, a single
mother of African-American descent, was pulled over and arrested at gunpoint by Los Angeles
County Sheriffs Department officers while driving on the 10 Freeway in Pomona, California.
Upon information and belief, her car and other items of personal property were seized, and she
was interrogated for several hours at the LASD Walnut/Diamond Bar Station where she was
accused of murder at the Promenade On The Peninsula Mall. Upon information and belief, Ms.
Townsend was parked on the same level of the mall parking structure as the murder victim around
the time of the murder. Upon information and belief, there were many people and cars moving
through the structure during that time, and that information alone is insufficient evidence to form
the basis of probable cause.
Between May 16, 2018, and May 22, 2018, Ms. Townsend was detained at the Lomita
Station and the Century Regional Detention Facility ("Lynwood Jail"). On May 18, 2018, the
2 -Sig ~-
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LASD conducted a press conference giving an update on the status of the case. During the
conference, Sheriff McDonnell stated that "critical evidence" found at the scene of the crime led
investigators to a suspect in the murder. McDonnell announced Ms. Townsend's full name to the
public. McDonnell named her as the sole suspect in the case and stated that other evidence had
exonerated their only prior suspect. Further, the LASD released surveillance footage from the mall
at the time of the incident which showed many people and vehicles moving through the parking
structure. The stated purpose of releasing this footage was to show that there should have been
witnesses to the crime and to ask the public to come forward with information. Upon information
and belief, it was not shown to help identify a suspect or other people that could have been
involved. The surveillance video was also posted to Facebook and indicated the specific time that
the incident occurred and the time that Ms. Townsend's vehicle left the garage. Upon information
and belief, comments left on this Facebook post indicated that members of the public believed Ms.
Townsend was a murderer and that the community was safe now that she had been apprehended.
On May 18, 2018, the Daily Breeze published an article quoting Rancho Palos Verdes
Mayor Susan Brooks, saying "I 'm relieved to know that the individual was apprehended, but it 's
disturbing to know that she came from so far away (to commit a crime)."
On or about May 22, 2018, the LASD presented their evidence against Ms. Townsend to
the county prosecutors. The prosecutors declined to press charges and stated that there was not
enough evidence to charge Ms. Townsend with a crime. Later that day , Ms. Townsend was
released without restrictions. Upon information and belief, Ms. Townsend was given a receipt for
property from the Lomita Station, but the receipt did not list her car, medication, or other personal
items that were taken when she was arrested. Upon information and belief, Ms . Townsend has still
not been charged with a crime and no other suspects have been announced.
The general description of the injury, damage, and loss to Cherie Townsend includes ,
without limitation, humiliation, physical distress, inconvenience, emotional distress, mental
anguish, pain and suffering, loss of enjoyment of life, loss of bodily and neurological functioning ,
deprivation of property, and civil rights violations as a result of the incident and the actions of
Mayor Susan Brooks and others. The full extent of the injuries and/or prognosis suffered is
currently unknown. What is known is that Claimant has no history of mental health issues but was
diagnosed for the first time with post traumatic stress disorder ("PTSD") as a result of the incident
and the actions of Mayor Susan Brooks and others by her doctor, Eric Jonathan Drimmer, M.D .
Ms. Townsend's causes of action against the City of Rancho Palos Verdes and its
employees may include, without limitation, negligence, defamation, intentional infliction of
emotional distress , negligent infliction of emotional distress , false arrest/imprisonment, violations
of the California Bane Act (California Civil Code § 52.1 ), and violation of civil and constitutional
rights including the Fourth and Fourteenth Amendments, and Defamation under 42 U .S.C. § 1983.
3 -Sign ~--
A-5
Claimant's extremely serious and possibly permanent injuries occurred as a direct result of
the acts or omissions of the City of Rancho Palos Verdes and its agents, as well as other actors.
Claimant seeks compensation for the wrongful, umeasonable, negligent, reckless, intentional
and/or malicious conduct that caused this situation, including, without limitation, actions or
inactions that caused Claimant's distress and injuries.
5. Why the City of Rancho Palos Verdes and Mayor Susan Brooks are Responsible
The City of Rancho Palos Verdes, as a public entity, is liable for injury proximately caused
by an act or omission of its employees acting within the scope of employment. Upon information
and belief, the City ofRancho Palos Verdes, through its agent Mayor Susan Brooks, falsely labeled
Ms. Townsend as a murderer in violation of state and federal law, and furthermore, denied Ms.
Townsend the right to defend herself against these allegations and to return her property, and failed
to create clear policies for conduct during murder investigations.
6. Names of the County Employees (And Their Departments) Involved in Injury or
Damage [Cal. Gov. Code Section 910(e)]
This Claim seeks damages from all individuals, supervisors, directors, chiefs, sheriffs,
agencies, agents, and counties whose umeasonable, unjustifiable, reckless, negligent, intentional
and/or malicious actions or inactions caused or contributed to Claimant's injuries and/or inability
to recover and thrive, including the County of Los Angeles, the Los Angeles County Sheriffs
Department, the City of Rancho Palos Verdes, and Rancho Palos Verdes Mayor Susan Brooks,
and as yet , unknown officers and agents of the County of Los Angeles. The names and capacities
of all such potential parties are currently unknown.
7. Names and Addresses of Known Witnesses to Damage or Injury
Currently unknown.
8. Amount Claimed and Expenditures Made [Cal. Gov. Code Section 910(m)]
The money damages claimed are in excess of the jurisdictional minimum of the Superior
Court of the State of California and exceed $12,000,000. Therefore, this case constitutes an
unlimited civil case with jurisdiction resting in superior court. Damages sought, include, without
limitation, pain and suffering, loss of enjoyment of life, future medical, mental health and
rehabilitative care, and punitive damages. No insurance company has paid any bills relating to Ms.
Townsend's claimed losses.
4 -Sign ~
A-6
I have read the matters and statements made in the above claim and I know the same to be
true of my own knowledge, except as to those matters stated upon information or belief and as to
such matters I believe the same to be true.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE
OF CALIFORNIA THAT THE FOREGOING IS TRUE_~ND CORRECT.
Signed by or on behalf of Claimant:
Nazareth M. Haysbert
Attorney for Claimant
5 -Sign~
A-7
FILE WITH:
CITY CLERK'S OFFICE
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
INSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not
later than six months after the occurrence. (Gov. Code Sec. 911.2.)
2. Claims for damages to real property must be filed not later than 1 year after
the occurrence. (Gov. Code Sec. 911.2.)
3. Read entire claim form before filing.
4. See Page 2 for diagram upon which to locate place of accident.
5. THIS CLAIM FORM MUST BE SIGNED ON PAGE 2 AT BOTTOM.
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
TO: CITY OF RANCHO PALOS VERDES
Mayor Susan Brooks
Name of Claimant
Jalen Hamler
Home Address of Claimant City and State
633 West Fifth Street, 28th Floor, Los Angeles, California
Business Address of Claimant City and State
633 West Fifth Street, 28th Floor, Los Angeles, California
Give address and telephone number to which you desire notices or
communications to be sent regarding this claim:
633 West Fifth Street, 28th Floor, Los Angeles, CA (213) 533-4130
RESERVE FOR FILING STAMP
CLAIM NO. C}.-O/ f • 0 8:
FlECEiVED
iTY OF RANCHO PALOS VERDEE
OCT 02 2018
Date of Birth of Claimant
Occupation of Claimant
See Attached
Home Telephone Number
213-533-4130
FFI
Business Telephone Number
213-533-4130
Claimant's Social Security No.
See Attached
When did DAMAGE or INJURY occur?
Date See Attached. Time See Attached.
Names of any city employees involved in INJURY or DAMAGE
Mayor Susan Brooks
If claim is for Equitable Indemnity, give date
claimant served with the complaint:
Date
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give
street names and address and measurements from landmarks:
See Attached.
Describe in detail how the DAMAGE or INJURY occurred.
Claimant's mother, Cherie Townsend, was falsely accused of murdering a white woman in Rolling Hills Estates without sufficient
evidence to demonstrate suspicion of guilt. On May 18, 2018, the Daily Breeze published an online news article quoting Rancho
Palos Verdes Mayor Susan Brooks as saying: "I'm relieved to know that the individual [Cherie Townsend] was apprehended, but
it's disturbing to know that she came from so far away (to commit a crime)." Mayor Brooks was acting within the scope of her
employment by making a statement to the media in relation to a crime committed in the area which had shocked the community
and was of major public concern. The statement accuses claimant of committing a crime, a statement that is defamatory per se,
and is completely false. Further, the statement was published online for the entire world to see by Rancho Palos Verde's premier
local print and digital news media company, the Daily Breeze. See Attached for further information.
Why do you claim the city is responsible?
The City is a public entity, and public entities are liable for injuries proximately caused by an act or omission of its employees acting
within the scope of employment. Mayor Brooks is an employee of the City under California law, and her actions were taken within the
scope of her employment as Mayor. Thus, Mayor Brooks is liable as an individual and the City is vicariously liable. See Attached for
further information.
Describe in detail each INJURY or DAMAGE.
Claimant has suffered, without limitation, humiliation, physical distress, inconvenience, emotional
distress, mental anguish, pain and suffering, loss of enjoyment of life, and loss of bodily and
neurological functioning as a result of the tortious acts committed by Mayor Brooks. See Attached for
further information.
This Claim Must Be Signed on Page 2
A-8
The amount claimed, as of the date of presentation of this claim, is computed as follows:
Damages incurred to date (exact): Estimated prospective damages as far as known:
Damage to property .................... $Unknown Future expenses for medical and hospital care. $Unknown
Expenses for medical and hospital care ... $Unknown Future loss of earnings ..................... $Unknown
Loss of earnings ...................... $Unknown Other prospective special damages .......... $Unknown
Special damages for ................... $Unknown Prospective general damages ............... $Unknown
Total estimate prospective damages ....... $In excess of25k
General damages ...................... $In excess of25k
Total damages incurred to date ........ $ In excess of 25k
Total amount claimed as of date of presentation of this claim: $ In excess of the jurisdictional minimum of the California Superior Court
Was damage and/or injury investigated by police? Unclear If so, what city?_u_nc_le_a_r ---------------
Were paramedics or ambulance called? No If so, name city or ambulance _N_A ______________ _
If injured, state date, time, name and address of doctor of your first visit _s_ee_A_tt_ac_h_ed ________________ _
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name See Attached Address See Attached Phone_s_ee_A_tt_ac_h_ed _____ _
Name See Attached
Name See Attached
DOCTORS and HOSPITALS:
Address See Attached
Address See Attached
Phone See Attached
Phone See Attached
Hospital ____________ .Address _______________ Date Hospitalized _______ _
Doctor Address Date of Treatment ______ _
Doctor Address Date of Treatment ______ _
READ CAREFULLY
For all accident claims place on following diagram names
of streets, including North, East, South, and West; indicate
place of accident by "X" and by showing house numbers
or distances to street corners. If City Vehicle was
involved, designate by letter "A" location of City Vehicle
when you first saw it, and by "B" location of yourself or
CURBJ
your vehicle when you first saw City vehicle; location of
City vehicle at time of accident by "A-1" and location of
yourself or your vehicle at the time of the accident by
8-1" and the point of impact by "X." NOTE: If diagrams
below do not fit the situation, attach hereto a proper
diagram signed by the claimant.
SIDEWALK
PARKWAY
Signature of Claimant or person filing on
his behalf giving relationship to Claimant:
SIDEWALK
Typed Name:
s/ Nazareth M. Haysbert, Esq.
Date:
October 1, 2018
NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.)
A-9
NAZARETH M. HAYSBERT
Attention: Claims
Emily Colborn, City Clerk
City Clerk's Office,
30940 Hawthorne Blvd.
HAYSBERT MOULTRIE, LLP
ATTORNEYS AT LAW
U.S. Bank Tower
633 West 5th Street, 28th Floor
Los Angeles, California 90071
Phone: (213) 533-4130
Fax: (310) 424-7140
nazareth@hm law. Ia
October 1, 2018
Rancho Palos Verdes, CA 90275
RE: Jalen Hamler
TO WHOM IT MAY CONCERN:
JAMES MOULTRIE III
This letter constitutes a claim for damages pursuant to California Government Code § 910
et seq., for injuries sustained by Mr. Jalen Hamler arising from violations of statutory, common
law, and constitutional rights as set forth below.
1. Claimant's Name and Address [Cal. Gov. Code Section 910(a)J
The name of the claimant is Jalen Hamler. Claimant's date of birth is His
social security number is All notices and communications concerning this claim
should be sent to Claimant c/o Nazareth M. Haysbert, Esq. Haysbert Moultrie LLP, U.S. Bank
Tower, 633 West 5th Street, 28th Floor, Los Angeles, California 90071. The telephone number is
213) 533-4130. The fax number is (310) 424-7140.
2. Mailing Address Where Notices Should Be Sent [Cal. Gov. Code Section 910(b)]
Nazareth M. Haysbert, Esq.
Haysbert Moultrie, LLP
U.S. Bank Tower
633 West 5th Street, 28th Floor
Los Angeles, CA 90071
Tel: (213) 533-4130
1 -Sign~
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3. Date and Location of the Claim
The date and location of the Claim was between May 16, 2018 to the present in one or more
of the following locations:
Los Angeles County Sheriff's Department, Lomita Station, 26123 Narbonne Ave.,
Lomita, CA 90717
Promenade On The Peninsula, 550 Deep Valley Dr., Rolling Hills Estates, CA 90274
California Interstate Highway Route 10, Pomona, CA
Hall of Justice, 211 W. Temple St., Los Angeles, CA 90012
Century Regional Detention Facility, 11705 Alameda St., Los Angeles, CA 90059
Lynwood Jail")
Office of Eric Jonathan Drimmer, M.D., 9961 Sierra Avenue, Fontana, CA 92335
Los Angeles Sheriff's Department Walnut/Diamond Bar Station, 21695 E. Valley
Blvd. Walnut, CA 91789
This claim includes wrongful, tortious and/or unconstitutional actions or inaction of
individuals and entities referenced in paragraph 6 below in regards to Claimant's mother and her
welfare occurring after May 16, 2018 and up to May 22, 2018, while she was in LASD custody,
and continuing to the present day.
4. Description of the Injury, Damage and/or Loss Incurred [Cal. Gov. Code Section
910(d)]
The circumstances giving rise to the Claim are as follows:
Upon information and belief, on May 16, 2018, Ms. Cherie Lynnette Townsend, a single
mother of African-American descent, was pulled over and arrested at gunpoint by Los Angeles
County Sheriff's Department officers while driving on the 10 Freeway in Pomona, California.
Upon information and belief, her car and other items of personal property were seized, and she
was interrogated for several hours at the LASD Walnut/Diamond Bar Station where she was
accused of murder at the Promenade On The Peninsula Mall. Upon information and belief, Ms.
Townsend was parked on the same level of the mall parking structure as the murder victim around
the time of the murder. Upon information and belief, there were many people and cars moving
through the structure during that time, and that information alone is insufficient evidence to form
the basis of probable cause.
Between May 16, 2018, and May 22, 2018, Ms. Townsend was detained at the LASD
Walnut/Diamond Bar Station and the Century Regional Detention Facility ("Lynwood Jail"). On
2 -
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A-11
May 18 , 2018, the LASD conducted a press conference giving an update on the status of the case.
During the conference, Sheriff McDonnell stated that "critical evidence" found at the scene of the
crime led investigators to a suspect in the murder. McDonnell announced Ms. Townsend's full
name to the public. McDonnell named her as the sole suspect in the case and stated that other
evidence had exonerated their only prior suspect. Further, the LASD released surveillance footage
from the mall at the time of the incident which showed many people and vehicles moving through
the parking structure. The stated purpose of releasing this footage was to show that there should
have been witnesses to the crime and to ask the public to come forward with information. Upon
information and belief, it was not shown to help identify a suspect or other people that could have
been involved. The surveillance video was also posted to Facebook and indicated the specific time
that the incident occurred and the time that Ms. Townsend 's vehicle left the garage. Upon
information and belief, comments left on this Facebook post indicated that members of the public
believed Ms. Townsend was a murderer and that the community was safe now that she had been
apprehended.
On May 18, 2018, the Daily Breeze published an article quoting Rancho Palos Verdes
Mayor Susan Brooks, saying "I'm relieved to know that the individual was apprehended, but it's
disturbing to know that she came from so far away (to commit a crime)."
On or about May 22, 2018, the LASD presented their evidence against Ms. Townsend to
the county prosecutors. The prosecutors declined to press charges and stated that there was not
enough evidence to charge Ms . Townsend with a crime. Later that day, Ms. Townsend was
released without restrictions. Upon information and belief, Ms. Townsend was given a receipt for
property from the Lomita Station, but the receipt did not list her car, medication, or other personal
items that were taken when she was arrested. Uponinformation and belief, Ms. Townsend has still
not been charged with a crime and no other suspects have been announced.
The general description of the injury, damage, and loss to Cherie Townsend 's son, Jalen
Hamler, includes, without limitation, humiliation, physical distress, inconvenience, emotional
distress, mental anguish, pain and suffering, loss of enjoyment of life, loss of bodily and
neurological functioning , deprivation of property , and civil rights violations as a result of the
incident and the actions of Mayor Susan Brooks and others . The full extent of the injuries and/or
prognosis suffered is currently unknown.
Mr. Hamler' s causes of action against the City of Rancho Palos Verdes and its employees
may include, without limitation, loss of consortium, negligence , defamation, intentional infliction
of emotional distress, negligent infliction of emotional distress , and violation of civil and
constitutional rights including the Fourth and Fourteenth Amendments.
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Claimant's extremely serious and possibly permanent injuries occurred as a direct result of
the acts or omissions of the City of Rancho Palos Verdes and its agents, as well as other actors .
Claimant seeks compensation for the wrongful, unreasonable, negligent , reckless, intentional
and/or malicious conduct that caused this situation, including, without limitation, actions or
inactions that caused Claimant's distress and injuries.
5. Why the City of Rancho Palos Verdes and Mayor Susan Brooks are Responsible
The City of Rancho Palos Verdes, as a public entity, is liable for injury proximately caused
by an act or omission of its employees acting within the scope of employment. Upon information
and belief, the City ofRancho Palos Verdes, through its agent Mayor Susan Brooks, falsely labeled
Mr. Hamler's mother , Ms. Cherie Townsend, as a murderer in violation of state and federal law,
and fmihermore, denied Ms. Townsend the right to defend herself against these allegations and to
return her prope1iy , and failed to create clear policies for conduct during murder investigations.
6. Names of the County Employees (And Their Departments) Involved in Injury or
Damage [Cal. Gov. Code Section 910(e)]
This Claim seeks damages from all individuals, supervisors, directors, chiefs, sheriffs,
agencies, agents, and counties whose unreasonable, unjustifiable, reckless, negligent, intentional
and/or malicious actions or inactions caused or contributed to Claimant's injuries and/or inability
to recover and thrive , including the County of Los Angeles, the Los Angeles County Sheriffs
Department, the City of Rancho Palos Verdes, and Rancho Palos Verdes Mayor Susan Brooks,
and as yet, unknown officers and agents of the County of Los Angeles. The names and capacities
of all such potential paiiies are currently unknown.
7. Names and Addresses of Known Witnesses to Damage or Injury
Currently unknown.
8. Amount Claimed and Expenditures Made [Cal. Gov. Code Section 910(m)]
The money damages claimed are in excess of the jurisdictional minimum of the Superior
Court of the State of California. Therefore , this case constitutes an unlimited civil case with
jurisdiction resting in superior court. Damages sought, include, without limitation, pain and
suffering, loss of ertjoyment of life, future medical, mental health and rehabilitative care, and
punitive damages. No insurance company has paid any bills relating to Mr. Hamler's claimed
losses.
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I have read the matters and statements made in the above claim and I know the same to be
true of my own knowledge, except as to those matters stated upon information or belief and as to
such matters I believe the same to be true.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE
OF CALIFORNIA THAT THE FOREGOING IS RUE AND CORRECT.
Signed by or on behalf of Claimant:
Nazareth M. Haysbert
Attorney for Claimant
Dated: _ __,,,,O""""'----"-c-=,/±Ll\2-+-~-e_ /" _ ___,\'----T---=-;)_J _l-----''(g,,_· __ _
l
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FILE WITH: CLAIM FOR DAMAGES RESERVE FOR FILING STAMP
CITY CLERK'S OFFICE
b'07 e--.. oC\ City of Rancho Palos Verdes
TO PERSON OR PROPERTY
CLAIM NO.
30940 Hawthorne B lvd.
Rancho Palos Verdes, CA 90275
INSTRUCTIONS RECEIVED
1. Claims for death, injury to person or to personal property must be filE'.d not
later than six months after the occurrence. (Gov. Code Sec. 911.2.) ,.:;
ITV OF RANCHO PALOS VERD ES
2. Claims for damages to real property must be filed not later than 1 year after
OCT 0 2 2018theoccurrence. (Gov. Code Sec. 911.2.)
3. Read entire claim form before filing.
4. See Page 2 for diagram upon which to locate place of accident.
C!TY CLERK 'S OFF1 cr: 5. THIS CLAIM FORM MUST BE SIGNED ON PAGE 2 AT BOTTOM.
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
TO: CITY OF RANCHO PALOS VERDES Date of Birth of Claimant
Mayor Susan Brooks
Name of Claimant Occupation of Claimant
Londo n Davis See Attached
Home Address of Claimant City and State Home Telephone Number
633 West Fifth Street, 28th F loor, Los Angeles, California 213-533-4130
Business Address of Claimant City and State Business Telephone Number
633 West Fifth Street , 28th Floor, Los Angeles, Ca lifornia 213-533-4130
Give address and telephone number to which you desire notices or Claimant's Social Security No.
communications to be sent regarding this claim: See Attached633WestFifthStreet, 28th Floor, Los Angeles, CA (213) 533-4130
When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE
Date See Attached. Time See Attached. Mayor Susan Brooks
If claim is for Equitable Indemnity, give date
claimant served with the complaint:
Date
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on Page 2. Where appropriate, give
street names and address and measurements from landmarks:
See Attached .
Describe in detail how the DAMAGE or INJURY occurred.
Claimant's mother, Cherie Townsend, was falsely accused of murdering a white woman in Rolling Hills Estates without sufficient
evidence to demonstrate suspicion of guilt. On May 18, 2018, the Daily Breeze published an online news article quoting Rancho
Palos Verdes Mayor Susan Brooks as saying: "I'm relieved to know that the individual [Cherie Townsend] was apprehended, but
it's disturbing to know that she came from so far away (to commit a crime)." Mayor Brooks was acting within the scope of her
employment by making a statement to the media in relation to a crime committed in the area which had shocked the community
and was of major public concern. The statement accuses claimant of committing a crime, a statement that is defamatory per se,
and is completely false . Further, the statement'was published online for the entire world to see by Rancho Palos Verde's premier
local print and digital news media company, the Daily Breeze. See Attached for further information .
Why do you claim the city is responsible?
The City is a public entity, and public entities are liable for injuries proximately caused by an act or omission of its employees acting
within the scope of employment. Mayor Brooks is an employee of the City under California law , and her actions were taken within the
scope of her employment as Mayor. Thus, Mayor Brooks is liable as an individual and the City is vicariously liable . See Attached for
further information.
Describe in detail each INJURY or DAMAGE.
Claimant has suffered, without limitation, humiliation, physical distress, inconvenience, emotional
distress, mental anguish, pain and suffering, loss of enjoyment of life, and loss of bodily and
neurological functioning as a result of the tortious acts committed by Mayor Brooks. See Attached for
further information.
This Claim Must Be Signed on Page 2
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The amount claimed, as of the date of presentation of this claim, is computed as follows:
Damages incurred to date (exact): Estimated prospective damages as far as known:
Damage to property .................... $Unknown Future expenses for medical and hospital care . $Unknown
Expenses for medical and hospital care ... $Unknown Future loss of earnings ..................... $Unknown
Loss of earnings ...................... $Unknown Other prospective special damages .......... $Unknown
Special damages for ................... $Unknown Prospective general damages ............... $Unknown
Total estimate prospective damages ....... $ inexcessot25k
General damages ...................... $In excessof25k
Total damages incurred to date ........ $In excess of25k
Total amount claimed as of date of presentation of this claim: $ In excess of the jurisdictional minimum of the California Superior Court
Was damage and/or injury investigated by police? Unclear If so, what city?_U_nc_le_ar _______________ _
Were paramedics or ambulance called? No If so, name city or ambulance _N_A ______________ _
If injured, state date, time, name and address of doctor of your first visit _s_ee_A_tt_ac_h_ed ________________ _
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name See Attached Address See Attached Phone_s_ee_A_tt_ac_h_ed _____ _
Name See Attached
Name See Attached
DOCTORS and HOSPITALS:
Address See Attached
Address See Attached
Phone See Attached
Phone See Attached
Hospital _____________ .Address _______________ Date Hospitalized _____ _
Doctor Address Date of Treatment -------
Doctor Address Date of Treatment ______ _
READ CAREFULLY
For all accident claims place on following diagram names
of streets, including North, East, South, and West; indicate
place of accident by "X" and by showing house numbers
or distances to street corners. If City Vehicle was
involved, designate by letter "A" location of City Vehicle
when you first saw it, and by "B" location of yourself or
CURB J
your vehicle when you first saw City vehicle; location of
City vehicle at time of accident by "A-1" and location of
yourself or your vehicle at the time of the accident by
B-1" and the point of impact by "X." NOTE: If diagrams
below do not fit the situation, attact) hereto a proper
diagram signed by the claimant.
SIDEWA LK
PARKWAY
Signature of Claimant o.r person filing on
his behalf giving relationship to Claimant:
SIDEWA Li<
Typed Name:
Isl Nazareth M. Haysbert, Esq.
Date:
October 1, 2018
NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72.)
A-16
NAZARETH M. HAYSBERT
Attention: Claims
Emily Colborn, City Clerk
City Clerk's Office,
30940 Hawthorne Blvd.
HAYSBERT MOULTRIE, LLP
ATTORNEYS AT LAW
U.S. Bank Tower
633 West 5th Street, 28th Floor
Los Angeles, California 90071
Phone: (213) 533-4130
Fax: (310) 424-7140
nazareth@hm law. la
October 1, 2018
Rancho Palos Verdes, CA 90275
RE: London Davis
TO WHOM IT MAY CONCERN:
JAMES MOULTRIE III
This letter constitutes a claim for damages pursuant to California Government Code § 910
et seq., for injuries sustained by Ms. London Davis arising from violations of statutory, common
law, and constitutional rights as set forth below.
1. Claimant's Name and Address [Cal. Gov. Code Section 910(a)]
The name of the claimant is London Davis. Claimant's date of birth is Her
social security number is All notices and communications concerning this claim
should be sent to Claimant c/o Nazareth M. Haysbert, Esq. Haysbert Moultrie LLP, U.S. Bank
Tower, 633 West 5th Street, 28th Floor, Los Angeles, California 90071. The telephone number is
213) 533-4130. The fax number is (310) 424-7140.
2. Mailing Address Where Notices Should Be Sent [Cal. Gov. Code Section 910(b)]
Nazareth M. Haysbert, Esq.
Haysbert Moultrie, LLP
U.S. Bank Tower
633 West 5th Street, 28th Floor
Los Angeles, CA 90071
Tel: (213) 533-4130
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3. Date and Location of the Claim
The date and location of the Claim was between May 16, 2018 to the present in one or more
of the following locations:
Los Angeles County Sheriff's Department, Lomita Station, 26123 Narbonne Ave.,
Lomita, CA 90717
Promenade On The Peninsula, 550 Deep Valley Dr., Rolling Hills Estates, CA 90274
California Interstate Highway Route 10, Pomona, CA
Hall of Justice, 211 W. Temple St., Los Angeles, CA 90012
Century Regional Detention Facility, 11705 Alameda St., Los Angeles, CA 90059
Lynwood Jail")
Office of Eric Jonathan Drimmer, M.D., 9961 Sierra Avenue, Fontana, CA 92335
Los Angeles Sheriff's Department Walnut/Diamond Bar Station, 21695 E. Valley
Blvd. Walnut, CA 91789
This claim includes wrongful, tortious and/or unconstitutional actions or inaction of
individuals and entities referenced in paragraph 6 below in regards to Claimant's mother and her
welfare occurring after May 16, 2018 and up to May 22, 2018, while she was in LASD custody,
and continuing to the present day.
4. Description of the Injury, Damage and/or Loss Incurred [Cal. Gov. Code Section
910(d)]
The circumstances giving rise to the Claim are as follows:
Upon information and belief, on May 16, 2018, Ms. Cherie Lynnette Townsend, a single
mother of African-American descent, was pulled over and arrested at gunpoint by Los Angeles
County Sheriff's Department officers while driving on the 10 Freeway in Pomona, California.
Upon information and belief, her car and other items of personal property were seized, and she
was interrogated for several hours at the LASD Walnut/Diamond Bar Station where she was
accused of murder at the Promenade On The Peninsula Mall. Upon information and belief, Ms.
Townsend was parked on the same level of the mall parking structure as the murder victim around
the time of the murder. Upon information and belief, there were many people and cars moving
through the structure during that time, and that information alone is insufficient evidence to form
the basis of probable cause.
Between May 16, 2018, and May 22, 2018, Ms. Townsend was detained at the LASD
Walnut/Diamond Bar Station and the Century Regional Detention Facility ("Lynwood Jail"). On
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May 18, 2018, the LASD conducted a press conference giving an update on the status of the case.
During the conference, Sheriff McDonnell stated that "critical evidence" found at the scene of the
crime led investigators to a suspect in the murder. McDonnell announced Ms. Townsend 's full
name to the public. McDonnell named her as the sole suspect in the case and stated that other
evidence had exonerated their only prior suspect. Further, the LASD released surveillance footage
from the mall at the time of the incident which showed many people and vehicles moving through
the parking structure. The stated purpose of releasing this footage was to show that there should
have been witnesses to the crime and to ask the public to come forward with information. Upon
information and belief, it was not shown to help identify a suspect or other people that could have
been involved. The surveillance video was also posted to Facebook and indicated the specific time
that the incident occurred and the time that Ms. Townsend's vehicle left the garage. Upon
information and belief, comments left on this Facebook post indicated that members of the public
believed Ms. Townsend was a murderer and that the community was safe now that she had been
apprehended.
On May 18, 2018, the Daily Breeze published an article quoting Rancho Palos Verdes
Mayor Susan Brooks, saying "I'm relieved to know that the individual was apprehended, but it's
disturbing to know that she came from so far away (to commit a crime)."
On or about May 22, 2018, the LASD presented their evidence against Ms. Townsend to
the county prosecutors. The prosecutors declined to press charges and stated that there was not
enough evidence to charge Ms. Townsend with a crime. Later that day, Ms. Townsend was
released without restrictions. Upon information and belief, Ms. Townsend was given a receipt for
property from the Lomita Station, but the receipt did not list her car, medication, or other personal
items that were taken when she was arrested. Upon information and belief, Ms. Townsend has still
not been charged with a crime and no other suspects have been announced.
The general description of the injury, damage, and loss to Cherie Townsend's daughter,
London Davis, includes, without limitation, humiliation, physical distress, inconvenience,
emotional distress, mental anguish, pain and suffering, loss of enjoyment of life, loss of bodily and
neurological functioning, deprivation of property, and civil rights violations as a result of the
incident and the actions of Mayor Susan Brooks and others. The full extent of the injuries and/or
prognosis suffered is currently unknown.
Ms. Davis's causes of action against the City of Rancho Palos Verdes and its employees
may include, without limitation, loss of consortium, negligence, defamation, intentional infliction
of emotional distress, negligent infliction of emotional distress, and violation of civil and
constitutional rights including the Fourth and Fourteenth Amendments.
3 -Sign ~-
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Claimant's extremely serious and possibly permanent injuries occurred as a direct result of
the acts or omissions of the City of Rancho Palos Verdes and its agents, as well as other actors.
Claimant seeks compensation for the wrongful, unreasonable, negligent, reckless, intentional
and/or malicious conduct that caused this situation, including, without limitation, actions or
inactions that caused Claimant's distress and injuries.
5. Why the City of Rancho Palos Verdes and Mayor Susan Brooks are Responsible
The City of Rancho Palos Verdes, as a public entity, is liable for injury proximately caused
by an act or omission of its employees acting within the scope of employment. Upon information
and belief, the City ofRancho Palos Verdes, through its agent Mayor Susan Brooks, falsely labeled
Ms . Davis's mother, Ms. Cherie Townsend, as a murderer in violation of state and federal law, and
furthermore, denied Ms. Townsend the right to defend herself against these allegations and to
return her property, and failed to create clear policies for conduct during murder investigations.
6. Names of the County Employees (And Their Departments) Involved in Injury or
Damage [Cal. Gov. Code Section 910(e)]
This Claim seeks damages from all individuals, supervisors, directors, chiefs, sheriffs,
agencies, agents, and counties whose unreasonable, unjustifiable, reckless, negligent, intentional
and/or malicious actions or inactions caused or contributed to Claimant 's injuries and/or inability
to recover and thrive, including the County of Los Angeles, the Los Angeles County Sheriff's
Department, the City of Rancho Palos Verdes, and Rancho Palos Verdes Mayor Susan Brooks,
and as yet, unknown officers and agents of the County of Los Angeles. The names and capacities
of all such potential parties are cmTently unknown.
7. Names and Addresses of Known Witnesses to Damage or Injury
Currently unknown .
8. Amount Claimed and Expenditures Made [Cal. Gov. Code Section 910(m)]
The money damages claimed are in excess of the jurisdictional minimum of the Superior
Court of the State of California. Therefore, this case constitutes an unlimited civil case with
jurisdiction resting in superior court. Damages sought, include, without limitation, pain and
suffering, loss of enjoyment of life, future medical, mental health and rehabilitative care, and
punitive damages. No insurance company has paid any bills relating to Ms. Davis's claimed losses.
I have read the matters and statements made in the above claim and I know the same to be
true of my own knowledge, except as to those matters stated upon information or belief and as to
such matters I believe the same to be true.
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I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE
i::::~o'.::: h::::c~:~:REGOmG IS~b---~
Nazareth M . Haysbert
Attorney for Claimant
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