Pierre Genevier
423 East 7th
Street (RM 528)
Los Angeles, CA 90014
Ph.: (213) 622-1508
Email:
pierre.genevier@laposte.net
Superior
Court of California
County
of Los Angeles
Pierre Genevier (Plaintiff) | Civil Action
VS |
No:_____________
| Complaint for money damages
| (Amount demanded = $2 840 000)
Los Angeles County |
Unlimited amount
(Defendant) | Jury Trial demanded
Introduction.
This
action arises out of some of Los
Angeles County’s employees gross negligence. The
cause of action brought is negligence.
Jurisdiction
1. The LA Superior court has jurisdiction
for common law tort complaint whose
facts took place in LA.
Parties
2. Plaintiff, Pierre
Genevier, who resides at 423 E 7th street (RM 528),
Los Angeles, CA 90014
Public
agency
3. Defendant, Los Angeles County: [500 West Temple street, Los Angeles CA
90012].
Los
Angeles County (LAC) employees mentioned
4. Defendant’s employee, Mr. Brice Yokomizo, Director of the
Los Angeles County Department of Public Social Services (DPSS). [PA: Department of Public Social
Services, 12860 Crossroads, Park Way south, City of Industry, CA 91746].
5. Defendant’s
employee, Mrs. Becerra, Director of Wilshire Special District (at the time of the facts).
[PA: DPSS Metro North
District, 2601 Wilshire Blvd, Los Angeles CA 90057].
6. Defendant’s
employee, Mr. Lemons, Supervisor at DPSS Metro North District. [PA: DPSS Metro North District, 2601
Wilshire Blvd, Los Angeles CA 90057].
7. Defendant’s employee, Mrs. Monique Nollner, Rancho Park
Deputy Director (at the time
of the facts). [PA:
Gain Program Division, 3220 Rosemead Bld, El Monte, CA 91731].
8. Defendant’s
employee, Mrs. Silvia Diaz, Director of the State Hearing unit. [PA: DPSS State Hearing Section, 3833 S.
Vermont Ave., Los Angeles CA 90037]
9. Defendant’s
employee, Mrs. Pauline Riley, DPSS compliance unit head (at the time of the
facts). [Retired, employer
(DPSS) refused to give her personal address].
10. Defendant’s
employee, Mrs. Roza Mirzoyan, DPSS eligibility worker (at the time of the facts).
[PA: DPSS Metro North
District, 2601 Wilshire Blvd, Los Angeles CA 90057].
11. Defendant’s
employee, Dr. Kathy Alston, doctor at Hubert Humphrey Health Center. [PA: Hubert Humphrey Health Center, 5850
S. Main Street, Los Angeles CA 90003]. [12-14 reserved]
Facts.
15. Plaintiff is a native citizen of France who
entered the United States on April 16, 2002, on the visa waiver program, and
then applied for political asylum to obtain the protection guaranteed to
refugees (and to obtain indirectly a legal decision from the US justice that
could help him to obtain justice against France).
Facts related to the delivery of social
services (refugee benefits RCA,)
From 9/5/02 to 2/4/03.
16. On September 5, 2002, plaintiff applied for
Los Angeles County General Relief benefits, and as part of the application, was
directed to the INS office to obtain a verification of his immigration
status. On the same day, satus
verifier, Mahoney, identified plaintiff as a ‘refugee’, which
entitled plaintiff to reside in the US for an indefinite period of time (exh.
1.1).
17. On September 25,
2002, plaintiff applied for Refugee Cash Assistance
benefits and his
application was approved effective the same day, but (a) certain
benefits associated with the refugee status were denied, (b) the DPSS
did not follow the procedure set up with the INS to ask and obtain the date the
refugee status was granted (form G845), (c) the cash benefit and medical
protection were eventually and incorrectly terminated 2 months later on
11/30/02, and (d) the DPSS pretended that plaintiff was not a refugee
anymore on 12/01/02 (exh. 2).
18. On November 14
2002, one day after several status verifiers confirmed verbally the validity of
the initial verification of status (exh. 1.1), plaintiff contested the denial
and early termination of the refugee benefits and soon after the allegations
concerning the termination of his refugee status in a request for hearing at
the administrative court.
19.On or about February 4 2003, administrative law
judge Tolentino rendered a decision mostly in plaintiff favor confirming
(certifying) his refugee status (exh. 3.1), and granting various additional
refugee benefits (cash benefits, housing assistance,). [The INS Refugee center also accepted
plaintiff documents (verification of status, administrative decision certifying
the refugee status,) as evidences of his refugee status, to issue a refugee (A03) employment
authorization card on December 15 2004 (exh.
1.2).]
Facts related to the compliance with
Judge Tolentino’s decision
from 02/04/03 to 08/25/03.
25. On or about March 1 2003, defendant (Los
Angeles County) DPSS
employees refused to
fully comply with judge Tolentino’s decision dated
February 4 2003 and
again pretended that plaintiff was not a refugee.
26. On or about March
2 2003, plaintiff filed a rehearing request at the
CA DSS rehearing unit
to ask for a confirmation that administrative law judge Tolentino’s decision
was correct when it certified plaintiff refugee status (and also to contest the
judge’s opinion on the opening of homeless letters issue). On April 17 2004, the rehearing unit
(defendant Campbell) confirmed that the administrative decision was conformed
to the law (exh. 3.2).
27. At the end of
March 2003, status verifier, Mahoney, issued –at the request of LA County DPSS,
it appears - an altered verification of status where the word ‘refugee’
had been erased and the employment authorization date had been added (exh. 4.4).
28. Between March 1
and May 02 2003, the DPSS issued 2 ‘late’ notices of action (compliance report,
exh. 4.1, 4.2) denying most of the benefits granted in Judge Tolentino’s
decision, refused to file a petition at the superior court as required by
law (ccp. 1094.5,), accepted and used
the altered verification of status to support its allegations that
plaintiff was not a refugee (viol. 18 USC 1546), and asked plaintiff to file a
new request for hearing on the same immigration status issue [which is forbidden
(MPP art. 22.078.31)].
29. On July 2 2003, defendant (Becerra, Wislshire Special
District Director)
terminated plaintiff
General Relief supposedly because he was not an ‘eligible alien’ (exh. 4.3).
Facts related to the opening and stealing
of letters at the DPSS and others difficulties with the DPSS from 09/05/02 to
04/31/05 and the health related problems.
30. From September
2002 to October 2003, the DPSS Civic Center opened and stole several of
plaintiff letters. According to the
clerk handing the letters to the homeless (and to what plaintiff could see), almost
all the homeless letters were opened.
31. In November 2002,
plaintiff complained about the opening and stealing
of his letters in his
request for hearing, but judge Tolentino refused to address this issue in his
02/04/03 decision because he thought he did not have any jurisdiction for this
problem (exh. 3.1).
32. From October 2003 to January 2005, the DPSS
Rancho Park District stole and delayed the delivery of several of plaintiff
letters. After plaintiff complained
about this problem, DPSS told plaintiff that they would investigate the
problem, but he never received any response concerning the investigation or any
apology.
33_In August 2004 plaintiff
GR was terminated on the computer, but no written explanation was given until
defendant (Yokomizo) pretended in January 05 that the GR computer termination
was due to the lack of recertification (plaintiff never received the
recertification document as the previous year and was not asked to fill them
out before August 24 2004).
34_ In November 2004,
defendant (Nollner) threatened plaintiff to terminate his GR if did not
participate in a vocational assessment although plaintiff job search plan had
been accepted by the Work Source; and although the DPSS contractor did not have
the competence to evaluate plaintiff qualification. She also threatened
plaintiff to deduct dollar for dollar the housing assistance the Work Source
started paying in 08/2004 (about $75/ month).
Plaintiff GR was eventually diminished by about $20 on January 2005.
35_ In January 2005,
defendant (Yokomizo) responded to plaintiff complaint letter, but he lied about
what happen at the Rancho Park district and ignored the important issues
addressed in plaintiff letters. Then on
January 27, 05, he used an inappropriate MPP regulation article to threaten
plaintiff and force him to participate in the vocational assessment.
36. In early March
2005, plaintiff became very sick and was put on disability by the DPSS Doctor,
but the GROW workers ignored this disability to try to force plaintiff to
attend a Grow appointment and try to terminate his GR for missing the
appointment. The problem was corrected
on April 28 2005 after Plaintiff wrote
several letters to the Board of supervisors and filed a criminal complaint to
the FBI, US Attorney ...
37. On July 5 2005,
defendant’s employee (Alston) misrepresented plaintiff serious symptoms, was
negligent and ignored his blood test results and the urgency of his situation
to prevent him from being treated rapidly by an appropriate doctor.
Facts related to the civil complaints
from 02/04/04 to 10/05/06.
38. On February 4
2004, plaintiff filed a complaint for damages (for intentional misrepresentations
and suppression of fact) at the LA Superior Court against the USCIS (or
DHS), the LA County DPSS, and the California Department of Social
Services.
39. The district court dismissed the claim for ‘Deceit,
misrepresentation, suppression of facts and punitive damage’ because of
immunity for misrepresentation [under GC 818.8 and 28 USC 2860 (h)] against the
LACDPSS on a FRCP 12 (6) motion to dismiss (not a summary judgment),
and against the DHS on a FRCP 12 (1) motion do dismiss. And because of the 11th
amendment against the DSS, the Appeal Court gave plaintiff the possibility to
re-file his complaint against the State of California at the State Court.
40. On October 19
2005, plaintiff filed a new complaint against the LA County for deprivation of civil rights and
negligence at the federal court, but the District Court dismissed the civil
rights claims and denied supplemental jurisdiction for the negligence cause of
action on December 28 2006.
Damage
41_ As a result of the
wrongdoings (described in the facts no 15-44 and explanations 45-54), plaintiff suffered the following prejudice
and injury:
(a) He
lost several months of basic social benefits necessary to survive (including
housing assistance, cash benefits, medical protection,); he was sent in the
street more than 17 times since 08/2002; he was forced to sleep in the street
and in indecent homeless shelters for many months [with a great risk of
catching the tuberculosis or other serious diseases, of being robed or even
being killed (plaintiff was threatened to be killed by another homeless for
refusing to buy a small bottle of water for 25 cents!)]; his food stamp were
unfairly terminated 3 weeks in September 2003; he lost $70 in September 2004
(because of the computer termination of his GR) and almost lost his room [the
rent was due on the 4th, the date he usually received his GR]; his
GR was unfairly diminished by about $21 in January 2005 [again the lowering of
plaintiff GR by about $21 created him great problems, particularly when at the
same time the Work Source stopped paying the housing assistance without notice
and valid reason in early February 2005(his GR is $220 and his rent is $260,
any GR decrease makes it difficult to stay in his room)];
(b) He had no place to cook and to store food
since 08/2002 and became sick regularly (he also started having chest pain and
frequent severe headaches and nausea in October 2004; he eventually was put on
disability from March 2005 to May 2007, his blood test pointed out obvious cardiovascular
problems and serious risks of heart attack, and he had great difficulties to see the doctors to be treated rapidly); he was unfairly threatened constantly
to see his benefits terminated (to be sent in the street) and to see his
refugee status changed, and constantly harassed while his case was pending at
the court. The resulting problems even continue today since the SSA
administration recently denied the SSI benefits to plaintiff, which is a direct
consequence of LA County negligence.
(c) These
various problems also made it impossible for plaintiff to find an appropriate
job and to resettle in the US, and forced him to complain over and over again
to try to clarify the situation (problems with his refugee status that is a
matter of life an death), to denounce the dishonest behavior of the different
civil servants, and to avoid being sent in the street [estimated damages: wages
loss $1 040
000, loss of years of life expectancy $780 000, and psychological damages $20
000]. Finally, he never obtained a
legal decision stating his grant of asylum that could have helped him to obtain
justice against France for the persecutions he suffered there (the estimated
damages he suffered in France is $1 000 000). [42-44 reser.].
Count
for negligence
(claim
filed on 9/19/05, see 53)
45. Plaintiff repeats and realleges and incorporates by
references the allegations in paragraphs 1 through 41 above with the same force
and effect as if herein set forth.
46. Defendant, Los Angeles County, owed a duty to obey legislative enactment [the Court in Ramos v. County of Madera (1971) 4 Cal. 3d 685, 94 Cal. Rptr. 421,
484 P 2d 93 found on page 696 that ‘(12) public entities have, inter alia, a mandatory duty to obey
legislatives enactment…’ in reference to the Welfare legislation], and
therefore has a mandatory duty to deliver honestly and promptly all
social services or benefits to eligible clients and to follow the procedures as described in the
MPP (and of course not to violate civil
and criminal statutes).
The DPSS was created for this purpose (helping
the poor), and the County health facilities to treat patient honestly. GC 815.6 makes the LA County directly liable for negligence
(violation of enactments,); and GC 815.2 and CC 1714 (a) make the LA County vicariously liable for the negligence of its employees.
47. Defendant (Los Angeles County) employees owed a duty to
act according to the standard of ordinary care [civ. Code 1714 (a) (applying to
anyone including immigration employees, social workers)], LA county managers
owed a duty to supervise and control the work of its employees, and to conduct
proper investigations on its employees obvious wrongdoings.
48_ The California Supreme Court identified a number of
factors that courts should consider in determining whether or not an exception
to the general duty to exercise ordinary care [Civ. Code 1714 (a)] should be
made, and here the facts described in the complaint clearly confirm that this
case is not an exception since they confirm the existence of defendants duty (16).
(16) (a) The forseability of harm to plaintiff was
obvious; not only the refugee status is matter of life and death, but it
creates an entitlement (right) for with the most basic social benefits
necessary to survive, so it was obvious that by depriving plaintiff of
these basics benefits he would be (physically) hurt and put in extremely
difficult situation even a life threatening situation after the many years of
persecution he suffered.
(b) The degree of certainty that plaintiff has been injured is
also obvious; plaintiff has been sent in the street more than 16 times since
09/02, was forced to sleep in the street or in indecent shelters for months,
could not find an appropriate job and became sick regularly, and the SSI
benefits are now denied also because of the negligence.
(c ) The connection between the defendants conduct and the injury
suffered is also obvious since the lies on plaintiff status, the violation of
the regulation and state and federal statute resulted in the termination of
plaintiff benefits and created all plaintiff difficulties;
(d) The moral blame attached to defendant conduct is also
obvious since it is defendants’ responsibility to prevent such problem. The
regulations were made precisely to prevent these problems. And here there was an obvious intent to
deceive plaintiff and to harm injured him in his ‘business’ (life),
their conduct was despicable and must be discouraged.
(e) It is important to try to prevent future similar harm by
pointing out of defendants obvious violations of laws and regulation.
(f) The extend of the burden on the defendants caused by the
imposition of a duty to exercise care is insignificant because again the
regulations were made to prevent these problems and it is the role of the USCIS
and the DPSS to follow these regulation and to respect the law.
49. Defendant’s presumption of negligence arises mostly out
of violations of statutes (violation of the MPP regulations and procedures and
state and federal statutes). Moreover, the harm resulted from types of
occurrences these statutes were designed to prevent, and plaintiff was a
member of class (poor, refugees,) these statutes were designed to protect
(so GC 815.6 applies here also).
50_ Defendant (Los Angeles County)
employees constantly and repeatedly violated articles described in the MPP
regulation and federal statues, and refused to follow the MPP and civ. code
procedures:
(a) They did not follow the procedure requiring them to ask the
INS status verifiers office for the date the refugee status was granted (form
G845).
(b) They did not pay the appropriate number of months of RCA
benefits as Judge Tolentino pointed out. And after the volag refused to give
the housing assistance it should have given according to MPP art. 69.203.01,
they did not correct the problem as they should have done according to MPP.
Art. 69.203.27 and 28 (and to the judge decision).
(c) They did not issue the compliance report within the 30 days limit period (violation of
MPP art. 22.078.2), and did not fully comply with the decision (viol. MPP art.
22.069.123).
(d) They did not point out on their compliance report that
plaintiff had the possibility to complain about the compliance at the CADSS if
he did not agree (violation of MPP art. 22.078.22).
(e) They refused to follow the appropriate procedure to
criticize judge Tolentino ‘s decision (violation of code of civil procedure
1094.5) and asked plaintiff to file a new complaint on a compliance issue which
is in violation of MPP 22.078.31). And therefore they obstructed justice in an
administrative and immigration proceeding (viol. PC 182, 18 USC 1512).
(f) They accepted and used an altered verification knowing it
to be altered (viol. 18 USC 1546); and misrepresented plaintiff immigration
status and various facts (viol. GC822.2).
(g) They incorrectly pretended that the Work Source payments
(for housing assistance) should be deducted dollars for dollars and did
manipulate the computer to deduct about $20 from 01 to 03/05 although the
regulation explains that these payments should not be counted as income and not
deducted (violation of MPP art. 44-111.454).
(h) They used an inappropriate regulation article (41-414.2)
and threatened plaintiff to force him to attend the vocational assessment
(degrading treatment).
(i) They violated criminal statutes (18 USC 1702, 03 and 08)
when they opened (or delay of the delivery of letters), or stole plaintiff and
other homeless letters.
(j) Dr. Alston misrepresented plaintiff symptoms and reasons
for coming for a consultation when she stated that he came for headaches to
prevent him from being treated rapidly by an appropriate doctor for his
cardiovascular problems.
(k) They threatened and harassed plaintiff constantly while his
case was pending at the civil court (viol. 18 USC 1513), and this with the
total support of the LA County management (Legal Department, Board of
Supervisor,).
(l) Yokomizo neglected to prevent the wrongdoings and
deprivation of civil rights (viol. 42 USC 1986).
51. As the result of those breaches and negligence
from defendant, LA County, which were the proximate causes of Pierre Genevier
harm and damages, the plaintiff suffered a grave prejudice see no 41.
52. This action for negligence is timely for the
following reasons:
(a)
According
to the discovery rule, the 2 years statute of limitation [code civ proc. 335.1]
accrues when plaintiff is aware of the critical facts; here the critical facts
are (for the early wrongdoings related to the administrative decision) the
final status (for res juridicata purpose) of
the administrative decision February 2004 (less than 2 years before
October 2005) [see. California Forms of Pleading and Practice
section 474.15 or page 474.38.12 (6): ‘An
agency decision is not final for purpose of res juridicata and collateral
estoppel until the statute of limitations for filing judicial
challenges to the decision has expired (Long Beach
unified school dist. V. State of California (1990) 225 Cal. App. 3d 155, 170,
275 Cal. Rptr. 449)] or
even the issuance by the INS Nebraska
refugee center of plaintiff refugee employment authorization card in
December 15 2004;
(b) the ‘continuing violation theory’ allows plaintiff to
seek relief for event outside of the limitation period (recent wrongdoings at the Rancho
Park District were clearly
the continuation of earlier ones at the end of 2002); moreover, as the
result of the problems described here, plaintiff continues to have difficulties
to obtain the SSI disability benefits;
(c) 28 USC 1367 giving
supplemental jurisdiction to federal court also tolls the period of limitation
during which the federal court review the case [28
USC 1367: ‘(d)
The period of limitations for any claim asserted under
subsection (a), and for any other claim in the same action that is voluntarily
dismissed at the same time as or after the dismissal of the claim under
subsection (a), shall be tolled while the claim is pending and for a period of
30 days after it is dismissed unless State law provides for a longer tolling
period.]. The District court denied supplemental
jurisdiction and authorized the re-filing of this complaint on December 28
2006.
(d)Collateral
estoppel theory tolls the statute of limitation during plaintiff disability (plaintiff
was put on disability from June 2004 to October 2004 after he was ran into by a
car, and from March 2005 to May 2007 for cardiovascular and various other
problems).
53. Plaintiff filed a claim on
9-19-05 at the Los Angeles County that was denied by the LA County 9-29-05 and
by the county’s legal adviser and claim administrator (Carl Warren firm) on
11-22-05.
Wherefore, plaintiff
prays judgment for negligence against Los Angeles County: 1) for general damages (wage losses,) in
the sum of $ 1 040 000 increasing by
$20 000 (- any benefit or salary plaintiff may receive) every month until the
dispute is resolved; 2) for special damages for loss of earning capacity, loss
of years of life expectancy, and psychological damage in the sum of $1 800 000;
3) for Cost of suits incurred herein; or such other and further relief as the
court may deem proper.
Dated: January , 2007
By:______________
Pierre
Genevier
Exhibits. (17 pages)
Exh. 1: Verification of status listing the
plaintiff as a refugee (1.1, 1 page double sided, 2 pages), refugee employment
authorization card issued on December 15 2004 (1.2, 1 p). Exh. 2: note
from Mr. Lemons dated December 2 2002 (2.3,1 p.). Exh. 3: Decision
of Judge Tolentino dated February 5 2003 (3.1, 6 p.), rehearing unit decision
dated April 17 2003 (3.2, 1 p.). Exh.
4: Notice of action dated 03/13/03
(4.1, 1 p.), notice of action dated 04/02/03 (4.2, 1 p.), notice of action
terminating GR (4.3, 1 p.), altered verification of status sent at the end of
March (4.4, 3 p.).