4409793 Complaint for Damages and Injunctive and Declaratory Relief for Failure to Maintain Records...

8/6/2019 4409793 Complaint for Damages and Injunctive and Declaratory Relief for Failure to Maintain Records Properly Aga

1/30

COMPLAINT FOR GOVERNMENT RECORDS VIOLATION PAGE 1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

James Alan Bush1211 East Santa Clara Avenue #4

San Jose, CA 95116(408) 217-8282theodore _ [email protected]

Plaintiff in propia persona

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SANTA CLARA

CIVIL DIVISION

COMPLAINT FOR DAMAGES ANDINJUNCTIVE AND DECLARATORY RELIEFFOR FAILURE TO MAINTAIN RECORDS

PROPERLY

[Civ. Code 1798.45(b), (c),

Civ. Code 1798.18]

[Limited Civil Case (under $10,000)]

))))

))

))

)))

))

James Alan Bush,

Plaintiff,

v.

Stuart Glasgow, SunnvyaleDepartment of Public Safety,

Defendants.__________________________________

PRELIMINARY STATEMENT

Plaintiff brings this civil action, pursuant to Civ. Code

1798.45(b), (c), for injunctive1 and declaratory2 relief and damages,

against, Defendant, Sunnyvale Department of Public Safety3, for

improper maintenance of records containing information concerning the

investigation, and theft of, Plaintiffs car, as well as the description


2/30


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

of events and circumstances surrounding the theft, which occurred on

July 9th, 2006.

JURISDICTION AND VENUE

Jurisdiction is conferred upon this court pursuant to Section

1798.49 of the California Civil Code, which states that an action

to enforce any liability created under Sections 1798.45 to 1798.48,

inclusive, may be brought in any court of competent jurisdiction in the

county in which the complainant resides, or in which the defendants

records are situated, within two years from the date on which the cause

of action arises, except that where a defendant has materially and

willfully misrepresented any information required under this section

to be disclosed to an individual who is the subject of the information

and the information so misrepresented is material to the establishment

of the defendants liability to that individual under this section, the

action may be brought at any time within two years after discovery by

the complainant of the misrepresentation.

PARTIES

1. Plaintiff is an individual, as defined in Civ. Code 1798.3(d), and

is therefore lawfully entitled to bring this cause of action for

improper maintenance records pursuant to Civ. Code 1798.45(b), (c).

Plaintiff, at all times mentioned herein, was a resident of the City

of Sunnyvale, County of Santa Clara, State of California, residing

at 1220 Tasman Drive SPC 379.

2. Defendant, Sunnyvale Department of Public Safety (SDPS), is a


3/30


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

law enforcement agency, charged with the enforcement of law and

order in the City of Sunnyvale, County of Santa Clara, State of

California.

3. Defendant, Stuart Glasgow (Badge No. 12584), at all times mentioned

herein, was a law enforcement officer, employed by the Sunnyvale

Department of Public Safety; Defendant Glasgow wrote Incident

Report Nos. 06-6107 and 06-6064.

FACTUAL ALLEGATIONS

4. Defendant SDPS maintains Report No. 06-6107, which contains

falsehoods and mischaracterizations of true facts, and grossly

misrepresents the events, relationships, and circumstances, in

which the report describes [Civ. Code 1798.18, 1798.45(b)]. This

record contains the following erroneous information concerning the

theft of plaintiffs car:

ODOMETER READING: 35K+BODY TYPE: 2 DR

DATE/TIME OF REPORT: 6/12/06 2000DATE/TIME OF OCCURRENCE: 6/08/06 0200

DATE/TIME REPORTED: 6/13/06 1326

LAST DRIVER OF VEHICLE: JOSHUA KOPPENHAVERDATE/TIME: 6/7/06 2200

On 6/7/06 @ approx 2200 the RP Bush allowed his friendKoppenhaver to borrow his car. Koppenhaver never returned it.Bush attempted to call Koppenhaver w/ neg. results and finally

spoke w/ him on 6/12/06. [illegible] Koppenhaver stated hefell asleep and forgot. The vehicle was towed.

RECENTLY LEFT IN PARKING GARAGE OR PARKING VALET SERVICE?No

A copy of this report is attached hereto as Exhibit A, and is


4/30


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

made a part hereof.

5. This purported information concerning the auto theft contained in

Defendant SDPS records is inaccurate and incomplete, in that:

The odometer read less than 32,000 miles. A copy of a receipt for an

oil change, in which the odometer reading is recorded, is attached

hereto as Exhibit B, and made a part hereof.

The car has four doors.

Plaintiff reported his vehicle stolen on June 9th, 2006, and every

day until June 12th, 2006, when he was approached by Defendant

Glasgow at his residence. A copy of OnStar call logs are attached

hereto as Exhibit C, and made a part hereof.

Report No. 06-6107 states that Plaintiffs car was recovered on June

12th, 2006; however, Report No. 06-6064 states that it was found on

June 11th, 2006.

The last driver of the car could have also been Defendant, Jonathan

Harrington, who was seen driving Plaintiffs vehicle by three

eyewitnesses. The recorded statements of two eyewitnesses, Vanessa

Cortez and Mike Monery, are transcribed and are attached hereto as

Exhibits D and E, and are made a part hereof.

Defendant Harrington is not listed as an accomplice, although

two recorded telephone conversations between Defendant, Joshua

Koppenhaver and the aforementioned defendant, which occurred the

day Plaintiffs car was stolen (June 9th, 2006) confirm this. The

recordings are transcribed and are attached hereto as Exhibits F

and G, and are made a part hereof.

Plaintiffs car was left in a parking garage while stolen. A copy of


5/30


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

the receipt is attached as Exhibit H, and is made a part hereof.

6. Defendant SDPS also maintains Report No. 06-6064, which contains

falsehoods and mischaracterizations of true facts, and grossly

misrepresents the events, relationships, and circumstances, in

which the report describes [Civ. Code 1798.18, 1798.45(b)]. This

record contains the following erroneous information concerning the

investigation of the theft of plaintiffs car:

I had prior knowledge of James Bush from 1220 Tasman inSunnyvale from end of watch reports as a methamphetamineuser who has numerous arrests involving drugs at his mobile

home.

I opened the trunk of the car and found a Dell desk topcomputer...

On 6-12-06 CSI Smart and I went to 1220 Tasman space 379 toask him why there was stolen property in the trunk of his

car. Bush answered the door and was cooperative.

Bush said he was told by a friend that Josh Koppenhaver andJohn Harrington were seen in the car on 6-8-06. Bush said his

bank card was in the car when Koppenhaver took it and thecard has been used numerous times without his permission.

Bush has since cancelled the card to prevent further use. Iasked Bush if he had any roommates or friends in the home.

Bush said he kicked all of the roommates and his friends thatwere staying at the home out and he was now living alone.Bush has cleaned out all of the guest rooms.

Bush said his bank card was in the car when Koppenhaver tookit.

I asked Bush who he thought might be in the car withKoppenhaver. Bush said John Harrington...

Harringtons mother Patricia Harringtons phone number is 408

849-7963.

On 6-13-06 Bush reported his car stolen (CR06-06107).

A copy of this report is attached hereto as Exhibit I, and is

made a part hereof.


6/30


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

7. Plaintiff contradicts the defendants account of events with these

facts:

Plaintiff was not arrested numerous times for drug-related

offenses.

The trunk of plaintiffs car cannot be opened without the remote

unlock device; there is no internal mechanism for accessing the

trunk.

In addition to the three eyewitnesses who saw Defendant Harrington

driving Plaintiffs car, Plaintiff made available to Defendant,

Sunnyvale Department of Public Safety, two recorded telephone

conversations, in which Defendant Koppenhaver and Defendant

Harrington discuss their plan to steal Plaintiffs car and his

debit card. Plaintiff also provided recordings of his conversations

with Defendant Koppenhaver, and of voice messages to he left for

the plaintiff on June 9th, 2006. Transcripts of the recordings are

attached as Exhibits J, K, and L are attached hereto, and are

made a part hereof.

Not only was Defendant Harrington an accomplice in the theft of

plaintiffs car; but, he also used the car in an extortion plot, in

order to keep the plaintiff from reporting Defendant Harringtons

crimes against him. Recordings of the conversations between

Plaintiff and Defendant Harrington, in which Plaintiff was extorted,

were provided to Defendant, Sunnyvale Department of Public Safety,

on June 9th, 2006. Transcripts of the recordings are attached hereto

as Exhibits M, N, O, P, Q, R, S, T, and U, and are

made a part hereof.


7/30


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

Plaintiff did not state that his debit card was in his car when

stolen by Defendant Koppenhaver. In fact, on June 9th, 2006,

Plaintiff provided Defendant SDPS with a recorded telephone

conversation between Defendant Koppenhaver and Defendant

Harrington, in which they discuss taking it from Plaintiffs wallet.

Also, Plaintiff explicitly stated that Defendant Koppenhaver stole

his debit card and withdrew nearly $1,200.

Plaintiff specifically identified Defendant Harrington as an

accomplice to the auto theft, and reminded Defendant Glasgow of

the recorded telephone conversations Plaintiff gave him on June 9th

,

2006, as evidence of this.

Patricia Harrington was identified to Plaintiff as Defendant

Harringtons wife, not his mother.

Plaintiff reported his car stolen on June 9th, June 10th, June 11th,

and June 12th, 2006. It was not until June 12th, 2006, that Defendant

Glasgow acknowledged the theft in a telephone message to Plaintiff.

A transcript of the telephone message is attached hereto as Exhibit

V, and made a part hereof.

Defendant Glasgow spoke with Defendant Koppenhaver at the residence

where Plaintiffs car was recovered; and, upon information and

belief, Defendant Glasgow knew Defendant Koppenhaver prior to their

encounter on June 12th, 2006. Defendant Koppenhaver recounted his

conversation with Defendant Glasgow to Plaintiff in a telephone

conversation on the same day. A transcription is attached hereto as

Exhibit W, and is made a part hereof.

Defendant Glasgow failed to report that Defendant Koppenhaver


8/30


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

admitted to using Plaintiffs debit card numerous times while it

was in his possession during the telephone conversation Defendant

Glasgow monitored on June 12th, 2006; moreover, he did not charge

Defendant Koppenhaver with identity theft or robbery.

Defendant Glasgows explanation for locating Plaintiffs car is

untenable, as it is unlikely that someone called Defendant SDPS to

complain about a car parked in their neighbors driveway (assuming

plaintiffs car was parked in a driveway).

Plaintiff did not regard anyone who occupied his home as roommates

or friends. In fact, Plaintiff asked Defendant SDPS to remove

unwelcome guests from his home on multiple occassions. Plaintiff

provided the defendants with an extensive and detailed account

of the crimes committed against him by others, which also

included photographs and audio recordings, to substantiate his

claim. Regardless, maintenance of information on First Amendment

activities, and in particular, how Plaintiff exercises his right to

freedom of association, is prohibited in state agency records under

California law.

8. Plaintiff did not discover these errors and omissions until

July 29th, 2008, when Defendant SDPS acquiesced to Plaintiffs second

request for a copy of Report No. 06-6064. Plaintiff originally

requested this report in October 2006; however, he was only given a

partial report, a copy of which is attached hereto as Exhibit X,

and is made a part hereof.

9. Plaintiff has not yet requested Defendant SDPS to include an

amendment to the report, and to correct the aforementioned errors;


9/30


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

nor has Plaintiff requested to include a statement of disagreement

in the report, a right afforded him under Civ. Code 1798.35,

1798.36.

10. The records are maintained by Defendant SDPS with such reckless

disregard and carelessness as to its truth or falsity as to

indicate an utter disregard of the rights of Plaintiff.

11. The consequences of defendants failure to properly maintain records

precluded Plaintiff from seeking justice for the criminal conduct

by which he was victimized [Civ. Code 1798.18].

12. The manner in which Defendant SDPS maintained its records

containing information concerning the auto theft was maliciously,

negligently, and inexcusably intended to obfuscate the fact that the

defendants refused Plaintiff equal protection to the laws [Civ. Code

1798.18], and attempted to implicate Plaintiff in a robbery.

13. Plaintiff was deprived of the use of his only means of

transportation for one-and-a-half months, and Plaintiff spent over

$1,000 in insurance premiums for repairs ($500 for the vandalism

to Plaintiffs car, which occurred on June 8th, 2006; and, $500 for

the repairs to the damage caused by Defendants Harrington and

Koppenhaver while Plaintiffs car was stolen).

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants for:

1. A declaration of fact to resolve the dispute between parties in

regards to the statements in controversy; and, for an injunction,

ordering the defendants to correct inaccuracies and omissions in


10/30


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

the reports [Civ. Code 1798.35, 1798.36];

2. An injunction, ordering the inclusion of relevant facts that were

omitted from the report;

3. For the cost of towing and storage, plus damages, in the amount of

$300;

4. For the cost of repairs to the vehicle, and damages for its loss of

use, in the amount of $3,000; and,

5. The costs of the suit herein, plus reasonable attorneys fees;

and, for damages according to proof, as determined by the court

[Civ. Code 1798.48].

VERIFICATION

I, James Alan Bush, Plaintiff in the above-entitled action, have

read the foregoing and know the contents thereof. The same is true of

my own knowledge, except as to those matters that are therein alleged

on information and belief; and, as to those matters, I believe it to be

true.

I declare under penalty of perjury that the foregoing is true and

correct and that this declaration was executed in San Jose, California.

Plaintiff: Dated:


11/30

MEMORANDUM OF POINTS AND AUTHORITIES PAGE 11

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26






CIVIL DIVISION

MEMORANDUM OF POINTS ANDAUTHORITIES IN SUPPORT OF

PLAINTIFFS COMPLAINT FOR DAMAGESAND INJUNCTIVE AND DECLARATORY

RELIEF FOR FAILURE TO MAINTAINRECORDS PROPERLY

[Cal. Rules of Ct., Rule 313]

))))

))

))

)))

))

James Alan Bush,

Plaintiff,

v.


Defendants.__________________________________

MEMORANDUM OF POINTS AND AUTHORITIES

Under California law:

An action against a state agency brought pursuant to Civ. Code

1798.18, 1798.45(b), (c), 1798.48 for failure to properly maintain records

may be brought within two years from the date on which the cause of

action arises, except that when a defendant has materially and willfully


12/30


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

misrepresented any information required under Civ. Code 1798.49 to be

disclosed to an individual who is the subject of the information and

the information so misrepresented is material to the establishment of

the agencys liability to that individual under Civ. Code 1798.49, the

action may be brought at any time within two years after discovery by

the complainant of the misrepresentation [see Civ. Code l798.49].

CASE LAW

I. PLAINTIFF IS ENTITLED TO DAMAGES BECAUSE DEFENDANTS HAVE FAILED TO

PROPERLY MAINTAIN ITS RECORDS WHICH CONTAIN INFORMATION CONCERNING

THE PLAINTIFF.

A. Agencys Duty to Properly Maintain Records. Each agency shall

maintain all records, to the maximum extent possible, with

accuracy, relevance, timeliness, and completeness when the

records are used to make any determination about the individual

[Civ. Code 1798.18].

B. Only Relevant Information May Be Maintained. Each agency

shall maintain in its records only personal information that

is relevant and necessary to accomplish a purpose of the

agency required or authorized by the California Constitution

or statute, or mandated by the federal government [Civ. Code

1798.14].

C. Damages for Improper Maintenance. In any suit brought

for failure to properly maintain information used in a

determination or other violation of the Information Practices

Act (Civ. Code 1798-1798.78), the agency shall be liable to


13/30


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

the individual for the sum of actual damages sustained by the

individual, including damages for mental suffering, and the

costs of the action together with reasonable attorneys fees as

determined by the court (Civ. Code 1798.48).

II. THE DEFENDANT AGENCY IS MAINTAINING INFORMATION IN ITS RECORDS

DESCRIBING PLAINTIFFS ACTIVITIES IN THE EXERCISE OF HIS RIGHTS

GUARANTEED BY THE FIRST AMENDMENT, IN VIOLATION OF 5 U.S.C.S.

552a(e)(7).

A. Maintenance of Information on First Amendment Activities

Prohibited. An agency that maintains a system of records shall

maintain no record describing how any individual exercises

rights guaranteed by the First Amendment unless expressly

authorized by statute or by the individual about whom the

record is maintained or unless pertinent to and within the

scope of an authorized law enforcement activity (see 5 U.S.C.S.

552a(e)(7)).

B. Detrimental Effect on Plaintiff. Allegation of a system

of independently unlawful intrusions, accumulation and

dissemination of inaccurate information, damage to reputation

and business are sufficient to establish that the defendants

conduct had a detrimental effect on the plaintiff, so that a

civil action regarding violation of 5 U.S.C.S. 552a(e)(7) may

be maintained (Jabara v. Kelley (E.D. Mich. 1979) 476 F. Supp.

561, 568, 580, revd on other grounds, Jabara v. Webster (6th

Cir. 1982) 691 F.2d 272, 280).

III. THE COURT SHOULD ORDER DEFENDANT TO AMEND ITS RECORDS CONCERNING


14/30


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

PLAINTIFF AS PLAINTIFF HAS REQUESTED OR TO INCLUDE PLAINTIFFS

STATEMENT OF DISAGREEMENT WITH THE RECORDS WITHIN THE RECORDS

IN QUESTION BECAUSE PLAINTIFF IS ENTITLED TO SUCH AMENDMENT OR

INCLUSION OF A STATEMENT UNDER THE INFORMATION PRACTICES ACT OF

1977.

A. Request for Amendment of Record. Each agency must permit an

individual to request in writing an amendment of a record

and shall within 30 days of receipt of such request make

each comtion in accordance with the individuals request,

of any portion of a record that the individual believes is

not accurate, relevant, timely, or complete, and inform the

individual of the corrections made; or inform the individual

of its reason for refusing to amend the record, and provide

the individual with an opportunity to request review of

the refusal. If, after review, the agency makes a final

determination not to make the requested amendment, the agency

shall permit the individual to file with the record a statement

of disagreement and shall on any subsequent disclosure clearly

note the disputed portion of the record, and make available

to any receiving party both the individuals statement of

disagreement and its own statement of its reasons for refusing

to make the amendment (see Civ. Code 1798.35-1798.37).

B. Relief by Writ of Mandate for Abuse of Discretion. A writ of

mandate issued persuant to Code Civ. Proc. 1085, 1086 is

proper to control abuse of discretion by an administrative

agency (Manjares v. Newton (1966) 64 W. 2d 365, 370, 49 Cal.


15/30


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

Rptr. 805, 411 P.2d 901; see Code Civ. Proc. 1085, 1086).

C. Injunction Against Agency. Any agency that fails to comply with

any provision of the Information Practices Act of 1977 (Civ.

Code 1798-1798.78) may be enjoined by any court of competent

jurisdiction. The court may make such judgment or order as is

necessary to prevent the use of or employment by an agency of

any practices that violate the Information Practices Act of

1977. Actions for injunction may be brought by any individual

acting in his or her own behalf (Civ. Code 1798.47).

D. Amendment Is Proper Remedy for Improperly Maintained Records.

Although an agency is not required to amend its records merely

because an individual requests it, an agency my be compelled to

amend records used as a basis of a determination concerning the

&e&d individual, including information that is not maintained

with such accuracy, relevance, timeliness, and completeness as

is reasonably necessary to assure fairness to the individual in

making the determination [see Savarese v. United States Dept of

Health, Educ. & Welfare (N.D. Ga. 1979) 479 F. Supp. 304, 306-307,

affd, (5th Cir. 1980) 620 F.2d 298)]. The provisions of the

Privacy Act interpreted by Savarese are comparable to analogous

provisions of the Information Practices Act [(compare 5 U.S.C.S.

552a(d)(2), (3) (amendment), (e)(5) (improper maintenance)

with Civ. Code 1798.18 (improper maintenance), 1798.35-1798.37

(amendment)].

Plaintiff: Dated:


16/30

EXHIBIT A PAGE 16

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26






CIVIL DIVISION

EXHIBIT A

SUNNYVALE DEPARTMENT OF PUBLICSAFETY REPORT NO. 06-6107

))))

))

))

)))

))

James Alan Bush,

Plaintiff,

v.


Defendants.__________________________________

EXHIBIT A

Plaintiff hereby submits Exhibit A, a copy of Sunnyvale Department

of Public Safety Report No. 06-6107, written on July 13th, 2006, by

Defendant, Stuart Glasgow.

Plaintiff: Dated:


17/30

EXHIBIT A PAGE 17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26


18/30

EXHIBIT A PAGE 18

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26


19/30

EXHIBIT A PAGE 19

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26


20/30

EXHIBIT A PAGE 20

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26


21/30


22/30

EXHIBIT B PAGE 22

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26






CIVIL DIVISION

EXHIBIT B

SUNNYVALE DEPARTMENT OF PUBLICSAFETY REPORT NO. 06-6064

))))

))

))

)))

))

James Alan Bush,

Plaintiff,

v.


Defendants.__________________________________

EXHIBIT B

Plaintiff hereby submits Exhibit B, a copy of Sunnyvale

Department of Public Safety Incident Report No. 06-6064, written on

July 13th, 2006, by Defendant, Stuart Glasgow.

Plaintiff: Dated:


23/30

EXHIBIT B PAGE 23

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

Incident Report

Sunnyvale Police DepartmentAddress

700 All America WayCity, State Zip Code

SUNNYVALE, CA 94086

066064Supplement No

ORIG

Reported Date

06/11/2006Nature of Call

496Officer

GLASGOW, STUARTPhone Number

(408)730-7100Fax Number

(408)730-7705

Administrative Information. Agency

ISunnyvalei Incident No

10616202081-:----

: Location

I Report No

Police Department ,06-60641 Status

jA-PI POLICE INVESTIGATIONS

I Supplement No Reported Date ----I Reported Time -I -- ------,, ORIG 06/11/2006, 17:19 I

I

Nature of Call

496 PC STOLEN PROPERTY I

1 ~~ALE I ;e~01,1 ;---~ T;e, ! Ben=~I I

! Approval Date I

~/13/2006

, Approving Supervisor

13536/LOCKE, RON

389 S PASTORIA AVFrom Dale I From Time I Officer

'06/11/2006 17:20 :12584/GLASGOW, STUARTAssignment' I Entered by II RMS Transfer

PATROL TEAM A SQUAD ~ 14243 Successful

-- IApproval 1 ,",y23:23:41

Lalenl-Prin~t~'-----

LX

I Property Report

IX

Evidence

X

~~nsel~ff~~~ 6~ , Invl : Invl No

OTH 1--,-,-

Invl IIlVII'W

Invl i Invl No

VIC'2-----'--ln vl I ln vl No

~-y~I lnvl i Invl No!VICI4.U ...

Summa Narrative

Invl I TypeRCV,l

I

License No

5DLG2981

- Year

2004I

M,ke

PONTI

Color

BLK

PLED:

CSI Smart - Evidence Collection / Report.PSO Choi - Fill Officer / No Report.PSO Wilson - Fill Officer / No Report.PSO Prange - Fill Officer / No Report.

Sunnyvale Public SafetyCONTROllED DOCUMENT

NOT TO BE DUPLICATEDSummary:

On 6-11-06 at 1719 hrs, Officers responded to 389 Pastoria for a disturbance call. Furtherinvestigation revealed a car was illegally parked in the driveway of the address blocking in the

i Report Officer I Printed AI I:12584/GLASGOW, STUART ,08/09{2006 16 :46 Page I of 7


24/30

EXHIBIT B PAGE 24

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

Incident Report

Sunnyvale Police Department066064

Supplement No

ORIG

SummalY Narrativeresidents car. At the resident's request, the car was towed away from the scene per 22651 (d)CVC. An inventory search of the car revealed several items of property that was reportedstolen. The owner of the towed vehicle reported it stolen the next day. Several possible

suspects were identified. No arrests have been made yet. The case was referred toinvestigations for follow-up.

~'~o;~c/'GLASGOW, STUART 1-=~-="~:,t/,---=-0-,-9-,-/-=2=-0=-=--=--=-=-=--=-: __ ----,


25/30

EXHIBIT B PAGE 25

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

066064Supplement No

ORIG

; Type I Address[!lOME,I ZIP Code

-

Type ~---~---":'I :;'O~N::o::--------------,';'O::'L':;S~-----i',-------------------.,OPERATOR LICENSE IType

C''''''''T71.T C''Q''TTRITYNUMBER

jCity

---I------______.r---"- '-"

.... 1:II~ 1'!.l ..

~llnVI No I Type ---j Name

'SUSPECT ,1 _!Individual :KOPPENHAVER,JOSHUA ,-- . , .... _._ 1'_'__ I'

. Date of Birth i Age 1 Juvenile? ! H ei gh t ~ W ei gh t I Hair Color! I'09/11/1987118 No 16'01" 130# BLONDE/STRAWBERRY

Type Address - --I City I Stale

HOME 683 SALBERG SANTA CLARA 'CALIFORNIA-ZIP Code ~---T ---- ._~-_

,95051

~[invi No i Type

UT"'T'T'M' (T'l~ \ '"'J I T _. .. J. .! _ _ . .! ..1ut=ll I .TORDAN,ROBERT WILLI AM LEE SR----

I A : -'::;1"1,,,

!-Z"IP""COOo"d", -

-

Type~-_"':'---"'I':':IO':"N:::O~-----------i[~ro:iLs~-----i""1OPERATOR LICENSE '.- ~'-- _

(Person) I ~VI No I _u__ . I ~, __ ~___ __ _ _I Dale of Birth ! Age I Juvenile? I Height I Weiqht I Hair Color i Eve (;olor I

, .,,,,,.,~Type

Report Officer

12584/GLASGOW, STUART 1Printed At


26/30

EXHIBIT B PAGE 26

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

Incident Report

Sunnvvale Police Department066064

Supplement No

ORIG

,pe 1 Address

HOMEZIP Code

.. irr I

,OPERATOR LICENSEType

,,,nr'TH. SECURITY

"'''Vlle Type

Storage L.Ul.mIUII

PRO STAR IUISpO

,RELEASED TO OWNERLink Name

Investigation:

On 6-11-06 at1722 hrs., I responded to 389 S. Pastoria for a report of 2 male subjects jumpingover the neighbors fence at 385 S. Pastoria to gain access to the rear yard of 389 S. Pastoria.The RP said the two males parked a black Pontiac Grand Prix (5DLG298). The registeredowner of the car was James Bush. Upon my arrival, I met PSO Wilson who was already at thescene. The black Pontiac Grand Prix was still parked in the north driveway behind a whitesedan. I had prior knowledge of James Bush from 1220 Tasman in Sunnyvale from end ofwatch reports as a methamphetamine user who has numerous arrests involving drugs at hismobile home.

PSO Wilson spoke with one of the neighbors who told him there is a garage and a small cottagein the back yard. There is an access to the cottage in the rear yard from 395 S. Pastoria. The

resident also said that people come and go through his property to get into the cottage at all

hours of the night and early m()rning. --,=~.._-----_Report Officer I Prin

12584/GLASGOW, STUART i08/09/2(~---_---'-''-=-'-~--=-='-=-=---=-='-=-=-''---_L.::...::'''-=--=---=-=---'--- __


27/30


28/30

EXHIBIT B PAGE 28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

Incident Report


Supplement No

ORIG

Narrativedriver's license, credit cards, and several checks that were written to her, an amber coloredskate bag with skates inside, a JVC model GRDVL805U Camcorder with a serial number066J2579 in a black nylon case. The Bank of the West credit card was used at 1601 Capitol

Ave. in San Jose. And the Amazon credit card was used at a Valero gas station at 602 S.Winchester. The credit card use was reported to San Jose PD (SJPD case #061620934).

InvestigationConti nued:

After talking to Sluis, I asked CSI Smart and PSO Choi to go to the car at Pro Star Towing andretrieve the computer and any other property or receipts they find.

Other identification in the bag (item 10) was a California ID card, a Social Security card, aLockheed ID card and a Band of America Visa card belonging to Robert Jordan. The last 4digits of Jordan's Visa card were 9006. There was a receipt from Winchester Valero at 602Winchester Blvd. used on 6-11-06 at 1020 hrs with the last 4 digits of the car as 9006. Afterseveral unsuccessful attempts at locating Robert Jordan, I called Chloe Sluis and asked her ifshe knew anyone by the name of Robert Jordan. Sluis said Robert Jordan was her father who

died on 5-18-06. Sluis had Jordan's credit cards, ID and 4 joke lottery tickets in a red neopreneeyeglass case in her car.

There was a California driver's license belonging to Raman K Dhanota (item 11) in the bag (item10).

I called Dhanota and left her a message asking if she was missing her driver's license. On6-12-06 Dhanota returned my call.

Statementof Victim Dhanota:

Dhanota said her silver 2001 Honda accord was stolen from the driveway of her home inMilpitas on 4-26-06. Dhanota reported the car stolen to Milpitas PD (MPD case 06116076). Thecar was recovered partially stripped. Dhanota was still missing her purse containing her ID,

Social Security Number and Check book, a black nylon CD case with English and Punjabi musicCDs.

Investi gationConti nued:

I contacted Fremont PO, San Jose PO and Milpitas PD and requested fax copies of the abovementioned police reports. I processed the 10 cards, all of the credit cards and the checkbookledger (item 17) using black powder and tape. I collected 13 latent print cards from the items.sent the items to CIO for comparison.

I called the Valero gas station located at 602 S. Winchester (998-2911) and spoke to the

manager, Carrie Brown. I gave her the time, date and card number used and asked her tocheck the security camera video for the transaction. Brown said she did not have access to therecorder. Brown will get a copy of the transaction for us.

On 6-12-06 CSI Smart and I went to 1220 Tasman space 379 to ask him why there was stolenproperty in the trunk of his car. Bush answered the door and was cooperative.

i Report Officer

'12584/GLASGOW, STUARTPrinted At

j08/09/2006 16:46 Page 6 of 7 I ,


29/30

EXHIBIT B PAGE 29

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

Incident Report


Supplement No

ORIG

Narrath(e

Statementof James Bush:

Bush said his ex roommate / friend Josh Koppenhaver has had access to the keys to his car inthe past. Koppenhaver borrowed the car to go get something on 6-7-06 and did not return it.Bush tried to report the car stolen with DPS on 6-7-06 but the car was considered loaned andcouId not be considered stolen.

Bush did not know anything about any stolen property and he has not seen his car since 6-7-06.Bush said he was told by a friend that Josh Koppenhaver and John Harrington were seen in the

car on 6-8-06. Bush said his bank card was in the car when Koppenhaver took it and the cardhas been used numerous times without his permission. Bush has since cancelled the card toprevent further use. I asked Bush if he had any roommates or friends in the home. Bush saidhe kicked all of the roommates and his friends that were staying at the home out and he wasnow living alone. Bush has cleaned out all of the guest rooms. I asked Bush if I could look in

his home for any stolen property. Bush said yes and let CSI Smart and me into the home. Wesearched the home without finding any property belonging to the victims.

While inside Bush's house, he received a phone call on his cell phone. Bush said, "It's Josh andanswered the phone on speaker phone. Bush asked, "Who is this". The voice (Koppenhaver)

said, it's Josh. Bush asked "Where is my car?" Koppenhaver said, I needed it to get some

stuff. Bush asked, "why didn't you return it." koppenhaver said, "I fell asleep." Bush replied, Youslept for 4 days? Where is my car now?" Koppenhaver said, "It was at a friend's house. I got thekeys in my pocket. The cops towed it illegally from my friend Rob's house. You have to call

them and get the car back because they towed it illegally, the car was parked legally in thedriveway and they towed it. My mom said they cant tow it if it's legally parked. There is acomputer in the trunk that I need to get". Bush said, "Someone called about a computer in my

car last night." Koppenhaver said, "I borrowed my friend Rob's computer. He used my PSP ascollateral because I needed a computer'. Bush asked,"Who used my debit card". Koppenhaversaid, "Your debit card is still in your car I didn't use it once". Bush asked, "You didn't use itonce?" Koppenhaver said, "Well I used once to buy gas". Bush said, "I have like a whole bunch

of transactions." Koppenhaver denied using his card any other time. Koppenhaver said he wasstaying at his mother's house. I activated my digital recorder about half way through the

conversation (evidence item 40).

I asked Bush if he knew Robert Blasquez. Bush said no. I asked Bush who he thought might be

in the car with Koppenhaver. Bush said John Harrington and described him as a white malewith a black beard, large and fat. Harrington possibly lives in Morgan Hill or at 2074 Quito Rd.Harrington's mother Patricia Harrington's phone number is 408 849-7963. I told Bush that oneof the subjects seen in the car by a neighbor had a goatee. Bush said it was probably ShaneCastaneda (around 24 years old).

InvestigationConti nued:

On 6-13-06 Bush reported his car stolen (CR06-06107).

I am leaving this case active to Investigations for further follow-up.

Report Officer

12584!GLASGOW, STUART IPrinted At

08/09/2006 16:46 I Page 7 of 7


30/30

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

InCident Report

Sunnyvale Police DepartmentAddress

700 All America WayCity, State Zip Code

SUNNYVALE, CA 94086

066064Supplement No

0001

'YI

Reported Dale

06/11/2006Nature of Call

496Officer

SMART, BRYANPhone Number

(408)730-7100Fax Number

(408) 730-7705

Agency

SunnyvaleIncident No

06162n~no

Police Department i'" O J . .. . .. .. . .. I ............. i ... _, __

1

Status i Naturl

'v~vv ,A-PI POLICE INVESTIGATIONS"i.OcaUUII

389 S PASTORIA AV[-From Date . Officer

106/11/2006 j12974/SMART, BRYANI Entered by 1 Assignment I RMS Transfer

[12584 ,PATROL TEAM A SQUAD 3 ,Successful

Assignment

PATROL TEAM A SQUAD 3

! Approval Time

!23:24:44

Approving Supervisor

13536/LOCKE, RONApproval Date

06/13/2006

NarrativeCrime Scene Investigation:

On 6/11/06 at 2158 hours I assisted PSO Glasgow with his investigation of a stolen property

case. I accompanied PSO Choi to Pro Star Tow at 150 N. Wolfe. We collected possible stolenproperty out of a car that had been towed by PSO Glasgow. The car was a black Pontiac CA#5DLG298 and was registered to James Bush. I collected items #1-9 from inside the trunk of thecar. I brought the items to SVDPS for processing.

I took digital images of prints (undeveloped) I located on Item #1, a HP flat screen monitor. I

processed Items #2-4 for latent prints with black powder at SVDPS. I located some latent printsbearing friction ridge detail on Item #4, a glass smoking pipe.

Latent Prints:I submitted one latent print card from Item #4 to SJ CIU. I also submitted 1 CD containing digitalimages of latent prints from Item #1 to SJ CIU.

Printed At

notna/')n06 16:46,

IPage 1 o f 1

Report Officer

12 974/SMART, BRY~ __ . ~I__=v__=v"-'_'v'_'-'_','_=~_"v_=_='__'=__=__'__'_=_ __ "___'__""_=_ _'

4409793 Complaint for Damages and Injunctive and Declaratory Relief for Failure to Maintain Records...

Documents

Transcript of 4409793 Complaint for Damages and Injunctive and Declaratory Relief for Failure to Maintain Records...