CLAIM FOR MONEY OR DAMAGES r\eceiyeu WARNING liodesto CITY CLERK Be sure your claim is filed with the' -.. ment Code Section 910 et seq)

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1 TO: CITY CLERK CITY OF MODESTO PO Box 642 Modesto, CA ( Name of Claimant Jane Doe CLAIM FOR MONEY OR DAMAGES r\eceiyeu WARNING liodesto CITY CLERK Be sure your claim is filed with the' -.. after City Clerk date of nothe later incident. than 6 months (see GoVetr'f~ 1? MflR PH 2: I 7 ment Code Section 910 et seq Address: (Street 7050 N. Fresno Street, Suite 208 (City Fresno (State CA (Zip Code Claimant's Telephone (Home (Work ( (Other _ 4. Notices to be sent to: (if other than to above address a. Name: Law Office of Jacob J. Rivas Relation to Claimant _A_tt_o_m_e.... y b. Address (Street 7050 N. Fresno Street, Suite 208 (City Fresno (State CA (Zip Code _9_37_2_0 _ c. Telephone: (Home (Work ( (Other _ 5. Provide information in detail regarding the claim: a. What damages and/or injury did you suffer - describe in detail: Please see Attached Claim For Damages. b. Date Time Location c. How did damage and/or injury occur: d. State why you believe City is responsible or involved: e. Identify City employee(s causing damage or injury: _ f. Amounts claimed (personal injury: $ 4,000, (property damage $ _ (Attach supporting medical bills, invoices, repair estimates, etc 6. a. If your claim does not exceed $10,000 state the total amount claimed: _ b. If your claim exceeds $10,000 indicate whether your claim would be a limited civil case (if the amount claimed does not exceed $,000 it is treated as a limited civil case: The total claim does not exceed $,000 X The total claim exceeds $, List names, addresses, phone number of any witness: Jane Doe and Lee F. Gaines, II. Defendants are already in possession of the contact information of all other witnesses. 8. List names, address, hospital, clinics, physicians: _N_ot_a_V_aI_l_ab_l_e_a_t _th_is_t_im_e_. _ 9. List your insurance company, name address and payments made if any: Not applicable. Note: Presentation of a false claim is unlawful (Cal Penal Code See 72 03/05

2 Jacob J. Rivas, No LAW OFFICE OF JACOB J. RIVAS 2 II 7050 N. Fresno Street, Suite 208 Fresno, CA II Telephone: ( Facsimile: ( II jacob.rivas@att.net 5 II Attorney for: Jane Doe, Claimant SUPERIOR COURT OF CALIFORNIA COUNTY OF STANISLAUS Jane Doe, vs. Claimant, Lee F. Gaines, II, Modesto Police Department, and City of Modesto, Defendant. CLAIM FOR DAMAGES Claimant Jane Doe hereby submits this Claim For Damages by and through her attorneys of record as follows. PARTIES 1. Claimant is identified as Jane Doe for purposes of this claim and any subsequent civil litigation due to the sensitive and personal nature of the allegations outlined herein. Jane Doe's true identity is protected from disclosure by her right to privacy as articulated by the California Constitution, California Evidence Code, Federal Constitution, and other pertinent statutory and case authority. 2. Jane Doe was at all relevant times herein a resident of the City of Modesto, County of Stanislaus. LAW OFFICE OF JACOB J RIVAS 7050 N. Fresno St., Ste. 208 Fresno, CA 93720

3 3. Defendant Lee F. Gaines, II was at all relevant times herein a resident of the City of 2 II Modesto and employed as a police officer with the Modesto Police Department, a political subdivision 3 II within the City of Modesto The Modesto Police Department is a political subdivision within the City of Modesto. The City of Modesto is a local public entity as set forth under California Government 6 II Code 900A Defendants are legally responsible for the events and happenings referred to, and 8 II proximately caused the damages to Claimant as alleged herein Defendants were and/or are the agents and/or employees of each of the remaining 10 II Defendants, and were acting within the course and scope of said employment and/or agency in 11 II perfonnance of the acts herein alleged All acts perfonned herein by Defendants were perfonned under color of law and 13 II pursuant to their duties as law enforcement officials. 14 II FACTS On January 5, 2012 at approximately 9:30 p.m., Jane Doe received a telephone call 16 II from Defendant Lee F. Gaines, II stating that he desired to visit her at her residence. At approximately 17 II 10:45 p.m., Defendant arrived at Jane Doe's residence located in Modesto, CA Defendant Lee F. Gaines, II arrived at Jane Doe's residence in his department issued 19 II patrol vehicle wearing his law enforcement unifonn, including his department badge and fireann Upon arrival, Defendant Lee F. Gaines, II entered Jane Doe's residence without 21 II consent, and without probable cause placed her under arrest, handcuffing her hands behind her back As Jane Doe was in custody with her hands handcuffed behind her back, Defendant 23 II Lee F. Gaines, II forced Jane Doe to perfonn oral copulation on him. 13. Such sexual acts were involuntary, forcible, and perfonned under severe duress and II threat of grave bodily injury. LAW OFFICE OF JACOB J. RIVAS 7050 N. Fresno St., Sle. 208 Fresno, CA

4 1 14. In perfonning the above-described acts, Defendant Lee F. Gaines, II acted feloniously 2 II and violated California Penal Code 149, 3.4, and 8A. Defendant Lee F. Gaines, II is being 3 II prosecuted for the crimes enumerated herein under Stanislaus County Superior Court Case No. 4 II In perfonning the above-described acts, Defendant Lee F. Gaines, II violated Jane 6 II Doe's civil rights, including but not limited to, federal and state constitutional and statutory law. 7 II DAMAGEIINJURY As a proximate cause of the acts of Defendants, Jane Doe has experienced severe and 9 II extreme emotional distress and bodily injury As a proximate cause of the acts of Defendants, Jane Doe has suffered economic loss 11 II and non-economic loss As a further direct and legal cause of Defendant Lee F. Gaines, II's conduct, Jane Doe 13 II has been compelled to retain the services of counsel to protect and enforce Jane Doe's rights and, 14 II therefore, has incurred and continues to incur, attorney's fees, legal fees, expert fees and costs for 15 II which Jane Doe is entitled to reimbursement in an amount to be established at the time of trial. Jane 16 II Doe is entitled to reimbursement for attorney fees pursuant to applicable statutory provisions of the 17 II California Civil Code, California Code of Civil Procedure, and other relevant authority Defendant Lee F. Gaines, II's conduct was perfonned with malice and an intent to 19 II cause injury to Jane Doe. Furthennore, Defendant Lee F. Gaines, II's was despicable and in willful 20 II and knowing disregard of Jane Doe's rights and safety. Defendant Lee F. Gaines, II's conduct was 21 II despicable insofar as it was vile, base, and/or contemptible and would be looked down on and 22 II despised by reasonable people. As such, Jane Doe is entitled to punitive damages to be assessed 23 II against Defendant Lee F. Gaines, II..AW OFFICE OF IACOB 1 RIVAS 7050 N. Fresno St. St. 208 'resno. CA

5 20. Jane Doe hereby submits this Claim For Damages and claims $4,000, as 2 II damages for compensatory damages, including economic and non-economic loss, punitive damages, 3 II and attorney fees Dated: March, 2012 LA W OFFICE OF JACOB J. RIVAS ~~vas, y for plaintiff above-named AW OFFICE OF ACOB l RIVAS 1050 N. FrCYlO St, Stt 208 "osno. CA

6 PROOF OF SERVICE 2 II STATE OF CALIFORNIA, COUNTY OF FRESNO 3 II I am a resident of the county aforesaid; I am over the age of eighteen years and not a party to 4 II the within entitled action; my business address is 7050 N. Fresno Street, Suite 208, Fresno, CA II On March, 2012, I served the within CLAIM FOR DAMAGES on the interested parties 6 II in said action, as listed below: ATTORNEY: PARTY Lee F. Gaines, II, Modesto Police Department, and City of Modesto, Defendants [ ] [ ] [ ] [X] VIA FACSIMILE VIA EXPRESS MAIL BY MAIL - I am readily familiar with the firm's practice of collection and processing of documents for mailing. Under that practice, it would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at Fresno, California, in the ordinary course of business. I am aware on motion of the party served, service is presumed invalid if postal cancellation date of postage meter date is more than one day after date of deposit for mailing in affidavit. BY PERSONAL SERVICE - I caused such envelope to be delivered by hand to the offices of the addressee. I declare under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and if sworn as a witness I can competently testify to the foregoing of my own knowledge. Executed on March, 2012, at Fresno, California. -JAWf~-~-A-S "'- LAW OFFICE OF JACOB J RIVAS 7050 N Fresno St., Ste. 208 Fre,",o, CA 93720