Preview
Superior Court of California
County of Kern
Bakersfield Department 17
Date: 10/20/2020 Time: 8:30 AM - 12:00 PM
BCV-19-103339
CAMPBELL VS RIBERA
Courtroom Staff
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court reporter: Katherine Weymouth Bailiff: Deputy Sheriff
Interpreter: Language of:
PARTIES:
Present:
CAMPBELL, DIMETIROUS Plaintiff Pro Per
CATES, B. Defendant, Not Present YOUNG, GREGORY LANE Attorney, Present
GUTIERREZ, J. Defendant, Not Present YOUNG, GREGORY LANE Attorney, Present
RIBERA, A. Defendant, Not Present YOUNG, GREGORY LANE Attorney, Present
Not Present:
CALIFORNIA CORRECTIONAL CENTER (CCC) CDCR
Litigation Coordinator
Court Call
NATURE OF PROCEEDINGS: DEMURRER
Hearing Start Time: 8:58 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
Matter argued and submitted.
The Court makes the following findings and orders:
Defendant's Demurrer to Plaintiff's First Amended Complaint - Overruled.
Defendants J. Gutierrez, A. Ribera and B. Cates's Demurrer to Plaintiff's First Amended Complaint, although
unopposed, is overruled.
Plaintiff's First Amended Complaint contains sufficient facts to support a cause of action for dangerous condition of
public property based on the prison's allegedly contaminated water supply. Such a claim can be stated against
public employees (see e.g. Govt. Code sections 820 and 840.2)
MINUTES
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CAMPBELL VS RIBERA BCV-19-103339
The attachment labeled "CAUSE OF ACTION - Premises Liability" in Plaintiff's FAC, which uses Judicial Council
Forms, checked the box for "Count Three - Dangerous Condition of Public Property". This section was not
completed in the original Complaint, which also used Judicial Council Forms.
Case law confirms that a dangerous condition of property need not be a physical defect in the property, as long as
there is something about the physical condition of the public property that increases the risk of harm to persons.
(Pekarek v. City of San Diego (1994) 30 Cal.App.4th 909, 916)
The FAC alleges that each of the three Defendants are aware of the contamination of the water supply. Plaintiff
alleges that the water supply at CCI, where Plaintiff is currently confined, is contaminated with lead and/or
coliform, that Plaintiff has requested bottled drinking water, which request has been refused, and that as a result
of consuming the water there is an abundance of suffering from headaches, joint pain, hard stools, stomach
cramps, sore throats, phlegm, problems starting and stopping during urination, difficulties with memory and
concentration.
Plaintiff identifies Defendant A. Ribera as the water plant supervisor at CCI, who Plaintiff alleges is well aware that
even small amounts of lead can cause serious health problems, yet he continues to deny that the water Plaintiff
consumes on a daily basis is unsafe; Ribera is intentionally allowing Plaintiff to be slowly poisoned.
J. Gutierrez is alleged to be the Associate Warden at CCI, who examined Plaintiff's complaint and turned a blind
eye to the problem.
B. Cates is identified as the Chief Deputy Warden at CCI, who also examined the complaint, refused to intervene,
and turned a blind eye to the injury.
As warden, associate warden and water plant supervisor, each Defendant is responsible for the treatment of
inmates and from these allegations it can reasonably be inferred that each had authority, responsibility, as well as
means and funds, for providing inmates with safe drinking water. These allegations are sufficient to overcome
Demurrer.
Procedurally, where there are several grounds for demurrer, each must be stated in a separate paragraph and
must state whether the challenge is to the entire pleading or to some specific cause of action.
If there are several causes of action in the complaint, a demurrer to the entire complaint may be overruled if any
cause of action is properly stated.
Therefore, the court reads the FAC as a whole and finds that it states sufficient facts to allege a cause of action for
dangerous condition of public property against Defendants. The FAC is not so uncertain that Defendants cannot
reasonably respond.
Answer to be filed and served by 11/30/2020.
As a side note, the FAC attaches declarations from other inmates who attest to suffering problems similar to
Plaintiff and Plaintiff's FAC requests that the court certify this case as a class action lawsuit and thus provide
counsel for all inmates at the facility. The court cannot make such class certification in this case as the case is
currently pleaded and furthermore, class certification will not result in appointment of counsel. Rather, a class
action lawsuit would first be pleaded and filed as a class action by an attorney, which attorney can then seek class
certification from the court via motion. (See e.g. California Rules of Court, rule 3.761 and 3.764) Since class counsel
is typically compensated from the proceeds of a class action lawsuit, rather than via hourly fees, Plaintiff may
contact attorneys of his choosing to discuss this case.
MINUTES
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CAMPBELL VS RIBERA BCV-19-103339
Plaintiff request the court to appoint counsel - Denied. This is not in front of the court at this time.
(See reporter's transcript for full runilg)
Clerk's minutes are the order of the court.
Clerk's minutes mailed to all parties as stated on the attached declaration.
Minute order notice.
FUTURE HEARINGS:
January 20, 2021 8:15 AM Further Case Management Conference
Clark, Thomas S.
Bakersfield Department 17
Sheriff, Deputy
MINUTES FINALIZED BY: LINDA HALL ON: OCTOBER 20, 2020
MINUTES
Page 3 of 5
CAMPBELL VS RIBERA BCV-19-103339
CAMPBELL VS RIBERA
BCV-19-103339
CERTIFICATE OF MAILING
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minutes dated October 20, 2020 attached
hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: October 20, 2020
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: October 20, 2020
By:
Linda Hall, Deputy Clerk
Signed: 10/20/2020 02:23 PM
Certificate of Mailing
Page 4 of 5
CAMPBELL VS RIBERA
BCV-19-103339
MAILING LIST
DIMETIROUS CAMPBELL GREGORY LANE YOUNG
F83069 ATTORNEY GENERALS OFFICE
PO BOX 608 300 S SPRING ST STE 1702
TEHACHAPI CA 93581 LOS ANGELES CA 90013-1256
CALIFORNIA CORRECTIONAL CENTER CCC
ATTN LITIGATION COORDINATOR
PO BOX 790
SUSANVILLE CA 96127-0790
Certificate of Mailing
Page 5 of 5
Preview
Superior Court of California County of Kern Bakersfield Department 17 Date: 10/20/2020 Time: 8:30 AM - 12:00 PM BCV-19-103339 CAMPBELL VS RIBERA Courtroom Staff Honorable: Thomas S. Clark Clerk: Linda K. Hall Court reporter: Katherine Weymouth Bailiff: Deputy Sheriff Interpreter: Language of: PARTIES: Present: CAMPBELL, DIMETIROUS Plaintiff Pro Per CATES, B. Defendant, Not Present YOUNG, GREGORY LANE Attorney, Present GUTIERREZ, J. Defendant, Not Present YOUNG, GREGORY LANE Attorney, Present RIBERA, A. Defendant, Not Present YOUNG, GREGORY LANE Attorney, Present Not Present: CALIFORNIA CORRECTIONAL CENTER (CCC) CDCR Litigation Coordinator Court Call NATURE OF PROCEEDINGS: DEMURRER Hearing Start Time: 8:58 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. Matter argued and submitted. The Court makes the following findings and orders: Defendant's Demurrer to Plaintiff's First Amended Complaint - Overruled. Defendants J. Gutierrez, A. Ribera and B. Cates's Demurrer to Plaintiff's First Amended Complaint, although unopposed, is overruled. Plaintiff's First Amended Complaint contains sufficient facts to support a cause of action for dangerous condition of public property based on the prison's allegedly contaminated water supply. Such a claim can be stated against public employees (see e.g. Govt. Code sections 820 and 840.2) MINUTES Page 1 of 5 CAMPBELL VS RIBERA BCV-19-103339 The attachment labeled "CAUSE OF ACTION - Premises Liability" in Plaintiff's FAC, which uses Judicial Council Forms, checked the box for "Count Three - Dangerous Condition of Public Property". This section was not completed in the original Complaint, which also used Judicial Council Forms. Case law confirms that a dangerous condition of property need not be a physical defect in the property, as long as there is something about the physical condition of the public property that increases the risk of harm to persons. (Pekarek v. City of San Diego (1994) 30 Cal.App.4th 909, 916) The FAC alleges that each of the three Defendants are aware of the contamination of the water supply. Plaintiff alleges that the water supply at CCI, where Plaintiff is currently confined, is contaminated with lead and/or coliform, that Plaintiff has requested bottled drinking water, which request has been refused, and that as a result of consuming the water there is an abundance of suffering from headaches, joint pain, hard stools, stomach cramps, sore throats, phlegm, problems starting and stopping during urination, difficulties with memory and concentration. Plaintiff identifies Defendant A. Ribera as the water plant supervisor at CCI, who Plaintiff alleges is well aware that even small amounts of lead can cause serious health problems, yet he continues to deny that the water Plaintiff consumes on a daily basis is unsafe; Ribera is intentionally allowing Plaintiff to be slowly poisoned. J. Gutierrez is alleged to be the Associate Warden at CCI, who examined Plaintiff's complaint and turned a blind eye to the problem. B. Cates is identified as the Chief Deputy Warden at CCI, who also examined the complaint, refused to intervene, and turned a blind eye to the injury. As warden, associate warden and water plant supervisor, each Defendant is responsible for the treatment of inmates and from these allegations it can reasonably be inferred that each had authority, responsibility, as well as means and funds, for providing inmates with safe drinking water. These allegations are sufficient to overcome Demurrer. Procedurally, where there are several grounds for demurrer, each must be stated in a separate paragraph and must state whether the challenge is to the entire pleading or to some specific cause of action. If there are several causes of action in the complaint, a demurrer to the entire complaint may be overruled if any cause of action is properly stated. Therefore, the court reads the FAC as a whole and finds that it states sufficient facts to allege a cause of action for dangerous condition of public property against Defendants. The FAC is not so uncertain that Defendants cannot reasonably respond. Answer to be filed and served by 11/30/2020. As a side note, the FAC attaches declarations from other inmates who attest to suffering problems similar to Plaintiff and Plaintiff's FAC requests that the court certify this case as a class action lawsuit and thus provide counsel for all inmates at the facility. The court cannot make such class certification in this case as the case is currently pleaded and furthermore, class certification will not result in appointment of counsel. Rather, a class action lawsuit would first be pleaded and filed as a class action by an attorney, which attorney can then seek class certification from the court via motion. (See e.g. California Rules of Court, rule 3.761 and 3.764) Since class counsel is typically compensated from the proceeds of a class action lawsuit, rather than via hourly fees, Plaintiff may contact attorneys of his choosing to discuss this case. MINUTES Page 2 of 5 CAMPBELL VS RIBERA BCV-19-103339 Plaintiff request the court to appoint counsel - Denied. This is not in front of the court at this time. (See reporter's transcript for full runilg) Clerk's minutes are the order of the court. Clerk's minutes mailed to all parties as stated on the attached declaration. Minute order notice. FUTURE HEARINGS: January 20, 2021 8:15 AM Further Case Management Conference Clark, Thomas S. Bakersfield Department 17 Sheriff, Deputy MINUTES FINALIZED BY: LINDA HALL ON: OCTOBER 20, 2020 MINUTES Page 3 of 5 CAMPBELL VS RIBERA BCV-19-103339 CAMPBELL VS RIBERA BCV-19-103339 CERTIFICATE OF MAILING The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes dated October 20, 2020 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: October 20, 2020 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: October 20, 2020 By: Linda Hall, Deputy Clerk Signed: 10/20/2020 02:23 PM Certificate of Mailing Page 4 of 5 CAMPBELL VS RIBERA BCV-19-103339 MAILING LIST DIMETIROUS CAMPBELL GREGORY LANE YOUNG F83069 ATTORNEY GENERALS OFFICE PO BOX 608 300 S SPRING ST STE 1702 TEHACHAPI CA 93581 LOS ANGELES CA 90013-1256 CALIFORNIA CORRECTIONAL CENTER CCC ATTN LITIGATION COORDINATOR PO BOX 790 SUSANVILLE CA 96127-0790 Certificate of Mailing Page 5 of 5