Preview
1 XAVIER BECERRA
Attorney General of California
2 PAMELA J. HOLMES
Supervising Deputy Attorney General
3 DAVID YENGOYAN
Deputy Attorney General
4 State Bar No. 249589
2550 Mariposa Mall, Room 5090
5 Fresno, CA 93721
Telephone: (559) 705-2325 E-FILED
6 Fax: (559) 445-5106 12/8/2020 3:45 PM
E-mail: David.Yengoyan@doj.ca.gov Superior Court of California
7 Attorneys for Defendant County of Fresno
Mark Angelo Rodriques By: J. Nelson, Deputy
8 (erroneously sued and served herein as Mark Angelo
Rodrigues)
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF FRESNO
11
CIVIL DIVISION
12
13
14 GARY WAYN EDWARDS, an individual, Case No. 19CECG03450
15 Plaintiff, STATEMENT OF UNDISPUTED
MATERIAL FACTS IN SUPPORT OF
16 v. MOTION FOR SUMMARY JUDGMENT
OF DEFENDANT MARK ANGELO
17 RODRIQUES
MARK ANGELO RODRIGUES, an
18 individual and DOES 1 to 25, Date: May 5, 2021
Time: 3:30 p.m.
19 Defendant. Dept: 403
Judge: The Honorable Kristi Culver
20 Kapetan
Trial Date: March 29, 2021
21 Action Filed: September 23, 2019
22
23 Pursuant to Code of Civil Procedure section 437c, subdivision b (1) and California Rules of
24 Court, rule 3.1350(h), defendant Mark Angelo Rodriques (Rodriques) submits this separate
25 statement of undisputed material facts in support of his motion for summary judgment.
26 ///
27 ///
28 ///
1
Defendant’s Statement of Undisputed Material Facts
in Support of Motion for Summary Judgment (19CECG03450)
1 DEFENDANT’S STATEMENT OF UNDISPUTED MATERIAL FACTS
2 No. UNDISPUTED MATERIAL FACTS OPPOSING PARTY’S RESPONSE AND
AND SUPPORTING EVIDENCE SUPPORTING EVIDENCE
3 1 On September 23, 2019, Edwards filed a
complaint against Rodriques.
4
(Request of Judicial Notice (RJN),
5 Declaration of David Yengoyan
(Yengoyan Decl.), Exh. A, AG000001-
6 AG000007.)
2 Rodriques was employed as a Special
7 Agent with the Department of Justice,
Bureau of Firearms at the time of the
8 motor vehicle accident.
9 (Declaration of Mark Angelo Rodriques
(Rodriques Decl.) ¶3.)
10 3 Rodriques has been employed as a
Special Agent with the Department of
11 Justice since February 2008.
12 (Rodriques Decl.,¶3.)
4 The Bureau of Firearms is a division
13 within the Department of Justice and the
Department of Justice is a State of
14 California law enforcement agency, and
legal department that serves at the behest
15 of the California Attorney General.
16 (Rodriques Decl.,¶4.)
5 As a Special Agent for the Bureau of
17 Firearms, the duties include those
assigned to a peace officer under Penal
18 Code section 830.1, which include, but
are not limited to, performing
19 investigations, conducting interviews,
and executing search warrants in
20 connection with the assigned cases.
21 (Rodriques Decl.,¶5.)
6 The requirements of a Special Agent for
22 the Bureau of Firearms dictate an
unconventional daily routine, which
23 consists of driving in a Department of
Justice issued vehicle to perform the job
24 duties as necessary.
25 (Rodriques Decl.,¶6.)
26
27
28
2
Defendant’s Statement of Undisputed Material Facts
in Support of Motion for Summary Judgment (19CECG03450)
1 7 On November 3, 2017, at the time of the
alleged motor vehicle accident,
2 Rodriques was driving in a Department
of Justice issued vehicle in the
3 performance of his duties as a Special
Agent in the ordinary course of his
4 employment.
5 (Rodriques Decl.,¶7.)
8 The Government Claims Program (GCP)
6 processes government claims for money
or damages against departments,
7 agencies, and entities, and employees of
the State of California.
8
(Declaration of Eric Rivera (Rivera
9 Decl.) ¶2.)
9 A Staff Services Analyst or Associate
10 Governmental Program Analyst
employed by the GCP determines
11 whether a presented government claim
complies with the Government Claims
12 Act.
13 (Rivera Decl., ¶3.)
10 If a presented government claim fails to
14 comply with applicable statutory
requirements, in the regular course of
15 business, notice of insufficiency through
a noncompliance letter is issued to the
16 claimant or claimant’s representative.
17 (Rivera Decl., ¶5.)
11 Plaintiff, through his attorney, James W.
18 Vititoe, presented a government claim
twice by US Mail, received by GCP on
19 April 27, 2018, and May 1, 2018.
20 (Rivera Decl. ¶6, Exh. A, AG000029-
AG000044; RJN, Yengoyan Decl., Exh.
21 B, AG000012-AG000027.)
12 Plaintiff’s government claim was
22 presented against the Department of
Justice, State of California, and
23 Rodriques.
24 (Rivera Decl. ¶6, Exh. A, AG000029-
AG000044; RJN, Yengoyan Decl., Exh.
25 B, AG000012-AG000027.)
26
27
28
3
Defendant’s Statement of Undisputed Material Facts
in Support of Motion for Summary Judgment (19CECG03450)
1 13 Plaintiff’s government claim was
assigned the unique claim number of
2 18004133.
3 (Rivera Decl. ¶¶4, 6, Exh. A,
AG000028; RJN, Yengoyan Decl., Exh.
4 B, AG000011.)
14 Plaintiff’s government claim arose from
5 alleged injuries he sustained resulting
from a motor vehicle collision with a
6 vehicle driven by Rodriques on
November 3, 2017.
7
(Rivera Decl. ¶6, Exh. A, AG000029-
8 AG000044; RJN, Yengoyan Decl., Exh.
B, AG000012-AG000027.)
9 15 Eric Rivera (Rivera) was the
Governmental Program Analyst assigned
10 to this matter, designated claim number
18004133.
11
(Rivera Decl., ¶6.)
12 16 On May 9, 2018, Rivera prepared, and
caused to be mailed and stored, a
13 noncompliance correspondence to
Edward’s attorney, James W. Vititoe
14 advising plaintiff that the presented
government claim failed to comply with
15 Government Code section 905.2,
subdivision (c) as the required filing fee
16 or fee waiver application did not
accompany the presented government
17 claim.
18 (Rivera Decl. ¶7, Exh. A, AG000028;
RJN, Yengoyan Decl., Exh. B,
19 AG000011.)
17 On May 9, 2018, Rivera prepared, and
20 caused to be mailed and stored, a
noncompliance correspondence to
21 Edward’s attorney, James W. Vititoe
advising plaintiff that in order for a claim
22 to be timely, the government claim must
comply with the requirements of
23 Government Code sections 905.2,
subdivision (c), 910, and 910.2, and be
24 presented within six months of the
original date of incident, in accordance
25 with Government Code section 911.2.
26 (Rivera Decl. ¶7, Exh. A, AG000028;
RJN, Yengoyan Decl., Exh. B,
27 AG000011.)
28
4
Defendant’s Statement of Undisputed Material Facts
in Support of Motion for Summary Judgment (19CECG03450)
1 18 On May 9, 2018, or the next business
day, Rivera mailed the noncompliance
2 correspondence to Edward’s attorney,
James W. Vititoe.
3
(Rivera Decl. ¶7.)
4 19 Plaintiff has not provided the statutory
filing fee or fee waiver application to
5 GCP.
6 (Rivera Decl. ¶7.)
20 GCP has not received a request for a late
7 filed claim, or any additional
correspondence from plaintiff.
8
(Rivera Decl. ¶7.)
9
10 ISSUE 1 - BECAUSE PLAINTIFF FAILED TO COMPLY WITH THE REQUIREMENTS OF
THE GOVERNMENT CLAIMS ACT, HE IS BARRED FROM MAINTAINING ACTION
11 AGAINST DEFENDANT
12 No. UNDISPUTED MATER FACTS OPPOSING PARTY’S RESPONSE AND
AND SUPPORTING EVIDENCE SUPPORTING EVIDENCE
13 1 On September 23, 2019, Edwards filed a
complaint against Rodriques.
14
(RJN, Declaration of Yengoyan Decl.,
15 Exh. A, AG000001-AG000007.)
2 Rodriques was employed as a Special
16 Agent with the Department of Justice,
Bureau of Firearms at the time of the
17 motor vehicle accident.
18 (Rodriques Decl., ¶3.)
3 Rodriques has been employed as a
19 Special Agent with the Department of
Justice since February 2008.
20
(Rodriques Decl.,¶3.)
21 4 The Bureau of Firearms is a division
within the Department of Justice and the
22 Department of Justice is a State of
California law enforcement agency and
23 legal department that serves at the behest
of the California Attorney General.
24
(Rodriques Decl.,¶4.)
25
26
27
28
5
Defendant’s Statement of Undisputed Material Facts
in Support of Motion for Summary Judgment (19CECG03450)
1 5 As a Special Agent for the Bureau of
Firearms, the duties include those
2 assigned to a peace officer under Penal
Code section 830.1, which include, but
3 are not limited to performing
investigations, conducting interviews,
4 and executing search warrants in
connection with the assigned cases.
5
(Rodriques Decl.,¶5.)
6 6 The requirements of a Special Agent
with the Bureau of Firearms dictate an
7 unconventional daily routine, which
consists of driving in a Department of
8 Justice issued vehicle to perform the job
duties as necessary.
9
(Rodriques Decl.,¶6.)
10 7 On November 3, 2017, at the time of the
alleged motor vehicle accident,
11 Rodriques was driving in a Department
of Justice issued vehicle in the
12 performance of his duties as a Special
Agent in the ordinary course of his
13 employment.
14 (Rodriques Decl.,¶7.)
8 The GCP processes government claims
15 for money or damages against
departments, agencies, entities, and
16 employees of the State of California.
17 (Rivera Decl., ¶2.)
9 A Staff Services Analyst or Associate
18 Governmental Program Analyst
employed by the GCP determines
19 whether a presented government claim
complies with the Government Claims
20 Act.
21 (Rivera Decl., ¶3.)
10 If a presented government claim fails to
22 comply with applicable statutory
requirements, in the regular course of
23 business, notice of insufficiency through
a noncompliance letter is issued to the
24 claimant or claimant’s representative.
25 (Rivera Decl., ¶5.)
26
27
28
6
Defendant’s Statement of Undisputed Material Facts
in Support of Motion for Summary Judgment (19CECG03450)
1 11 Plaintiff, through his attorney, James W.
Vititoe, presented a government claim
2 twice by US Mail, received by GCP on
April 27, 2018, and May 1, 2018.
3
(Rivera Decl. ¶6, Exh. A, AG000029-
4 AG000044; RJN, Yengoyan Decl., Exh.
B, AG000012-AG000027.)
5 12 Plaintiff’s government claim was
presented against the Department of
6 Justice, State of California, and
Rodriques.
7
(Rivera Decl. ¶6, Exh. A, AG000029-
8 AG000044; RJN, Yengoyan Decl., Exh.
B, AG000012-AG000027.)
9 13 Plaintiff’s government claim was
assigned the unique claim number of
10 18004133.
11 (Rivera Decl. ¶¶4, 6, Exh. A,
AG000028; RJN, Yengoyan Decl., Exh.
12 B, AG000011.)
14 Plaintiff’s government claim arose from
13 alleged injuries he sustained resulting
from a motor vehicle collision with a
14 vehicle driven by Rodriques on
November 3, 2017.
15
(Rivera Decl. ¶6, Exh. A, AG000029-
16 AG000044; RJN, Yengoyan Decl., Exh.
B, AG000012-AG000027.)
17 15 Eric Rivera (Rivera) was the
Governmental Program Analyst assigned
18 to this matter, designated claim number
18004133.
19
(Rivera Decl., ¶6.)
20 16 On May 9, 2018, Rivera prepared, and
caused to be mailed and stored, a
21 noncompliance correspondence to
Edward’s attorney, James W. Vititoe
22 advising plaintiff that the presented
government claim failed to comply with
23 Government Code section 905.2,
subdivision (c) as the required filing fee
24 or fee waiver application did not
accompany the presented government
25 claim.
26 (Rivera Decl. ¶7, Exh. A, AG000028;
RJN, Yengoyan Decl., Exh. B,
27 AG000011.)
28
7
Defendant’s Statement of Undisputed Material Facts
in Support of Motion for Summary Judgment (19CECG03450)
1 17 On May 9, 2018, Rivera prepared, and
caused to be mailed and stored, a
2 noncompliance correspondence to
Edward’s attorney, James W. Vititoe
3 advising plaintiff that in order for a claim
to be timely, the government claim must
4 comply with the requirements of
Government Code sections 905.2,
5 subdivision (c), 910, and 910.2 and be
presented within six months of the
6 original date of incident, in accordance
with Government Code section 911.2.
7
(Rivera Decl. ¶7, Exh. A, AG000028;
8 RJN, Yengoyan Decl., Exh. B,
AG000011.)
9 18 On May 9, 2018, or the next business
day, GCP mailed the noncompliance
10 correspondence to Edward’s attorney,
James W. Vititoe.
11
(Rivera Decl. ¶7.)
12 19 Plaintiff has not provided the statutory
filing fee or fee waiver application to
13 GCP.
14 (Rivera Decl. ¶7.)
20 GCP has not received a request for a late
15 filed claim or any additional
correspondence from plaintiff.
16
(Rivera Decl. ¶7.)
17
18 Dated: December 7, 2020 Respectfully Submitted,
19 XAVIER BECERRA
Attorney General of California
20 PAMELA J. HOLMES
Supervising Deputy Attorney General
21
22
23
DAVID YENGOYAN
24 Deputy Attorney General
Attorneys for Defendant
25 Mark Angelo Rodriques
(erroneously sued and served herein as
26 Mark Angelo Rodrigues)
SA2020101141
27 95356743.docx
28
8
Defendant’s Statement of Undisputed Material Facts
in Support of Motion for Summary Judgment (19CECG03450)
DECLARATION OF SERVICE BY E-MAIL and U.S. Mail
Case Name: Gary Wayn Edwards v. Mark Angelo Rodrigues
No.: 19CECG03450
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter. I am familiar with the business practice at the Office of the
Attorney General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day in the ordinary course of
business.
On December 8, 2020, I served the attached STATEMENT OF UNDISPUTED MATERIAL
FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF DEFENDANT
MARK ANGELO RODRIQUES by transmitting a true copy via electronic mail. In addition,
Carol Borunda placed a true copy thereof enclosed in a sealed envelope, in the internal mail
system of the Office of the Attorney General, addressed as follows:
James W. Vititoe
Vititoe Law Group
5707 Corsa Avenue, 2nd Floor
Westlake Village, CA 91362
E-mail Address: jim@vititoe.com; jim@vititoelawgroup.com, melissa@vititoelawgroup.com
Counsel for Plaintiff
I declare under penalty of perjury under the laws of the State of California and the United States
of America the foregoing is true and correct and that this declaration was executed on December
8, 2020, at Fresno, California.
Jacquelyn Bennett
Declarant Signature
Carol Borunda /s/ Carol Borunda
Declarant Signature
SA2020101141
95369003.docx
Preview
1 XAVIER BECERRA Attorney General of California 2 PAMELA J. HOLMES Supervising Deputy Attorney General 3 DAVID YENGOYAN Deputy Attorney General 4 State Bar No. 249589 2550 Mariposa Mall, Room 5090 5 Fresno, CA 93721 Telephone: (559) 705-2325 E-FILED 6 Fax: (559) 445-5106 12/8/2020 3:45 PM E-mail: David.Yengoyan@doj.ca.gov Superior Court of California 7 Attorneys for Defendant County of Fresno Mark Angelo Rodriques By: J. Nelson, Deputy 8 (erroneously sued and served herein as Mark Angelo Rodrigues) 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF FRESNO 11 CIVIL DIVISION 12 13 14 GARY WAYN EDWARDS, an individual, Case No. 19CECG03450 15 Plaintiff, STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF 16 v. MOTION FOR SUMMARY JUDGMENT OF DEFENDANT MARK ANGELO 17 RODRIQUES MARK ANGELO RODRIGUES, an 18 individual and DOES 1 to 25, Date: May 5, 2021 Time: 3:30 p.m. 19 Defendant. Dept: 403 Judge: The Honorable Kristi Culver 20 Kapetan Trial Date: March 29, 2021 21 Action Filed: September 23, 2019 22 23 Pursuant to Code of Civil Procedure section 437c, subdivision b (1) and California Rules of 24 Court, rule 3.1350(h), defendant Mark Angelo Rodriques (Rodriques) submits this separate 25 statement of undisputed material facts in support of his motion for summary judgment. 26 /// 27 /// 28 /// 1 Defendant’s Statement of Undisputed Material Facts in Support of Motion for Summary Judgment (19CECG03450) 1 DEFENDANT’S STATEMENT OF UNDISPUTED MATERIAL FACTS 2 No. UNDISPUTED MATERIAL FACTS OPPOSING PARTY’S RESPONSE AND AND SUPPORTING EVIDENCE SUPPORTING EVIDENCE 3 1 On September 23, 2019, Edwards filed a complaint against Rodriques. 4 (Request of Judicial Notice (RJN), 5 Declaration of David Yengoyan (Yengoyan Decl.), Exh. A, AG000001- 6 AG000007.) 2 Rodriques was employed as a Special 7 Agent with the Department of Justice, Bureau of Firearms at the time of the 8 motor vehicle accident. 9 (Declaration of Mark Angelo Rodriques (Rodriques Decl.) ¶3.) 10 3 Rodriques has been employed as a Special Agent with the Department of 11 Justice since February 2008. 12 (Rodriques Decl.,¶3.) 4 The Bureau of Firearms is a division 13 within the Department of Justice and the Department of Justice is a State of 14 California law enforcement agency, and legal department that serves at the behest 15 of the California Attorney General. 16 (Rodriques Decl.,¶4.) 5 As a Special Agent for the Bureau of 17 Firearms, the duties include those assigned to a peace officer under Penal 18 Code section 830.1, which include, but are not limited to, performing 19 investigations, conducting interviews, and executing search warrants in 20 connection with the assigned cases. 21 (Rodriques Decl.,¶5.) 6 The requirements of a Special Agent for 22 the Bureau of Firearms dictate an unconventional daily routine, which 23 consists of driving in a Department of Justice issued vehicle to perform the job 24 duties as necessary. 25 (Rodriques Decl.,¶6.) 26 27 28 2 Defendant’s Statement of Undisputed Material Facts in Support of Motion for Summary Judgment (19CECG03450) 1 7 On November 3, 2017, at the time of the alleged motor vehicle accident, 2 Rodriques was driving in a Department of Justice issued vehicle in the 3 performance of his duties as a Special Agent in the ordinary course of his 4 employment. 5 (Rodriques Decl.,¶7.) 8 The Government Claims Program (GCP) 6 processes government claims for money or damages against departments, 7 agencies, and entities, and employees of the State of California. 8 (Declaration of Eric Rivera (Rivera 9 Decl.) ¶2.) 9 A Staff Services Analyst or Associate 10 Governmental Program Analyst employed by the GCP determines 11 whether a presented government claim complies with the Government Claims 12 Act. 13 (Rivera Decl., ¶3.) 10 If a presented government claim fails to 14 comply with applicable statutory requirements, in the regular course of 15 business, notice of insufficiency through a noncompliance letter is issued to the 16 claimant or claimant’s representative. 17 (Rivera Decl., ¶5.) 11 Plaintiff, through his attorney, James W. 18 Vititoe, presented a government claim twice by US Mail, received by GCP on 19 April 27, 2018, and May 1, 2018. 20 (Rivera Decl. ¶6, Exh. A, AG000029- AG000044; RJN, Yengoyan Decl., Exh. 21 B, AG000012-AG000027.) 12 Plaintiff’s government claim was 22 presented against the Department of Justice, State of California, and 23 Rodriques. 24 (Rivera Decl. ¶6, Exh. A, AG000029- AG000044; RJN, Yengoyan Decl., Exh. 25 B, AG000012-AG000027.) 26 27 28 3 Defendant’s Statement of Undisputed Material Facts in Support of Motion for Summary Judgment (19CECG03450) 1 13 Plaintiff’s government claim was assigned the unique claim number of 2 18004133. 3 (Rivera Decl. ¶¶4, 6, Exh. A, AG000028; RJN, Yengoyan Decl., Exh. 4 B, AG000011.) 14 Plaintiff’s government claim arose from 5 alleged injuries he sustained resulting from a motor vehicle collision with a 6 vehicle driven by Rodriques on November 3, 2017. 7 (Rivera Decl. ¶6, Exh. A, AG000029- 8 AG000044; RJN, Yengoyan Decl., Exh. B, AG000012-AG000027.) 9 15 Eric Rivera (Rivera) was the Governmental Program Analyst assigned 10 to this matter, designated claim number 18004133. 11 (Rivera Decl., ¶6.) 12 16 On May 9, 2018, Rivera prepared, and caused to be mailed and stored, a 13 noncompliance correspondence to Edward’s attorney, James W. Vititoe 14 advising plaintiff that the presented government claim failed to comply with 15 Government Code section 905.2, subdivision (c) as the required filing fee 16 or fee waiver application did not accompany the presented government 17 claim. 18 (Rivera Decl. ¶7, Exh. A, AG000028; RJN, Yengoyan Decl., Exh. B, 19 AG000011.) 17 On May 9, 2018, Rivera prepared, and 20 caused to be mailed and stored, a noncompliance correspondence to 21 Edward’s attorney, James W. Vititoe advising plaintiff that in order for a claim 22 to be timely, the government claim must comply with the requirements of 23 Government Code sections 905.2, subdivision (c), 910, and 910.2, and be 24 presented within six months of the original date of incident, in accordance 25 with Government Code section 911.2. 26 (Rivera Decl. ¶7, Exh. A, AG000028; RJN, Yengoyan Decl., Exh. B, 27 AG000011.) 28 4 Defendant’s Statement of Undisputed Material Facts in Support of Motion for Summary Judgment (19CECG03450) 1 18 On May 9, 2018, or the next business day, Rivera mailed the noncompliance 2 correspondence to Edward’s attorney, James W. Vititoe. 3 (Rivera Decl. ¶7.) 4 19 Plaintiff has not provided the statutory filing fee or fee waiver application to 5 GCP. 6 (Rivera Decl. ¶7.) 20 GCP has not received a request for a late 7 filed claim, or any additional correspondence from plaintiff. 8 (Rivera Decl. ¶7.) 9 10 ISSUE 1 - BECAUSE PLAINTIFF FAILED TO COMPLY WITH THE REQUIREMENTS OF THE GOVERNMENT CLAIMS ACT, HE IS BARRED FROM MAINTAINING ACTION 11 AGAINST DEFENDANT 12 No. UNDISPUTED MATER FACTS OPPOSING PARTY’S RESPONSE AND AND SUPPORTING EVIDENCE SUPPORTING EVIDENCE 13 1 On September 23, 2019, Edwards filed a complaint against Rodriques. 14 (RJN, Declaration of Yengoyan Decl., 15 Exh. A, AG000001-AG000007.) 2 Rodriques was employed as a Special 16 Agent with the Department of Justice, Bureau of Firearms at the time of the 17 motor vehicle accident. 18 (Rodriques Decl., ¶3.) 3 Rodriques has been employed as a 19 Special Agent with the Department of Justice since February 2008. 20 (Rodriques Decl.,¶3.) 21 4 The Bureau of Firearms is a division within the Department of Justice and the 22 Department of Justice is a State of California law enforcement agency and 23 legal department that serves at the behest of the California Attorney General. 24 (Rodriques Decl.,¶4.) 25 26 27 28 5 Defendant’s Statement of Undisputed Material Facts in Support of Motion for Summary Judgment (19CECG03450) 1 5 As a Special Agent for the Bureau of Firearms, the duties include those 2 assigned to a peace officer under Penal Code section 830.1, which include, but 3 are not limited to performing investigations, conducting interviews, 4 and executing search warrants in connection with the assigned cases. 5 (Rodriques Decl.,¶5.) 6 6 The requirements of a Special Agent with the Bureau of Firearms dictate an 7 unconventional daily routine, which consists of driving in a Department of 8 Justice issued vehicle to perform the job duties as necessary. 9 (Rodriques Decl.,¶6.) 10 7 On November 3, 2017, at the time of the alleged motor vehicle accident, 11 Rodriques was driving in a Department of Justice issued vehicle in the 12 performance of his duties as a Special Agent in the ordinary course of his 13 employment. 14 (Rodriques Decl.,¶7.) 8 The GCP processes government claims 15 for money or damages against departments, agencies, entities, and 16 employees of the State of California. 17 (Rivera Decl., ¶2.) 9 A Staff Services Analyst or Associate 18 Governmental Program Analyst employed by the GCP determines 19 whether a presented government claim complies with the Government Claims 20 Act. 21 (Rivera Decl., ¶3.) 10 If a presented government claim fails to 22 comply with applicable statutory requirements, in the regular course of 23 business, notice of insufficiency through a noncompliance letter is issued to the 24 claimant or claimant’s representative. 25 (Rivera Decl., ¶5.) 26 27 28 6 Defendant’s Statement of Undisputed Material Facts in Support of Motion for Summary Judgment (19CECG03450) 1 11 Plaintiff, through his attorney, James W. Vititoe, presented a government claim 2 twice by US Mail, received by GCP on April 27, 2018, and May 1, 2018. 3 (Rivera Decl. ¶6, Exh. A, AG000029- 4 AG000044; RJN, Yengoyan Decl., Exh. B, AG000012-AG000027.) 5 12 Plaintiff’s government claim was presented against the Department of 6 Justice, State of California, and Rodriques. 7 (Rivera Decl. ¶6, Exh. A, AG000029- 8 AG000044; RJN, Yengoyan Decl., Exh. B, AG000012-AG000027.) 9 13 Plaintiff’s government claim was assigned the unique claim number of 10 18004133. 11 (Rivera Decl. ¶¶4, 6, Exh. A, AG000028; RJN, Yengoyan Decl., Exh. 12 B, AG000011.) 14 Plaintiff’s government claim arose from 13 alleged injuries he sustained resulting from a motor vehicle collision with a 14 vehicle driven by Rodriques on November 3, 2017. 15 (Rivera Decl. ¶6, Exh. A, AG000029- 16 AG000044; RJN, Yengoyan Decl., Exh. B, AG000012-AG000027.) 17 15 Eric Rivera (Rivera) was the Governmental Program Analyst assigned 18 to this matter, designated claim number 18004133. 19 (Rivera Decl., ¶6.) 20 16 On May 9, 2018, Rivera prepared, and caused to be mailed and stored, a 21 noncompliance correspondence to Edward’s attorney, James W. Vititoe 22 advising plaintiff that the presented government claim failed to comply with 23 Government Code section 905.2, subdivision (c) as the required filing fee 24 or fee waiver application did not accompany the presented government 25 claim. 26 (Rivera Decl. ¶7, Exh. A, AG000028; RJN, Yengoyan Decl., Exh. B, 27 AG000011.) 28 7 Defendant’s Statement of Undisputed Material Facts in Support of Motion for Summary Judgment (19CECG03450) 1 17 On May 9, 2018, Rivera prepared, and caused to be mailed and stored, a 2 noncompliance correspondence to Edward’s attorney, James W. Vititoe 3 advising plaintiff that in order for a claim to be timely, the government claim must 4 comply with the requirements of Government Code sections 905.2, 5 subdivision (c), 910, and 910.2 and be presented within six months of the 6 original date of incident, in accordance with Government Code section 911.2. 7 (Rivera Decl. ¶7, Exh. A, AG000028; 8 RJN, Yengoyan Decl., Exh. B, AG000011.) 9 18 On May 9, 2018, or the next business day, GCP mailed the noncompliance 10 correspondence to Edward’s attorney, James W. Vititoe. 11 (Rivera Decl. ¶7.) 12 19 Plaintiff has not provided the statutory filing fee or fee waiver application to 13 GCP. 14 (Rivera Decl. ¶7.) 20 GCP has not received a request for a late 15 filed claim or any additional correspondence from plaintiff. 16 (Rivera Decl. ¶7.) 17 18 Dated: December 7, 2020 Respectfully Submitted, 19 XAVIER BECERRA Attorney General of California 20 PAMELA J. HOLMES Supervising Deputy Attorney General 21 22 23 DAVID YENGOYAN 24 Deputy Attorney General Attorneys for Defendant 25 Mark Angelo Rodriques (erroneously sued and served herein as 26 Mark Angelo Rodrigues) SA2020101141 27 95356743.docx 28 8 Defendant’s Statement of Undisputed Material Facts in Support of Motion for Summary Judgment (19CECG03450) DECLARATION OF SERVICE BY E-MAIL and U.S. Mail Case Name: Gary Wayn Edwards v. Mark Angelo Rodrigues No.: 19CECG03450 I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On December 8, 2020, I served the attached STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF DEFENDANT MARK ANGELO RODRIQUES by transmitting a true copy via electronic mail. In addition, Carol Borunda placed a true copy thereof enclosed in a sealed envelope, in the internal mail system of the Office of the Attorney General, addressed as follows: James W. Vititoe Vititoe Law Group 5707 Corsa Avenue, 2nd Floor Westlake Village, CA 91362 E-mail Address: jim@vititoe.com; jim@vititoelawgroup.com, melissa@vititoelawgroup.com Counsel for Plaintiff I declare under penalty of perjury under the laws of the State of California and the United States of America the foregoing is true and correct and that this declaration was executed on December 8, 2020, at Fresno, California. Jacquelyn Bennett Declarant Signature Carol Borunda /s/ Carol Borunda Declarant Signature SA2020101141 95369003.docx