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Whitney, Thompson & Jeffcoach LLP
Kristi D. Marshall, #274625 E-FILED
kmarshall@wtjlaw.com
8050 N. Palm Avenue, Suite 110 9/28/2018 3:39 PM
Fresno, California 93711 FRESNO COUNTY SUPERIOR COURT
Telephone: (559) 753-2550 y: A. Ramos, Depu'
Facsimile: (559) 795-2560
Attorneys for Defendants CENTRAL UNIFIED
SCHOOL DISTRICT, CENTRAL HIGH
SCHOOL, EZEQUIEL GUTIERREZ
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO, B. F. SISK COURTHOUSE
10 AKASH SINGH, Case No. 18CECG02478
11 Plaintiff, DEFENDANT, CENTRAL UNIFIED
SCHOOL DISTRICT’S REQUEST FOR
12 a JUDICIAL NOTICE IN SUPPORT OF
ANTI-SLAPP SPECIAL MOTION TO
13 CENTRAL UNIFIED SCHOOL DISTRICT, STRIKE
CENTRAL HIGH SCHOOL, EZEQUIEL
14 GUTIERREZ, and DOES 1 to 100, inclusive, Date: November 6, 2018
Time: 3:30 pm
15 Defendants. Dept.: 502
16 Assigned for All Purposes to:
Hon. Donald Black
17
Action Filed: July 9, 2018
18 Trial Date: None Set
19
TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD:
20
Defendants CENTRAL UNIFIED SCHOOL DISTRICT, CENTRAL HIGH SCHOOL,
21
AND EZEQUIEL GUTIERREZ (hereinafter referred to as “Defendants”) request the Court take
22
judicial notice of the following documents pursuant to California Evidence Code Sections
23
452(d)(g) & (h) and 453:
24
i The Complaint in the above captioned matter, a true and correct copy of which is
25
attached hereto as Exhibit “1”.
26
27 2. The fact that Kayla Foster, Kobe Foster’s twin sister, was shot and killed in the
28 early morning of Monday May 29, 2017, which is of such common knowledge in Fresno County,
12466.00010 05228836.000
DEFENDANT, CENTRAL UNIFIED SCHOOL DISTRICT’S MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
1 not reasonably subject to dispute, and capable of immediate and accurate determination, for
2 || example, through various reliable and corroborating news reports, true and correct copies of which
3 || are attached hereto as Exhibit “2”.
4
5
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Dated: September’ Z 20 18 WHITNEY, THOMPSON & JEFFCOACH LLP
10 \
11 By:
Kristi D. all
12 F. William Ja son
Attorneys for Defendants CENTRAL UNIFIED
13 SCHOOL DISTRICT, CENTRAL HIGH SCHOOL >
14 EZEQUIEL GUTIERREZ
15
16
17
18
19
20
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22
23
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25
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27
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12466.00010 05228836.000
2
DEFENDANT, CENTRAL UNIFIED SCHOOL DISTRICT'S MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
Exhibit “1”
RECEIVED
AUG 30 oq FOR COURT USE ONLY
_sun-100
SUMMONS (SOLO PARA USO DE LA CORTE)
(CITACION JUDICIAL) E-FILED
NOTICE TO DEFENDANT: Centra! Unified Schqol District
(AVISO AL DEMANDADO): mate Resoufees 7/10/2018
CENTRAL UNIFIED SCHOOL DISTRICT, CENTRAL HIGH SCH FRESNO COUNTY SUPERIOR C
EZEQUIEL GUTIERREZ, and DOES 1 to 100, inclusive By: A. Rodriguez, Deputy
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
AKASH SINGH
=
“NOTICE!
You have been sued. The court may decide against you without your being heard unless yo spond within 30 days. Read the information
below,
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a sillen response at this court and have a copy
served on the plaintiff, A letter or phone call will not protect yau. Your written response must be in proper legal form if yau want the court to hear your
case. There may be a court form that you can use for your response, You can find these court forms and mere information at the California Courts
Online Selt-Help Center (www.courtinfo ca.gov/seifnelp), your county law library, or the courthouse nearest you. if you cannet pay the filing fee, ask
tne court clerk for a fee waiver form. if you do not file your response on time, yau may lose the case by default, and your wag: , Money, and property
may be taken without further warning from the court.
There are other legal requirements. You may want fo call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. |f you cannot afford an attorney, you may be eligible for free lagal services from a nonprofit legal ser rogram, You can lacate
these nonprofit groups al the California Legal Services Web site (www. fawhelpcalifornia.org), tha California Courts Online Self-Help Center
(vaew.courtinio.ca.gov/selfhelp), ot by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or mora in a civil case. The court's ‘ien must be paid before the court will dismiss the case
{AVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versién. Lea la informacidn a
continuacién,
Tiene 20 DIAS DE CALENDARIO despuss de que le entreguan osta citacién y papeles legales para prosontar una respuesta por escrito an asta
corte y hacer que sé entregue una copia al demandante. Una carta o una llamada telefonica no io pratsgen. Su respuesta por ascrito tiene que astar
en formato legal correcto si desea que procesen su caso en Ja corte. Es posible que haya un formulario que usted pueda usar para su respuesta
Puede encontrar estas formularios de Ja corte y mas informaci6n en e! Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la
biblioteca de leyes de su condado o cn ia corto que le quede més cerca, Si no puedo pagar ia cuota do presentacién, pida a! secrotario de la corto
que le de un formulario de exenicidn de pago de cuotas. Si no presenta su respuesta a tiempo, pusde perder al caso por incumplimiento y la carte /e
podrd quitarsu sueldo, dinero y bienes sin mas advartencia,
Hay otros requisitos legales. Es recomendable que llams a un abogado inmediatamente. Si no conocea un abogads, puede Hamar a un servicio de|
remision 8 abogados. Si no puede pagar a un aoagado, ¢s posible que cumpla con jos requisitos para obtener servicios legales gratuitos de un
programa de servicios legales sin fines de tucro. Puede encontrar estos grupos sin fines de jucro en el sitio web de California Legal Services,
(www lawhelpealifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) © poniéndose en contacto con /a corte o of
colegio do abogaaos locales. AVISO. Por ley, la corte tiane derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre
cualquier recuperacion de $10,000 6 mas de valor recibida mediante un acuerdo 0 una concesidn de arbitraje sn un caso de derecho civil. Tiene que
pagar el gravamen de la corte antes de que la corte pueda desechar el caso
The name and address of the court is:
(El nombre y direccién de 's corte es) ws a gCECCO2478
Superior Court of California, County of Fresno ses
1136 O Street
Fresno, CA 93721-2220
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is
(El nombre, la direccion y el ntimero de teléfono de! abagado de! demandante, o de! demandante que ne tiene abogado, es):
Micah K. Nilsson #250919 / Mark A. Waller #316904 (661) 716-3000
Dowling Aaron Incorporated
5080 California Avenue, Suite 340, Bakersfield, California 93309
D Clerk, by A. Rodriguez , Deputy
(Fecha) 7/10/2018 (Secretario) ~ (Adjunto)
-
(For proof
of service of this summons, use Proofof Service of Summons (form POS-010).)
{Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, /POS-010)).
|
[Sea NOTICE TO THE PERSON SERVED: ju are served
| 1 (as an individual defendant
| | 2 Las the person sued under the fictitious name of (specify)
CJ on behalf of (specify).
under: (CI cep 416.10 (corporation) Cccp 416,60 (minor)
(2 cep 416,20 (defunct corgoration) (LJ) Cp 416 70 (conservatee)
(0 cep 416.40 (association or partnership} (C) cep 416.90 (authorized person)
O other (specify)
( by personal delivery on (date)
a Page oft
Fours Adopt for Manat!
~~ SUMMONS oat 7 ceause §H 192 20
ht We ne “alla
SM. ‘ui
wv ne gaits
Hewat ta] 9 at a
004
CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Namo, Sale Bar number, and andress) FOR COURT USE ONLY
icah K. Nilsson #250919 / Mark A. Waller #316904
Dowling Aaron Incorporated €-FILED
5080 California Avenue, Suite 340 7/9/2018 3:47 PM
Bakersfield, California 93309
reverHone No: (661) 716-3000 Faxno: (661) 716-3005 FRESNO COUNTY SUPERIOR COURT
ATTORNEY FOR (wamor Plaintiff AKASH SINGH By: A. Rodriguez, Deputy
SUPER‘OR COURT OF CALIFORNIA, COUNTY OF FRESNO
streetavpress: 1130 O Street
(MAILING ADDR! 1130 O Street
city an zin cons; Fresno 93721-2220
orancH naue: Civil Division
CASE NAME: AKASH SINGH v. CENTRAL UNIFIED SCHOOL DISTRICT, et al.
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMGER,
& Unlimited CO Limited 18CECG02478
(Amount (Amount O Counter 1 Joinder
demanded demanded is Filed with first appearance by defendant suOGe:
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) OEPT:
items 1-6 below must be complated (see instructions on. pago 2).
1, Check one box below for the case type that best describas this case:
Auto Tort Contract Provisionally Complox Civil Litigation
Auto (22)
Uninsured motorist (46)
Other PUPDIWD (Personal Injury/Property
4a Breach of contraclwarranty (08)
Rule 3.740 collections (09)
Other collections (09)
(Cal. Rules of Court, rules 3.400-3.403)
Antitrust/Trede regulation (03)
Construction defect (10)
DamageMWrongful Death) Tort
Asbestos (04) Insurance coverage (18) Mass tort (40)
Product liability (24)
Other contract (37) Oo ‘Securities tligation (28)
Medical malpractice (45)
Real Property oO Environmental/Toxic tort (30)
Other PIPDIWD (23)
Eminent domain acne QO Insurance coverage claima arising from the
con nat 1 above listed provisionally complex case
Non-PU/PDAWD (Other) Tort 0 ‘Wrongful eviction (33) lypes (41)
Business tortunfair business practice (07) [[] Other real property (28) Enforcement of Judgment
Civil rights (08) C1 Enforcement of judgment (20)
F
Unlawful Detainer
Defamation (13) Q Commercial (31) Miscellaneous Civil Complaint
Fraud (16) Residential (32) RICO (27)
Intallectual property (19) Drugs (38) Other complaint (not specified abovo) (42)
aEmployment
Professional negligence (25)
Other non-PI/PDAWD tort (35)
Judicial Review:
Asset forfeiture (05)
Petition re: arbitration award (11)
Miscollanaous Civil Petition
Partnership and corporate governance (21)
Other petition (not specified above) (43)
‘Wrongful termination (36) ‘Writ of mandate (02)
Other em; nt (1 CI __ other judicial review (39)
This case Ois is not complex under rule 3.4( 100 of the California Rules of Court, If the case is complex, mark
factors requiring exceptional judicial managemen t: the
a. Large number of separately represented partias 40 Large number of witnesses
b Extensive motion practice raising difficult or novel e, © Coordination with related actions pending in one or more courts
issues that will be time-consuming to resoive in other counties, states, or countries, or in a federa! court
¢ (© Substantial amo
of unt
documentary evidence oO Substantial postjudgment judicial supervision
Remedies sought (chock all that apply): a. monetary b. [) nonmonetary; declaratory or injunctive relief
Number of causes of action (specify): 4
¢. 0 punitive
This case [J is is not a class action suit.
6. It there are any known related cases, file and serve a notice of ralalad cas
Dat fe: July 9, 2018
2.
Mark A, Waller, Esq.
(TPE OR PRINT AME) > .
{SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) =
NOTICE
¢ Plaintiff must file this cover sheet with the first paper filed in the
action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Well fara and Institutions Code).
(Cal, Rules of Court, rule 3.220.) Failure to file may resutt
in sanctions.
* File this cover sheet in addition to any cover sheet required by local
court rule,
© If this case Is complex under rule 3.400 et seq. of the Californi
a Rules of Court, you must serve a copy of this cover sheet
other parties to the action or proceeding. |. on all
* Unless this is a collections case under rule 3.740 or a complex
case. this cover sheet will be used for statistical Purposes ov tot?
Form Rape for tanraieny Uae
est
ONAIO Ree daly *
019 CIVIL CASE COVER SHEET ae Cour, rules 230, 4720
‘Stands
a3 clk cei 3 400-2400, 3720
Hin ut AID id69 315
GeV
005
CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. if you are filing @ first paper
(for example,
complete and file, alon, ig with your first paper, the Civil Case Cover Shaet.contained on page 1. @This
complaint) in a-civil case, you must
information will be used.to compile
statistics about the types and numbers of cases filad. You must completa lieme 1 thraugh 6
on the
‘one box for the case type that best describes tha case. If the case fils both a. general and.a more. 9) pcisheet, In item 4, you must check
check the more specific a
ific type of case ligted in {tem 1,
one. If the case has multiple causes of action, chick the box that bast Ind! les the. primary.cause of action.
To assist you in completing the sheet, axamples of th ie casas that belong under each case
typo In item 1 are provided below..A'cover
sheet must be filed only with your inilial paper. Fallu re to file
ac over sheet with the first paper filed In a civil case. may subject a party,
{is counsel, or both to sanctions under rules 2.30 and 3.220 of thi 1 Califomia Rules of Court,
To Parties in Rule 3.740 Collections Cases. “collections case” under rule .3:740 is defined. as an.action for racovery of ‘money
owed In a sum stated to be certain that is not more than $25,000, ex (clusive ‘of Interest. aiid attorney's’ fees, arising (rom:e-transaclion in
which property, services, or mone) y was acquired on credit. A collectians:case ‘does: not Include-an. action 8
damages, (2) punitive damages, (3) recovery of real property, (4) recovery: of persona! je6king the following: (1) tort
propetty, of (6) @ prejudgment writ of
attachment, The Identification of a case as a rule 3,740 collectlo ns case on this form means that it'will
time-for-service requirements and case management rules, unless a-defendant
be
exempt from the: general
{ilé6 a responsive pleading, A rule 3.740 collections
case will be subject to the requirements for service and obtai ining a judgment in rule 3.740.
To Parties In Complex Cases, In compl lex cases only, parties must also use the Civil Caso Cover Shoat to designate
whether the
case ls complex. If-a.plaintiff:belléves the caseIs complex under rule 3.400 of the Callfomia Rules of Court, this must
be indicated by
complating the.appropriate boxes in items 1 and 2. . If a plainuffdesignates a case as complex, the caver sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no lat ter than the time of its first appearance
plaintiff's designation, a counter-designation thal tha case is not complex, or, if the plaintiff has
a joinder in the
made no designation, a designation that
the case is complex.
Auto Tort
CASE TYPES AND EXAMPLES
Contract Provistonally Complex Clvil Litigation (Cal.
Auto (22)-Personal Injury/Property Breach of ContraclWarranty (08)
DamageWrongful Dealh Breach of Rental/Lease
Rutos of Court Rules 3.4 403)
Antitrus/Trade Regulation (03)
Uninsured Motorist (46) (if Ihe Contract (not unlawful delainer ‘Construction Defect (10)
case involves an uninsured wron at Claims Involving Mass Tort (40)
motorist claim subject to
arbitration, check this itam
Contract: atranly Bread eller ‘Securities Litigation (28)
laintiff (not fraud or negligence) EnvironmentalToxic Tort (30)
Othor PUPGIWD (Personal Injury? Negligent Breach of Contracl)
Warranty
Insurance Coverage Claims
Froperty DamageWrongful Death) from provisional a nee
‘Other Breach of ContracWarranty case type listed above) (41:
Asbestos (04) Collections (a.g., money owad, open Enforcemant of Judgment
book accounts Enforcement of Judgment (20)
Asbestos Property Damage Collection Case-Seller Plaintiff
Asbestos Personal injury Other Promissory Note/Coliactions Abstract of Judgment (Out of
County)
We i! Death Case
Product Liability (not asbestos or eee ment (non-
Insurance Coverage (not provisionally
(24) com 8) Sister State Judgment
Medical Malpractice (49) Auto Subrogation Administrative Agency Award
ical Malpractica— ‘Other Coverage (no! unpaid taxas,
other
Pas Ins & Surgeons
fessional Health Cara
Malpractice
Other Contract (37)
Contractual Fraud Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Contract Dispute Other Enforcement of Judgment
Other P/PD/WD (23)
Premi i ; Liability (0.9., slip
Real Property
Eminent Dumain/inverse Miscellaneous Civil Complaint
al fal Condemnation (14) RICO (27)
Intentional Bodily Injury/PDAWD Wrongful Eviction (33) Other Compla a (not specified
e.9., assault, vandalism) Other Real Property (6.g., quiet lilo) (26) at 4
Intentional infliction of
Emotional Distress
Wit of Possassion of Real Proparty Declaratory Relief Only
Negligent Infliction of
Mortgage Foreclosure
Quiet Title
Injunctive Relief Only (non-
Emotional Distress harassment)
Other Real Property (not eminent Mechanics Lien
Other PPOAWD domain, landlordfenant, or
Non-PW/POMWD (Other) Tort Other Commercial Complaint
foraciosure) ‘aB@ (non-tor/non-complax)
Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (07) Commercial (31)
Civil Rights (e.g.. discrimination, Rasidential (32) 1on-cam) ax)
false atrost) (not civi iti Drugs (38) (if the case involves iitegal
Miscellaneous Civil Patition
Partnership and Corporate
harassment) (08) drugs, check this item; otherwise,
Defamation (e.g., slander, lite!) Govemarce (21)
1 ‘as Commercial or Residential) Other Petition (not specified
Fraud (16)
Judictal Review above) (43)
Asset Forfeiture (05)
Intellectual Property (19) Potition Re: Arbitration Award (11)
Civil Harassment
Workplace Violence
Professional Negligence (25) ‘Writ of Mandate (02) Elder/Dependent Adult
Legal Malpractice Writ-Administrative Mandamus
Other Professional Matpractice Abuse
‘Writ-Mandamus on Limited Court Election Contest
(notmi ‘or fog Case Matter Pelition for Name Change
Other Non-PI/POWD Tort (35) Writ-Other Limited Court Case
Employment Review Petition for Relief From Late
Wrongful Termination (36) Other lai
Employment (15) Other Judicial Review (39) Other Civil Petition
Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals a =
td 074%, 2004} CIVIL CASE COVER SHEET Powe gate
Le
006
E-FILED
Micah K. Nilsson, Esq. (SBN 250919)
Mark A. Waller, Esq. (SBN 316904) 7/9/2018 3:47 PM
DOWLING AARON INCORPORATED
5080 California Avenue, Suite 340 FRESNO COUNTY SUPERIOR COURT
Bakersfield, California 93309 By: A. Rodriguez, Deputy
Telephone: (661) 716-3000
Facsimile: (661) 716-3005
mnilsson@dowlingaaron.com
mwaller@dowlingaaron.com
Attorneys for Plaintiff Akash Singh
SUPERIOR COURT OF CALIFORNIA OF THE STATE OF CALIFORNIA
IN THE COUNTY OF FRESNO
10
I AKASH SINGH, CASE NO. 18CECG02478
12 Plaintiff,
13 v.
14 CENTRAL UNIFIED SCHOOL DISTRICT, | COMPLAINT FOR DAMAGES
CENTRAL HIGH SCHOOL, EZEQUIE!
15 GUTIERREZ, and DOES | to 100, inclusive,
16 Defendants.
17
18 Plaintiff Akash Singh (‘Plaintiff’) alleges as to the defendants and each of them as
19 follows:
20 PRELIMINARY ALLEGATIONS
21 1 Atall relevant times herein, Plaintiffis an individual residing the County
22 of Fresno, California.
23 2 At all relevant times herein, Defendant Central High School (“Central
24 High”) was a school within the jurisdiction and under the contro] of Defendant Central Unified
25 School District (*CUSD”). Both Defendants are statutorily liable under California law pursuant
26 to California Government Code Section 815.2(a).
27 3 Atall relevant times herein, Defendant Ezequiel Gutierrez. (“Gutierrez”)
28 was employee at CUSD. Gutierrez served as Vice Principal of Central igh. Defendant
DOWLING
ponies AAPON
COMPLAINT FOR DAMAGES
007
Gutierrez is statutorily liable under California law pursuant to California Government Code
Section 820(a).
4. The names and identities of all the public employees responsible for
Plaintiff's injuries and damages arc unknown to Plaintiff at this time. Plaintiff is informed,
believes, and thereon alleges that the names and identities of the public employees who were
responsible for Plaintiff's injuries and damages include Defendants CUSD, Central High,
Ezequiel Gutierrez, and Does | to 100, Inclusive.
5 Plaintiff is unaware of the true names and capacities of the Defendants
sued herein as Does 1 through 100, inclusive, and therefore sues these Defendants by such
10 fictitious names. At all relevant times herein, Defendant DOES 1 through 100, inclusive, were:
i (a) officers and agents of CUSD; (b) employed as principals, deans, counselors, teachers,
12 security guards or other employees at Central High, a high school within, and under the
13 jurisdiction and control of, Defendant CUSD; and (c) acting within the scope of such agency
14 and employment. Plaintiff is informed and believes and on that basis alleges that each of the
15 fictitiously named Defendants is liable in the manner set forth below for the acts, conduct
16 and/or omissions concerning the events and happenings herein referred to, which proximately
17 caused the damage and injuries to Plaintiff as alleged herein.
18 6. On December 13, 2017, Plaintiff served the Board of Trustees for
19 CUSD, Central High, Vice Principal Ezequiel Gutierrez, Principal Robert Perez, with a
20 government tort claim for damages. Plaintiff's government tort claim, along with proofs of
21 service, are attached hereto as Exhibit A and incorporated herein.
22 7 On or about January 12, 2018, Defendant CUSD served Plaintiff by mail
23 with a notice of rejection of Plaintiff's government tort claim for damages. Plaintiff received
24 this notice on or about January 16, 2018. Plaintiff received no other responses to his
25 government tort claim by any of the other respondents. The notice of rejection received by
26 Plaintiff, along with the accompanying proof of service, is attached hereto as Exhibit B and
27 incorporated herein.
28 wa
601 ON —-
oe an Por DAMA!
008
FACTUA! LLEGATIONS
8 During the 2016-2017 academic year, Plaintiff attended San Joaquin
Memorial High School (“Memorial”) located in Fresno, California. During that school year,
Defendant Gutierrez was employed by Memorial. During the summer of 2017, Plaintiff left
Memorial and enrolled in Fresno Christian High School. Around the same time, Defendant
Gutierrez, left Memorial to serve as Vice Principal at Central High School in the Central
Unified School District.
9 On or around July 11, 2017, Plaintiff leaned that Defendants had
communicated and published false information about Plaintiff to third parties including Fresno
10 Christian High School staff. Plaintiff is informed, believes, and thereon alleges that the
Ih information communicated/published by Defendants was false and primarily based on the false
12 assertions of Defendant Gutierrez. Plaintiff is informed, belicves. and thereon alleges that the
3 false communications included allegations that Plaintiff had posted multiple threats online, had
14 committed a crime, and was a suspect in a criminal murder investigation.
15 10, As a direct result of Defendants’ false statements, Fresno Christian High
16 School staff made the decision to unenroll Plaintiff and thereby prevent him from attending the
17 school for the 2017-2018 academic year.
18 Ll. Plaintiff is informed, belicves, and thereon alleges that he was singled
19 out by Defendants based on his race. Unlawful discrimination occurred when adverse action
20 was taken against Plaintiff on the basis of his race, ethnicity, or national origin.
21 FIRST CAUSE OF ACTION
22 (Defamation per se-—Against Defendant Gutierrez)
23 12, Plaintiff incorporates each and every allegation in paragraphs | through
24 11 above as though fully set forth herein.
25 13, Plaintiff is informed, believes, and thereon alleges that Defendant
26 Gutierrez made statements to persons, including Fresno Christian High School staff, about
Plaintiff. Those statements included accusations that Plaintiff had committed a crime and was
28 a suspect in a criminal investi tion. a
All these statements were false and, at the time the
ION en ——
COMPLAINT FOR DAMAGES
009
statements were made, Defendant Gutierrez lacked any knowledge to determine the truth or
falsity of the statements.
14. ‘The persons who heard these statements, including Fresno Christian
High School staff, reasonably understood that the statements were about Plaintiff.
15. As a result of Defendant Gutierrez’s above described statements,
Plaintiff suffered harm to his business and reputation. Plaintiff is the majority stakeholder of a
business with monthly gross revenues of approximately $90,000.00 to $100,000.00. Plaintiff's
business has lost out on business opportunities due to his slandered reputation. Plaintiff also
felt shame, mortification, and hurt feelings as a result of Defendant Guticrrez’s statements.
10 Plaintiff has been damaged in a sum to be proven at trial,
MW 16. Defendant Gutierrez’s conduct was a substantial factor in causing
12 Plaintiff's harm.
13 SECOND CAUSE OF ACTION.
4 (Negligence—Against Defendant Gutierrez)
1S 17, Plaintiff incorporates each and every allegation in paragraphs 1 through
16 16 above as though fully set forth herein.
\7 18. In communicating to other persons, including Fresno Christian High
18 School staff, Defendant Gutierrez owed a reasonable duty of care to Plaintiff to not tarnish his
19 reputation or misrepresent his actions.
20 19. By representing that Plaintiff had posted multiple threats online, had
21 committed a crime, and was a suspect in a criminal murder investigation, and failing to take
22 reasonable steps to verify the accuracy of those statements, Defendant Gutierrez breached his
23 duty of care to not tarnish Plaintiff's reputation or misrepresent his actions.
24 20. As a direct and proximate result of Defendant Guticrrez’s breach,
25 Plaintiff has been damaged in an amount subject to proofat trial,
26 ‘1
27 Mt
28 ae
COMLNG | RO Se ae ee
COMPLAINT fe Dano
010
THIRD CAUSE OF ACTION
(Negligent Infliction of Emotional Distress—Against Defendant Gutierrez)
21. Plaintiff incorporates each and every allegation in paragraphs 1 through
20 above as though fully set forth herein.
22. By breaching his duty of care owed to Plaintiff, Defendant Gutierrez was
negligent.
23. As a result of Defendant Gutierrez’s false statements to other persons,
including Fresno Christian High School staff, Plaintiffs personal and business reputation has
Preview
Whitney, Thompson & Jeffcoach LLP Kristi D. Marshall, #274625 E-FILED kmarshall@wtjlaw.com 8050 N. Palm Avenue, Suite 110 9/28/2018 3:39 PM Fresno, California 93711 FRESNO COUNTY SUPERIOR COURT Telephone: (559) 753-2550 y: A. Ramos, Depu' Facsimile: (559) 795-2560 Attorneys for Defendants CENTRAL UNIFIED SCHOOL DISTRICT, CENTRAL HIGH SCHOOL, EZEQUIEL GUTIERREZ SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO, B. F. SISK COURTHOUSE 10 AKASH SINGH, Case No. 18CECG02478 11 Plaintiff, DEFENDANT, CENTRAL UNIFIED SCHOOL DISTRICT’S REQUEST FOR 12 a JUDICIAL NOTICE IN SUPPORT OF ANTI-SLAPP SPECIAL MOTION TO 13 CENTRAL UNIFIED SCHOOL DISTRICT, STRIKE CENTRAL HIGH SCHOOL, EZEQUIEL 14 GUTIERREZ, and DOES 1 to 100, inclusive, Date: November 6, 2018 Time: 3:30 pm 15 Defendants. Dept.: 502 16 Assigned for All Purposes to: Hon. Donald Black 17 Action Filed: July 9, 2018 18 Trial Date: None Set 19 TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: 20 Defendants CENTRAL UNIFIED SCHOOL DISTRICT, CENTRAL HIGH SCHOOL, 21 AND EZEQUIEL GUTIERREZ (hereinafter referred to as “Defendants”) request the Court take 22 judicial notice of the following documents pursuant to California Evidence Code Sections 23 452(d)(g) & (h) and 453: 24 i The Complaint in the above captioned matter, a true and correct copy of which is 25 attached hereto as Exhibit “1”. 26 27 2. The fact that Kayla Foster, Kobe Foster’s twin sister, was shot and killed in the 28 early morning of Monday May 29, 2017, which is of such common knowledge in Fresno County, 12466.00010 05228836.000 DEFENDANT, CENTRAL UNIFIED SCHOOL DISTRICT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF 1 not reasonably subject to dispute, and capable of immediate and accurate determination, for 2 || example, through various reliable and corroborating news reports, true and correct copies of which 3 || are attached hereto as Exhibit “2”. 4 5 6 7 8 Dated: September’ Z 20 18 WHITNEY, THOMPSON & JEFFCOACH LLP 10 \ 11 By: Kristi D. all 12 F. William Ja son Attorneys for Defendants CENTRAL UNIFIED 13 SCHOOL DISTRICT, CENTRAL HIGH SCHOOL > 14 EZEQUIEL GUTIERREZ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12466.00010 05228836.000 2 DEFENDANT, CENTRAL UNIFIED SCHOOL DISTRICT'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF Exhibit “1” RECEIVED AUG 30 oq FOR COURT USE ONLY _sun-100 SUMMONS (SOLO PARA USO DE LA CORTE) (CITACION JUDICIAL) E-FILED NOTICE TO DEFENDANT: Centra! Unified Schqol District (AVISO AL DEMANDADO): mate Resoufees 7/10/2018 CENTRAL UNIFIED SCHOOL DISTRICT, CENTRAL HIGH SCH FRESNO COUNTY SUPERIOR C EZEQUIEL GUTIERREZ, and DOES 1 to 100, inclusive By: A. Rodriguez, Deputy YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): AKASH SINGH = “NOTICE! You have been sued. The court may decide against you without your being heard unless yo spond within 30 days. Read the information below, You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a sillen response at this court and have a copy served on the plaintiff, A letter or phone call will not protect yau. Your written response must be in proper legal form if yau want the court to hear your case. There may be a court form that you can use for your response, You can find these court forms and mere information at the California Courts Online Selt-Help Center (www.courtinfo ca.gov/seifnelp), your county law library, or the courthouse nearest you. if you cannet pay the filing fee, ask tne court clerk for a fee waiver form. if you do not file your response on time, yau may lose the case by default, and your wag: , Money, and property may be taken without further warning from the court. There are other legal requirements. You may want fo call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. |f you cannot afford an attorney, you may be eligible for free lagal services from a nonprofit legal ser rogram, You can lacate these nonprofit groups al the California Legal Services Web site (www. fawhelpcalifornia.org), tha California Courts Online Self-Help Center (vaew.courtinio.ca.gov/selfhelp), ot by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or mora in a civil case. The court's ‘ien must be paid before the court will dismiss the case {AVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versién. Lea la informacidn a continuacién, Tiene 20 DIAS DE CALENDARIO despuss de que le entreguan osta citacién y papeles legales para prosontar una respuesta por escrito an asta corte y hacer que sé entregue una copia al demandante. Una carta o una llamada telefonica no io pratsgen. Su respuesta por ascrito tiene que astar en formato legal correcto si desea que procesen su caso en Ja corte. Es posible que haya un formulario que usted pueda usar para su respuesta Puede encontrar estas formularios de Ja corte y mas informaci6n en e! Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la biblioteca de leyes de su condado o cn ia corto que le quede més cerca, Si no puedo pagar ia cuota do presentacién, pida a! secrotario de la corto que le de un formulario de exenicidn de pago de cuotas. Si no presenta su respuesta a tiempo, pusde perder al caso por incumplimiento y la carte /e podrd quitarsu sueldo, dinero y bienes sin mas advartencia, Hay otros requisitos legales. Es recomendable que llams a un abogado inmediatamente. Si no conocea un abogads, puede Hamar a un servicio de| remision 8 abogados. Si no puede pagar a un aoagado, ¢s posible que cumpla con jos requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de tucro. Puede encontrar estos grupos sin fines de jucro en el sitio web de California Legal Services, (www lawhelpealifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) © poniéndose en contacto con /a corte o of colegio do abogaaos locales. AVISO. Por ley, la corte tiane derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre cualquier recuperacion de $10,000 6 mas de valor recibida mediante un acuerdo 0 una concesidn de arbitraje sn un caso de derecho civil. Tiene que pagar el gravamen de la corte antes de que la corte pueda desechar el caso The name and address of the court is: (El nombre y direccién de 's corte es) ws a gCECCO2478 Superior Court of California, County of Fresno ses 1136 O Street Fresno, CA 93721-2220 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is (El nombre, la direccion y el ntimero de teléfono de! abagado de! demandante, o de! demandante que ne tiene abogado, es): Micah K. Nilsson #250919 / Mark A. Waller #316904 (661) 716-3000 Dowling Aaron Incorporated 5080 California Avenue, Suite 340, Bakersfield, California 93309 D Clerk, by A. Rodriguez , Deputy (Fecha) 7/10/2018 (Secretario) ~ (Adjunto) - (For proof of service of this summons, use Proofof Service of Summons (form POS-010).) {Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, /POS-010)). | [Sea NOTICE TO THE PERSON SERVED: ju are served | 1 (as an individual defendant | | 2 Las the person sued under the fictitious name of (specify) CJ on behalf of (specify). under: (CI cep 416.10 (corporation) Cccp 416,60 (minor) (2 cep 416,20 (defunct corgoration) (LJ) Cp 416 70 (conservatee) (0 cep 416.40 (association or partnership} (C) cep 416.90 (authorized person) O other (specify) ( by personal delivery on (date) a Page oft Fours Adopt for Manat! ~~ SUMMONS oat 7 ceause §H 192 20 ht We ne “alla SM. ‘ui wv ne gaits Hewat ta] 9 at a 004 CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Namo, Sale Bar number, and andress) FOR COURT USE ONLY icah K. Nilsson #250919 / Mark A. Waller #316904 Dowling Aaron Incorporated €-FILED 5080 California Avenue, Suite 340 7/9/2018 3:47 PM Bakersfield, California 93309 reverHone No: (661) 716-3000 Faxno: (661) 716-3005 FRESNO COUNTY SUPERIOR COURT ATTORNEY FOR (wamor Plaintiff AKASH SINGH By: A. Rodriguez, Deputy SUPER‘OR COURT OF CALIFORNIA, COUNTY OF FRESNO streetavpress: 1130 O Street (MAILING ADDR! 1130 O Street city an zin cons; Fresno 93721-2220 orancH naue: Civil Division CASE NAME: AKASH SINGH v. CENTRAL UNIFIED SCHOOL DISTRICT, et al. CIVIL CASE COVER SHEET Complex Case Designation CASE NUMGER, & Unlimited CO Limited 18CECG02478 (Amount (Amount O Counter 1 Joinder demanded demanded is Filed with first appearance by defendant suOGe: exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) OEPT: items 1-6 below must be complated (see instructions on. pago 2). 1, Check one box below for the case type that best describas this case: Auto Tort Contract Provisionally Complox Civil Litigation Auto (22) Uninsured motorist (46) Other PUPDIWD (Personal Injury/Property 4a Breach of contraclwarranty (08) Rule 3.740 collections (09) Other collections (09) (Cal. Rules of Court, rules 3.400-3.403) Antitrust/Trede regulation (03) Construction defect (10) DamageMWrongful Death) Tort Asbestos (04) Insurance coverage (18) Mass tort (40) Product liability (24) Other contract (37) Oo ‘Securities tligation (28) Medical malpractice (45) Real Property oO Environmental/Toxic tort (30) Other PIPDIWD (23) Eminent domain acne QO Insurance coverage claima arising from the con nat 1 above listed provisionally complex case Non-PU/PDAWD (Other) Tort 0 ‘Wrongful eviction (33) lypes (41) Business tortunfair business practice (07) [[] Other real property (28) Enforcement of Judgment Civil rights (08) C1 Enforcement of judgment (20) F Unlawful Detainer Defamation (13) Q Commercial (31) Miscellaneous Civil Complaint Fraud (16) Residential (32) RICO (27) Intallectual property (19) Drugs (38) Other complaint (not specified abovo) (42) aEmployment Professional negligence (25) Other non-PI/PDAWD tort (35) Judicial Review: Asset forfeiture (05) Petition re: arbitration award (11) Miscollanaous Civil Petition Partnership and corporate governance (21) Other petition (not specified above) (43) ‘Wrongful termination (36) ‘Writ of mandate (02) Other em; nt (1 CI __ other judicial review (39) This case Ois is not complex under rule 3.4( 100 of the California Rules of Court, If the case is complex, mark factors requiring exceptional judicial managemen t: the a. Large number of separately represented partias 40 Large number of witnesses b Extensive motion practice raising difficult or novel e, © Coordination with related actions pending in one or more courts issues that will be time-consuming to resoive in other counties, states, or countries, or in a federa! court ¢ (© Substantial amo of unt documentary evidence oO Substantial postjudgment judicial supervision Remedies sought (chock all that apply): a. monetary b. [) nonmonetary; declaratory or injunctive relief Number of causes of action (specify): 4 ¢. 0 punitive This case [J is is not a class action suit. 6. It there are any known related cases, file and serve a notice of ralalad cas Dat fe: July 9, 2018 2. Mark A, Waller, Esq. (TPE OR PRINT AME) > . {SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) = NOTICE ¢ Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Well fara and Institutions Code). (Cal, Rules of Court, rule 3.220.) Failure to file may resutt in sanctions. * File this cover sheet in addition to any cover sheet required by local court rule, © If this case Is complex under rule 3.400 et seq. of the Californi a Rules of Court, you must serve a copy of this cover sheet other parties to the action or proceeding. |. on all * Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical Purposes ov tot? Form Rape for tanraieny Uae est ONAIO Ree daly * 019 CIVIL CASE COVER SHEET ae Cour, rules 230, 4720 ‘Stands a3 clk cei 3 400-2400, 3720 Hin ut AID id69 315 GeV 005 CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. if you are filing @ first paper (for example, complete and file, alon, ig with your first paper, the Civil Case Cover Shaet.contained on page 1. @This complaint) in a-civil case, you must information will be used.to compile statistics about the types and numbers of cases filad. You must completa lieme 1 thraugh 6 on the ‘one box for the case type that best describes tha case. If the case fils both a. general and.a more. 9) pcisheet, In item 4, you must check check the more specific a ific type of case ligted in {tem 1, one. If the case has multiple causes of action, chick the box that bast Ind! les the. primary.cause of action. To assist you in completing the sheet, axamples of th ie casas that belong under each case typo In item 1 are provided below..A'cover sheet must be filed only with your inilial paper. Fallu re to file ac over sheet with the first paper filed In a civil case. may subject a party, {is counsel, or both to sanctions under rules 2.30 and 3.220 of thi 1 Califomia Rules of Court, To Parties in Rule 3.740 Collections Cases. “collections case” under rule .3:740 is defined. as an.action for racovery of ‘money owed In a sum stated to be certain that is not more than $25,000, ex (clusive ‘of Interest. aiid attorney's’ fees, arising (rom:e-transaclion in which property, services, or mone) y was acquired on credit. A collectians:case ‘does: not Include-an. action 8 damages, (2) punitive damages, (3) recovery of real property, (4) recovery: of persona! je6king the following: (1) tort propetty, of (6) @ prejudgment writ of attachment, The Identification of a case as a rule 3,740 collectlo ns case on this form means that it'will time-for-service requirements and case management rules, unless a-defendant be exempt from the: general {ilé6 a responsive pleading, A rule 3.740 collections case will be subject to the requirements for service and obtai ining a judgment in rule 3.740. To Parties In Complex Cases, In compl lex cases only, parties must also use the Civil Caso Cover Shoat to designate whether the case ls complex. If-a.plaintiff:belléves the caseIs complex under rule 3.400 of the Callfomia Rules of Court, this must be indicated by complating the.appropriate boxes in items 1 and 2. . If a plainuffdesignates a case as complex, the caver sheet must be served with the complaint on all parties to the action. A defendant may file and serve no lat ter than the time of its first appearance plaintiff's designation, a counter-designation thal tha case is not complex, or, if the plaintiff has a joinder in the made no designation, a designation that the case is complex. Auto Tort CASE TYPES AND EXAMPLES Contract Provistonally Complex Clvil Litigation (Cal. Auto (22)-Personal Injury/Property Breach of ContraclWarranty (08) DamageWrongful Dealh Breach of Rental/Lease Rutos of Court Rules 3.4 403) Antitrus/Trade Regulation (03) Uninsured Motorist (46) (if Ihe Contract (not unlawful delainer ‘Construction Defect (10) case involves an uninsured wron at Claims Involving Mass Tort (40) motorist claim subject to arbitration, check this itam Contract: atranly Bread eller ‘Securities Litigation (28) laintiff (not fraud or negligence) EnvironmentalToxic Tort (30) Othor PUPGIWD (Personal Injury? Negligent Breach of Contracl) Warranty Insurance Coverage Claims Froperty DamageWrongful Death) from provisional a nee ‘Other Breach of ContracWarranty case type listed above) (41: Asbestos (04) Collections (a.g., money owad, open Enforcemant of Judgment book accounts Enforcement of Judgment (20) Asbestos Property Damage Collection Case-Seller Plaintiff Asbestos Personal injury Other Promissory Note/Coliactions Abstract of Judgment (Out of County) We i! Death Case Product Liability (not asbestos or eee ment (non- Insurance Coverage (not provisionally (24) com 8) Sister State Judgment Medical Malpractice (49) Auto Subrogation Administrative Agency Award ical Malpractica— ‘Other Coverage (no! unpaid taxas, other Pas Ins & Surgeons fessional Health Cara Malpractice Other Contract (37) Contractual Fraud Petition/Certification of Entry of Judgment on Unpaid Taxes Other Contract Dispute Other Enforcement of Judgment Other P/PD/WD (23) Premi i ; Liability (0.9., slip Real Property Eminent Dumain/inverse Miscellaneous Civil Complaint al fal Condemnation (14) RICO (27) Intentional Bodily Injury/PDAWD Wrongful Eviction (33) Other Compla a (not specified e.9., assault, vandalism) Other Real Property (6.g., quiet lilo) (26) at 4 Intentional infliction of Emotional Distress Wit of Possassion of Real Proparty Declaratory Relief Only Negligent Infliction of Mortgage Foreclosure Quiet Title Injunctive Relief Only (non- Emotional Distress harassment) Other Real Property (not eminent Mechanics Lien Other PPOAWD domain, landlordfenant, or Non-PW/POMWD (Other) Tort Other Commercial Complaint foraciosure) ‘aB@ (non-tor/non-complax) Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint Practice (07) Commercial (31) Civil Rights (e.g.. discrimination, Rasidential (32) 1on-cam) ax) false atrost) (not civi iti Drugs (38) (if the case involves iitegal Miscellaneous Civil Patition Partnership and Corporate harassment) (08) drugs, check this item; otherwise, Defamation (e.g., slander, lite!) Govemarce (21) 1 ‘as Commercial or Residential) Other Petition (not specified Fraud (16) Judictal Review above) (43) Asset Forfeiture (05) Intellectual Property (19) Potition Re: Arbitration Award (11) Civil Harassment Workplace Violence Professional Negligence (25) ‘Writ of Mandate (02) Elder/Dependent Adult Legal Malpractice Writ-Administrative Mandamus Other Professional Matpractice Abuse ‘Writ-Mandamus on Limited Court Election Contest (notmi ‘or fog Case Matter Pelition for Name Change Other Non-PI/POWD Tort (35) Writ-Other Limited Court Case Employment Review Petition for Relief From Late Wrongful Termination (36) Other lai Employment (15) Other Judicial Review (39) Other Civil Petition Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals a = td 074%, 2004} CIVIL CASE COVER SHEET Powe gate Le 006 E-FILED Micah K. Nilsson, Esq. (SBN 250919) Mark A. Waller, Esq. (SBN 316904) 7/9/2018 3:47 PM DOWLING AARON INCORPORATED 5080 California Avenue, Suite 340 FRESNO COUNTY SUPERIOR COURT Bakersfield, California 93309 By: A. Rodriguez, Deputy Telephone: (661) 716-3000 Facsimile: (661) 716-3005 mnilsson@dowlingaaron.com mwaller@dowlingaaron.com Attorneys for Plaintiff Akash Singh SUPERIOR COURT OF CALIFORNIA OF THE STATE OF CALIFORNIA IN THE COUNTY OF FRESNO 10 I AKASH SINGH, CASE NO. 18CECG02478 12 Plaintiff, 13 v. 14 CENTRAL UNIFIED SCHOOL DISTRICT, | COMPLAINT FOR DAMAGES CENTRAL HIGH SCHOOL, EZEQUIE! 15 GUTIERREZ, and DOES | to 100, inclusive, 16 Defendants. 17 18 Plaintiff Akash Singh (‘Plaintiff’) alleges as to the defendants and each of them as 19 follows: 20 PRELIMINARY ALLEGATIONS 21 1 Atall relevant times herein, Plaintiffis an individual residing the County 22 of Fresno, California. 23 2 At all relevant times herein, Defendant Central High School (“Central 24 High”) was a school within the jurisdiction and under the contro] of Defendant Central Unified 25 School District (*CUSD”). Both Defendants are statutorily liable under California law pursuant 26 to California Government Code Section 815.2(a). 27 3 Atall relevant times herein, Defendant Ezequiel Gutierrez. (“Gutierrez”) 28 was employee at CUSD. Gutierrez served as Vice Principal of Central igh. Defendant DOWLING ponies AAPON COMPLAINT FOR DAMAGES 007 Gutierrez is statutorily liable under California law pursuant to California Government Code Section 820(a). 4. The names and identities of all the public employees responsible for Plaintiff's injuries and damages arc unknown to Plaintiff at this time. Plaintiff is informed, believes, and thereon alleges that the names and identities of the public employees who were responsible for Plaintiff's injuries and damages include Defendants CUSD, Central High, Ezequiel Gutierrez, and Does | to 100, Inclusive. 5 Plaintiff is unaware of the true names and capacities of the Defendants sued herein as Does 1 through 100, inclusive, and therefore sues these Defendants by such 10 fictitious names. At all relevant times herein, Defendant DOES 1 through 100, inclusive, were: i (a) officers and agents of CUSD; (b) employed as principals, deans, counselors, teachers, 12 security guards or other employees at Central High, a high school within, and under the 13 jurisdiction and control of, Defendant CUSD; and (c) acting within the scope of such agency 14 and employment. Plaintiff is informed and believes and on that basis alleges that each of the 15 fictitiously named Defendants is liable in the manner set forth below for the acts, conduct 16 and/or omissions concerning the events and happenings herein referred to, which proximately 17 caused the damage and injuries to Plaintiff as alleged herein. 18 6. On December 13, 2017, Plaintiff served the Board of Trustees for 19 CUSD, Central High, Vice Principal Ezequiel Gutierrez, Principal Robert Perez, with a 20 government tort claim for damages. Plaintiff's government tort claim, along with proofs of 21 service, are attached hereto as Exhibit A and incorporated herein. 22 7 On or about January 12, 2018, Defendant CUSD served Plaintiff by mail 23 with a notice of rejection of Plaintiff's government tort claim for damages. Plaintiff received 24 this notice on or about January 16, 2018. Plaintiff received no other responses to his 25 government tort claim by any of the other respondents. The notice of rejection received by 26 Plaintiff, along with the accompanying proof of service, is attached hereto as Exhibit B and 27 incorporated herein. 28 wa 601 ON —- oe an Por DAMA! 008 FACTUA! LLEGATIONS 8 During the 2016-2017 academic year, Plaintiff attended San Joaquin Memorial High School (“Memorial”) located in Fresno, California. During that school year, Defendant Gutierrez was employed by Memorial. During the summer of 2017, Plaintiff left Memorial and enrolled in Fresno Christian High School. Around the same time, Defendant Gutierrez, left Memorial to serve as Vice Principal at Central High School in the Central Unified School District. 9 On or around July 11, 2017, Plaintiff leaned that Defendants had communicated and published false information about Plaintiff to third parties including Fresno 10 Christian High School staff. Plaintiff is informed, believes, and thereon alleges that the Ih information communicated/published by Defendants was false and primarily based on the false 12 assertions of Defendant Gutierrez. Plaintiff is informed, belicves. and thereon alleges that the 3 false communications included allegations that Plaintiff had posted multiple threats online, had 14 committed a crime, and was a suspect in a criminal murder investigation. 15 10, As a direct result of Defendants’ false statements, Fresno Christian High 16 School staff made the decision to unenroll Plaintiff and thereby prevent him from attending the 17 school for the 2017-2018 academic year. 18 Ll. Plaintiff is informed, belicves, and thereon alleges that he was singled 19 out by Defendants based on his race. Unlawful discrimination occurred when adverse action 20 was taken against Plaintiff on the basis of his race, ethnicity, or national origin. 21 FIRST CAUSE OF ACTION 22 (Defamation per se-—Against Defendant Gutierrez) 23 12, Plaintiff incorporates each and every allegation in paragraphs | through 24 11 above as though fully set forth herein. 25 13, Plaintiff is informed, believes, and thereon alleges that Defendant 26 Gutierrez made statements to persons, including Fresno Christian High School staff, about Plaintiff. Those statements included accusations that Plaintiff had committed a crime and was 28 a suspect in a criminal investi tion. a All these statements were false and, at the time the ION en —— COMPLAINT FOR DAMAGES 009 statements were made, Defendant Gutierrez lacked any knowledge to determine the truth or falsity of the statements. 14. ‘The persons who heard these statements, including Fresno Christian High School staff, reasonably understood that the statements were about Plaintiff. 15. As a result of Defendant Gutierrez’s above described statements, Plaintiff suffered harm to his business and reputation. Plaintiff is the majority stakeholder of a business with monthly gross revenues of approximately $90,000.00 to $100,000.00. Plaintiff's business has lost out on business opportunities due to his slandered reputation. Plaintiff also felt shame, mortification, and hurt feelings as a result of Defendant Guticrrez’s statements. 10 Plaintiff has been damaged in a sum to be proven at trial, MW 16. Defendant Gutierrez’s conduct was a substantial factor in causing 12 Plaintiff's harm. 13 SECOND CAUSE OF ACTION. 4 (Negligence—Against Defendant Gutierrez) 1S 17, Plaintiff incorporates each and every allegation in paragraphs 1 through 16 16 above as though fully set forth herein. \7 18. In communicating to other persons, including Fresno Christian High 18 School staff, Defendant Gutierrez owed a reasonable duty of care to Plaintiff to not tarnish his 19 reputation or misrepresent his actions. 20 19. By representing that Plaintiff had posted multiple threats online, had 21 committed a crime, and was a suspect in a criminal murder investigation, and failing to take 22 reasonable steps to verify the accuracy of those statements, Defendant Gutierrez breached his 23 duty of care to not tarnish Plaintiff's reputation or misrepresent his actions. 24 20. As a direct and proximate result of Defendant Guticrrez’s breach, 25 Plaintiff has been damaged in an amount subject to proofat trial, 26 ‘1 27 Mt 28 ae COMLNG | RO Se ae ee COMPLAINT fe Dano 010 THIRD CAUSE OF ACTION (Negligent Infliction of Emotional Distress—Against Defendant Gutierrez) 21. Plaintiff incorporates each and every allegation in paragraphs 1 through 20 above as though fully set forth herein. 22. By breaching his duty of care owed to Plaintiff, Defendant Gutierrez was negligent. 23. As a result of Defendant Gutierrez’s false statements to other persons, including Fresno Christian High School staff, Plaintiffs personal and business reputation has