county of lake and lake county sheriff's answer to paulich

8/4/2019 County of Lake and Lake County Sheriff's Answer to Paulich

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ANITA L. GRANT (State Bar No. 144603)County CounselLLOYD C. GUINTIVANO (State Bar No. 242944)Deputy County Counsel255 North Forbes StreetLakeport, California 95453Telephone: (707) 263-2321Facsimile: (707) 263-0702Attorneys for County of Lake and the County of Lake Sheriffs Office

SUPERIOR COURT OF THE STATE OF CALIFORNIAIN AND FOR THE COUNTY OF LAKE

COREY PAULICHERIFIED ANSWER TO VERIFIEDPETITION FOR WRIT OF MANDATE;REQUEST FOR ALTERNATIVE WRIT

Petitioner,V. Case No. CV410353COUNTY OF LAKE; LAKE COUNTYSHERIFFS DEPARTMENT; and DOES 1through 10, inclusive,

Respondents./

Respondents, County of Lake and Lake County Sheriff Francisco Rivero and theCounty of Lake (hereinafter, collectively, "County") respond to Petitioner, CoreyPaulichs, petition for a writ of mandate (hereinafter, Petition) as follows:1. In answer to Paragraph One of the Petition, the County is without sufficient

knowledge or information to form a belief as to the truth of the allegationscontained therein and on that basis denies the allegations of that paragraph.

2. In answer to Paragraph Two of the Petition, the allegations contained thereinconstitute legal conclusions to which no response is required and on that basis

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1enies the allegations of that paragraph.2 3.n answer to Paragraph Three of the Petition, the allegations contained therein3onstitute legal conclusions to which no response is required and on that basis4enies the allegations of that paragraph.

5 4 .n answer to Paragraph Four of the Petition, the County admits the allegations6ontained therein.7 5.n answer to Paragraph Five of the Petition, the allegations contained therein8onstitute legal conclusions to which no response is required and on that basis9enies the allegations of that paragraph.10 6.n answer to Paragraph Six of the Petition, the County is without sufficient1 1nowledge or information to form a belief as to the truth of the allegations12ontained therein and on that basis denies the allegations of that paragraph.13 7.n answer to Paragraph Seven of the Petition, the County is without sufficient14nowledge or information to form a belief as to the truth of the allegations15ontained therein and on that basis denies the allegations of that paragraph.16 8.n answer to Paragraph Eight of the Petition, the County is without sufficient17nowledge or information to form a belief as to the truth of the allegations18ontained therein and on that basis denies the allegations of that paragraph.19 9.n answer to Paragraph Nine of the Petition, the allegations contained therein2 0onstitute legal conclusions to which no response is required and on that basis21enies the allegations of that paragraph.22 10.n answer to Paragraph Ten of the Petition, the allegations contained therein23onstitute legal conclusions to which no response is required and on that basis2 4enies the allegations of that paragraph.25 1 1 .n answer to Paragraph Eleven of the Petition, the County admits that Petitioner2 6iled a claim against the County on or about April 4, 2011 for civil penalties and2 72 8erified Answer to Petition for Writ of Mandate


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damages. The County denies the rest of the allegations contained therein.2 12.n answer to Paragraph Twelve of the Petition, the allegations contained therein3onstitute legal conclusions to which no response is required and on that basis4enies the allegations of that paragraph.5 13.n answer to Paragraph Thirteen of the Petition, the allegations contained therein6onstitute legal conclusions to which no response is required and on that basis7enies the allegations of that paragraph.8 14.n answer to Paragraph Fourteen of the Petition, the County admits the9llegations contained therein.

10 15.n answer to Paragraph Fifteen of the Petition, the County admits the allegations1 1ontained therein.12 16.n answer to Paragraph Sixteen of the Petition, the County admits that Petitioner1 3ontacted Sheriff Francisco Rivero by telephone on March 13, 2011. The14ounty denies the rest of the allegations therein.15 17.n answer to Paragraph Seventeen of the Petition, the County denies each and1 6very allegation contained therein.17 18.n answer to Paragraph Eighteen of the Petition, the County admits that Sheriff1 8rancisco Rivero (Sheriff Rivero") had discussions with Petitioner regarding the19ursuit. The County denies the rest of the allegations contained therein.20 19.n answer to Paragraph Nineteen of the Petition, the County admits that Sheriff21ivero reminded Petitioner of the rules and procedures of the Lake County2 2heriffs Office. The County denies the rest of the allegations contained therein.23 20.n answer to Paragraph Twenty of the Petition, the County admits that on or2 4bout March 13, 2011, Sheriff Rivero sent an email to Petitioner. The County25enies the rest of the allegations contained therein.26 21.n answer to Paragraph Twenty-One of the Petition, the County admits that2 72 8erified Answer to Petition for Writ of Mandate


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1heriff Rivero sent a second email to Petitioner on or about March 14, 2011.2he County denies the rest of the allegations contained thereinin constitute legal3onclusions to which no response is required. To the extent that a response is4equired, the County denies each and every allegation contained therein.52.n answer to Paragraph Twenty-Two of the Petition, the County admits to the6llegations contained therein.73.n answer to Paragraph Twenty-Three of the Petition, the County admits to the8llegations contained therein.94 .n answer to Paragraph Twenty-Four of the Petition, the County incorporates by

10eference its responses to Paragraphs 1 through 23 of the Petition.1 15.n answ er to Paragraph Twenty-Five of the Petition, the allegations contained12herein quote a Government Code Section 3303. County avers that Government13ode Section 3303 speaks for itself and is the best evidence of its contents and14enies any allegation not consistent with the statute cited. The County denies1 5he rest of the allegations contained therein.166 .n answer to Paragraph Twenty-Six of the Petition, the County admits that Sheriff17ivero had discussions with Petitioner on or about March 13, 2011. The County18enies the rest of the allegations contained therein.197 .n answer to Paragraph Twenty-Seven of the Petition, the allegations contained20herein constitute legal conclusions to which no response is required and on that21asis denies the allegations of that paragraph.228.n answer to Paragraph Twenty-Eight of the Petition, the allegations contained23herein constitute legal conclusions to which no response is required and on that24asis denies the allegations of that paragraph.259 .n answer to Paragraph Twenty-Nine of the Petition, the allegations contained26herein constitute legal conclusions to which no response is required and on that2728erified Answer to Petition for Writ of Mandatel


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1asis denies the allegations of that paragraph.20.n answer to Paragraph Thirty of the Petition, the allegations contained therein3onstitute legal conclusions to which no response is required and on that basis4enies the allegations of that paragraph.51 .n answer to Paragraph Thirty-One of the Petition, the allegations contained6herein constitute legal conclusions to which no response is required and on that7asis denies the allegations of that paragraph.82.n answer to Paragraph Thirty-Two of the Petition, the allegations contained9herein constitute legal conclusions to which no response is required and on that

10asis denies the allegations of that paragraph.1 13.n answer to Paragraph Thirty-Three of the Petition, the County incorporates by12eference its responses to Paragraphs I through 32 of the Petition.1 34 .n answer to Paragraph Thirty-Four of the Petition, the allegations contained14herein quote a Government Code Section 3303(b). County avers that15overnment Code Section 3303(b) speaks for itself and is the best evidence of16ts contents and denies any allegation not consistent with the statute cited. The17

ounty denies the rest of the allegations contained therein.185 .n answer to Paragraph Thirty-Five of the Petition, the County admits that Sheriff19ivero had discussions with Petitioner on or about March 13, 2011. The County20enies the rest of the allegations contained therein.216 .n answer to Paragraph Thirty-Six of the Petition, the allegations contained22herein constitute legal conclusions to which no response is required and on that23asis denies the allegations of that paragraph.247 .n answer to Paragraph Thirty-Seven of the Petition, the allegations contained25herein constitute legal conclusions to which no response is required and on that26asis denies the allegations of that paragraph.2728erified Answer to Petition for Writ of Mandate


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38.n answer to Paragraph Thirty-Eight of the Petition, the allegations contained2herein constitute legal conclusions to which no response is required and on that3asis denies the allegations of that paragraph.4 39.n answer to Paragraph Thirty-Nine of the Petition, the allegations contained5herein constitute legal conclusions to which no response is required and on that6asis denies the allegations of that paragraph.7 40.n answer to Paragraph Forty of the Petition, the allegations contained therein8onstitute legal conclusions to which no response is required and on that basis9enies the allegations of that paragraph.

10 4 1 .n answer to Paragraph Forty-One of the Petition, the allegations contained1 1herein constitute legal conclusions to which no response is required and on that12asis denies the allegations of that paragraph.1 3 4 2 .n answer to Paragraph Forty-Two of the Petition, the County incorporates by14eference its responses to Paragraphs 1 through 41 of the Petition.1 5 43.n answer to Paragraph Forty-Three of the Petition, the allegations contained16herein quote a Government Code Section 3303(c). County avers that17overnment Code Section 3303(c) speaks for itself and is the best evidence of1 8ts contents and denies any allegation not consistent with the statute cited. The19ounty denies the rest of the allegations contained therein.2 0 44.n answer to Paragraph Forty-Four of the Petition, the County admits that Sheriff21ivero had discussions with Petitioner on or about March 13, 2011. The County2 2enies the rest of the allegations contained therein.23 45.n answer to Paragraph Forty-Five of the Petition, the allegations contained2 4herein constitute legal conclusions to which no response is required and on that25asis denies the allegations of that paragraph.2 6 46.n answer to Paragraph Forty-Six of the Petition, the allegations contained2 728erified Answer to Petition for Writ of Mandatee v


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therein constitute legal conclusions to which no response is required and on that2asis denies the allegations of that paragraph.3 47.n answer to Paragraph Forty-Seven of the Petition, the allegations contained4herein constitute legal conclusions to which no response is required and on that

5asis denies the allegations of that paragraph.6 48.n answer to Paragraph Forty-Eight of the Petition, the allegations contained7herein constitute legal conclusions to which no response is required and on that8asis denies the allegations of that paragraph.9 49.n answer to Paragraph Forty-Nine of the Petition, the allegations contained10herein constitute legal conclusions to which no response is required and on that1 1asis denies the allegations of that paragraph.12 50 .n answer to Paragraph Fifty of the Petition, the County incorporates by1 3eference its responses to Paragraphs I through 49 of the Petition.14 51 .n answer to Paragraph Fifty-One of the Petition, the allegations contained1 5herein quote a Government Code Section 3303(d). County avers that16overnment Code Section 3303(d) speaks for itself and is the best evidence of17ts contents and denies any allegation not consistent with the statute cited. The18ounty denies the rest of the allegations contained therein.19 52 .n answer to Paragraph Fifty-Two of the Petition, the County admits that Sheriff2 0ivero had discussions with Petitioner on or about March 13, 2011. The County21enies the rest of the allegations contained therein.22 53.n answer to Paragraph Fifty-Three of the Petition, the allegations contained23herein constitute legal conclusions to which no response is required and on that2 4asis denies the allegations of that paragraph.25 54.n answer to Paragraph Fifty-Four of the Petition, the allegations contained2 6herein constitute legal conclusions to which no response is required and on that2 72 8erified Answer to Petition for Writ of Mandate


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1asis denies the allegations of that paragraph.25.n answer to Paragraph Fifty-Five of the Petition, the allegations contained3herein constitute legal conclusions to which no response is required and on that4asis denies the allegations of that paragraph.56.n answer to Paragraph Fifty-Six of the Petition, the allegations contained therein6onstitute legal conclusions to which no response is required and on that basis7enies the allegations of that paragraph.87.n answer to Paragraph Fifty-Seven of the Petition, the allegations contained9herein constitute legal conclusions to which no response is required and on that

10asis denies the allegations of that paragraph.1 18.n answer to Paragraph Fifty-Eight of the Petition, the County incorporates by12eference its responses to Paragraphs I through 57 of the Petition.1 39 .n answer to Paragraph Fifty-Nine of the Petition, the allegations contained14herein quote a Government Code Section 3303(e). County avers that1 5overnment Code Section 3303(e) speaks for itself and is the best evidence of16ts contents and denies any allegation not consistent with the statute cited. The17

ounty denies the rest of the allegations contained therein.180 .n answer to Paragraph Sixty of the Petition, the County admits that Sheriff19ivero had discussions with Petitioner on or about March 13, 2011 in which he2 0eminded Petitioner of Petitioners duties as deputy sheriff sergeant. County21enies the rest of the allegations contained therein.2 21.n answer to Paragraph Sixty-One of the Petition, the allegations contained2 3herein constitute legal conclusions to which no response is required and on that2 4asis denies the allegations of that paragraph.252 .n answer to Paragraph Sixty-Two of the Petition, the allegations contained2 6herein constitute legal conclusions to which no response is required and on that2 72 8erified Answer to Petition for Writ of Mandate:


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1asis denies the allegations of that paragraph.2 63.n answer to Paragraph Sixty-Three of the Petition, the allegations contained3herein constitute legal conclusions to which no response is required and on that4asis denies the allegations of that paragraph.

5 64 .n answer to Paragraph Sixty-Four of the Petition, the allegations contained6herein constitute legal conclusions to which no response is required and on that7asis denies the allegations of that paragraph.8 65.n answer to Paragraph Sixty-Five of the Petition, the allegations containedHherein constitute legal conclusions to which no response is required and on that10asis denies the allegations of that paragraph.1 1 66.n answer to Paragraph Sixty-Six of the Petition, the County incorporates by12eference its responses to Paragraphs I through 65 of the Petition.1 3 67 .n answer to Paragraph Sixty-Seven of the Petition, the allegations contained14herein quote a Government Code Section 3303(g). County avers that1 5overnment Code Section 3303(g) speaks for itself and is the best evidence of16ts contents and denies any allegation not consistent with the statute cited. The17ounty denies the rest of the allegations contained therein.18 68 .n answer to Paragraph Sixty-Eight of the Petition, County admits that Sheriff19ivero had discussions with Petitioner on or about March 13, 2011. County2 0enies the rest of the allegations contained therein.21 69 .n answer to Paragraph Sixty-Nine of the Petition, County admits that Sheriff2 2ivero had discussions with Petitioner on or about March 13, 2011. County23enies the rest of the allegations contained therein.2 4 7 0 .n answer to Paragraph Seventy of the Petition, the allegations contained therein25onstitute legal conclusions to which no response is required and on that basis2 6enies the allegations of that paragraph.2 72 8erified Answer to Petition for Writ of Mandate


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1 71.n answer to Paragraph Seventy-One of the Petition, the allegations contained2herein constitute legal conclusions to which no response is required and on that3asis denies the allegations of that paragraph.4 72 .n answer to Paragraph Seventy-Two of the Petition, the allegations contained5herein constitute legal conclusions to which no response is required and on that6asis denies the allegations of that paragraph.7 73.n answer to Paragraph Seventy-Three of the Petition, the allegations contained8herein constitute legal conclusions to which no response is required and on that9asis denies the allegations of that paragraph.

10 74 .n answer to Paragraph Seventy-Four of the Petition, the allegations contained1 1herein constitute legal conclusions to which no response is required and on that12asis denies the allegations of that paragraph.1 3 75.n answer to Paragraph Seventy-Five of the Petition, the County incorporates by14eference its responses to Paragraphs I through 74 of the Petition.1 5 76.n answer to Paragraph Seventy-Six of the Petition, the allegations contained16herein quote a Government Code Section 3303(i). County avers that17overnment Code Section 3303(i) speaks for itself and is the best evidence of1 8ts contents and denies any allegation not consistent with the statute cited. The19ounty denies the rest of the allegations contained therein.2 0 77.n answer to Paragraph Seventy-Seven of the Petition, County admits that21heriff Rivero had discussions with Petitioner on or about March 13, 2011.22ounty denies the rest of the allegations contained therein.23 78.n answer to Paragraph Seventy-Eight of the Petition, County admits that Sheriff2 4ivero had discussions with Petitioner on or about March 13, 2011. County25enies the rest of the allegations contained therein.2 6 79 .n answer to Paragraph Seventy-Nine of the Petition, the allegations contained2 728erified Answer to Petition for Writ of Mandate0


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1herein constitute legal conclusions to which no response is required and on that2asis denies the allegations of that paragraph.30.n answer to Paragraph Eighty of the Petition, the allegations contained therein4onstitute legal conclusions to which no response is required and on that basis5enies the allegations of that paragraph.61.n answer to Paragraph Eighty-One of the Petition, the County incorporates by7eference its responses to Paragraphs I through 80 of the Petition.82 .n answer to Paragraph Eighty-Two of the Petition, the County is without9ufficient knowledge or information to form a belief as to the truth of the

10llegations contained therein and on that basis denies the allegations of that1 1aragraph.123.n answer to Paragraph Eighty-Three of the Petition, the allegations contained1 3herein quote a Government Code Sections 3502 and 3504. County avers that14overnment Code Sections 3502 and 3504 speak for themselves and are the1 5est evidence of its contents and denies any allegation not consistent with the16tatutes cited. The County denies the rest of the allegations contained therein.17

4 .n answer to Paragraph Eighty-Four of the Petition, the allegations contained1 8herein quote a Government Code Section 3502. County avers that Government19ode Section 3502 speak for themselves and are the best evidence of its2 0ontents and denies any allegation not consistent with the statutes cited. The21ounty denies the rest of the allegations contained therein.2 25.n answer to Paragraph Eighty-Five of the Petition, the allegations contained23herein quote a Government Code Sections 3502 and 3503, and the Pacific TeL2 4TeL Co. v. N.L.R.B. (9th Cir. 1983) 711 F.2d 134, 137. County avers that25overnment Code Sections 3502 and 3503, and Pacific TeL & TeL Co. v.2 6.L.R.B. (gth Cir. 1983) 711 F.2d 134, 137. speak for themselves and are the2 728erified Answer to Petition for Writ of Mandate1


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best evidence of its contents and denies any allegation not consistent with the2tatutes and case cited. The allegations contained therein constitute legal3onclusions to which no response is required and on that basis denies the4llegations of that paragraph. The County denies the rest of the allegations5ontained therein.6 86.n answer to Paragraph Eighty-Six of the Petition, the allegations contained7herein constitute legal conclusions to which no response is required and on that8asis denies the allegations of that paragraph.9 87.n answer to Paragraph Eighty-Seven of the Petition, the allegations contained

10herein constitute legal conclusions to which no response is required and on that1 1asis denies the allegations of that paragraph.1 2 88.n answer to Paragraph Eighty-Eight of the Petition, the allegations contained1 3herein constitute legal conclusions to which no response is required and on that1 4asis denies the allegations of that paragraph.1 5 89.n answer to Paragraph Eighty-Nine of the Petition, the allegations contained16herein constitute legal conclusions to which no response is required and on that17asis denies the allegations of that paragraph.1 8 90 .n answer to Paragraph Ninety of the Petition, the County incorporates by19eference its responses to Paragraphs I through 89 of the Petition.2 0 91.n answer to Paragraph Ninety-One of the Petition, the allegations contained2 1herein constitute legal conclusions to which no response is required and on that2 2asis denies the allegations of that paragraph.2 3 92 .n answer to Paragraph Ninety-Two of the Petition, the allegations contained2 4herein constitute legal conclusions to which no response is required and on that25asis denies the allegations of that paragraph.2 6 93 .n answer to Paragraph Ninety-Three of the Petition, the allegations contained2 72 8erified Answer to Petition for Writ of Mandate2


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1herein constitute legal conclusions to which no response is required and on that2asis denies the allegations of that paragraph.34.n answer to Paragraph Ninety-Four of the Petition, the allegations contained4herein constitute legal conclusions to which no response is required and on that5asis denies the allegations of that paragraph.65.n answer to Paragraph Ninety-Five of the Petition, the allegations contained7herein constitute legal conclusions to which no response is required and on that8asis denies the allegations of that paragraph.9

101 112S A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE, County alleges that1 3 said Petition, and each and every allegation contained in said Petition, fails to state14 facts sufficient to constitute a claim against the County.1516S A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE, County alleges17 that the petitioner has not exhausted administrative remedies.18ll19S A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE, County alleges that2 0 the petitioner has an adequate remedy available other than mandamus.21V2 2S A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE, County alleges23 that the petitioner has "unclean hands."2 425S A FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE, County alleges that2 6 Government Code Section 3303 does not apply to any interrogation of a public safety2 72 8erified Answer to Petition for Writ of Mandate3


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officer in the normal course of duty, counseling, instruction, or informal verbal2 admonishment by, or other routine or unplanned contact with a supervisor or any other3 public safety officer. Government Code Section 3303(i).4

I5S A SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE, County alleges that6 the writ of mandamus, if enforced, would prevent the Lake County Sheriff from properly7 supervising his deputy sheriff sergeants in accordance with the Lake County Sheriffs8 Office rules and procedures.9II

10S A SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE, County alleges11 that the Petition, and each and every allegation stated therein, whether considered12 singly or in any combination, fails to state a ground for relief because the County acted13 under a good faith belief in compliance with statutory requirements.1 4II I1 5S An EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE, County alleges16 the Lake County Sheriffs purpose for his discussions with Petitioner is to instruct and17 train the Petitioner of following the Lake County Sheriffs Office rules and procedures to18 prevent Petitioners mistake from happening again.19X20S A NINTH, SEPARATE AND AFFIRMATIVE DEFENSE, County alleges that21 the County has proceeded in the manner required by law and that its decision is22 supported by substantial evidence in the light of the whole record and that its findings23 are supported by the evidence in this matter.2425S A TENTH, SEPARATE AND AFFIRMATIVE DEFENSE, without waiving its26 foregoing answer or defenses, County alleges that any and all conduct of which2728erified Answer to Petition for Writ of Mandate4


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1 Petitioner complains herein, and which is allegedly attributable to County, were a just2 and proper exercise of discretion undertaken for a fair and honest reason and regulated3 by good faith under the circumstances then existing.4l

5S AN ELEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE, County alleges6 that at all times mentioned in said Petition, County acted in good faith and with due7 regard for the rights of the Petitioner and its members.8II9S A TWELFTH, SEPARATE AND AFFIRMATIVE DEFENSE, without waiving10 its foregoing answers or defenses, County alleges that Petitioner has failed to mitigate11 its damages, if any.121 3S A THIRTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, without14 waiving its foregoing answer or defenses, County alleges that any and all acts or15 omissions which allegedly caused injury or damage as set forth in the Petition were16 caused by the acts or omissions of parties other than the County, and, therefore, the17 County is not liable to Petitioner for any of the alleged injuries or damages pursuant to18 Government Code Section 820.8.192 0S A FOURTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, County21 alleges that each and every cause of action in said Petition fails to state sufficient facts22 to entitle Petitioner to recover attorneys fees in this action, as a matter of law.23V2 4S A FIFTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, County alleges25 that Government Code Section 3303 was not intended to elevate all communications26 into investigations.2 72 8erified Answer to Petition for Writ of Mandate5


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XvIS A SIXTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, without waiving3 foregoing answer or defenses, to the extent the allegations made against the County4 enlarge upon facts, contentions or theories set forth in the Petition, said Petition is in5 violation of California Government Code Sections 900 et seq. and County expressly6 reserves the right to move to strike any and all such allegations and to object to the7 admission of any evidence directed to the proof thereof.8VII9S A SEVENTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, without

10 waiving foregoing answer or defenses, County alleges immunity to the imposition of11 liability of damages pursuant to the provisions of the California Tort Claims Act12 (California Government Code Sections 800 et seq.).1 3I I I1 4S AN EIGHTEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, without15 waiving the foregoing answer or defenses, County alleges that the Lake County Sheriff16 neither prohibited nor prevented Petitioner from submitting Petitioners overtime hours17 for the off-duty discussions between the Lake County Sheriff and Petitioner on or about18 March 13, 2011.1 9VA20S A NINETEENTH, SEPARATE AND AFFIRMATIVE DEFENSE, without21 waiving the foregoing answer or defenses, County alleges that the Lake County Sheriff22 conducted his discussions with Petitioner in a reasonable manner in light of the23 seriousness of the incident that occurred on or about March 13, 2011.2425S A TWENTIETH, SEPARATE AND AFFIRMATIVE DEFENSE, without26 waiving the foregoing answer or defenses, County alleges that the Lake County Sheriff2728erified Answer to Petition for Writ of Mandate6


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1 purpose in having discussions with Petitioner on or about March 13, 2011 was not2 punitive (i.e. would not lead to dismissal, demotion, suspension, reduction in salary,3 written reprimand, or transfer for purposes of punishment).4XI5S A TWENTY-FIRST, SEPARATE AND AFFIRMATIVE DEFENSE, without6 waiving the foregoing answer or defenses, County alleges that the Lake County Sheriff7 did not prevent Petitioner from using a tape-recorder during the discussions.8XII9S A TWENTY-SECOND, SEPARATE AND AFFIRMATIVE DEFENSE, without

10 waiving the foregoing answer or defenses, County alleges that the Lake County Sheriff11 did not prevent Petitioner from obtaining representation.1 2XIII1 3S A TWENTY-THIRD, SEPARATE AND AFFIRMATIVE DEFENSE, without14 waiving the foregoing answer or defenses, County alleges that the Lake County15 Sheriffs discussions with Petitioner on or about March 13, 2011 did not consist of16 wages, hours, or working conditions.17

Y O K A1 8S A TWENTY-FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE, without19 waiving the foregoing answer or defenses, County alleges that the Lake County20 Sheriffs discussions with Petitioner on or about March 13, 2011 did not consist of a21 new policy towards bargaining-unit employees and did not consist of a new policy22 towards Petitioner.23XV24S A TWENTY-FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE, without25 waiving the foregoing answer or defenses, County alleges that the representation26 provisions of Government Code Sections 3500 et. seq. do not apply to the Lake County2728erified Answer to Petition for Writ of Mandate7


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Date: August 10, 2011 Respectfully submitted,ANITA L. GRANTCounty .. _By:LLOYD C. GUINTIVANODeputy County CounselAttorney for Respondents,Francisco Rivero, Lake County Sheriff, and

The County of Lake

Verified Answer to Petition for Writ of Mandate

Sheriffs discussions with Petitioner on or about March 13, 2011.XXVI

AS A TWENTY-.SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE, withoutwaiving the foregoing answer or defenses, County alleges that the Lake CountySheriffs discussions with Petitioner on or about March 13, 2011 consisted of areminder and reiteration of the Lake County Sheriffs Office rules and procedures totrain and instruct Petitioner.

XXVIIAS A TWENTY-SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE, without

waiving the foregoing answer or defenses, County alleges that the Lake CountySheriffs conduct and his discussions with Petitioner on or about March 13, 2011consisted of routine actions in the normal course of his duties as Sheriff.

WHEREFORE, the County prays that:1. The Petitioners petition for writ of mandate be denied;2. Petitioner take nothing by its proceeding;3. Respondents recover their costs in this proceeding; and4. The Court award such other relief as it considers proper.

91 01 1121 3141 516171 819202122232425262728


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1A1IIIl[s]2, Jeff Rein, declare:3hat I am the Deputy County Administrative Officer for the County of Lake, one4 of the above named respondents, and am authorized to make this Verification for and5 on its behalf; That I have read the foregoing VERIFIED ANSWER TO PETITION FOR6 WRIT OF MANDATE; REQUEST FOR ALTERNATIVE WRIT that I am informed that7 there is no single person who has personal knowledge of all of these matters, that the8 responses in this document are based upon information assembled by its employees9 and its agents; and that I am informed and believe that the responses based upon that

10 information are true.1 1declare under penalty of perjury under the laws of the State of California that12 the foregoing is true and correct.1314 Executed in Lakeport, California on this I o t h day of August, 2011.151617

epu y County Administrative Officer18ounty of Lake19202122232425262728erified Answer to Petition for Writ of Mandate9


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II.I.]aS]1 4AISII, the undersigned, declare:I am a citizen of the United States and a resident of the County of Lake, State of

California. I am over 18 years of age and not a party to the within matter. My businessaddress is 255 North Forbes Street, Lakeport, California.

On August 10, 2011 I served a copy of the following document(s) addressed asfollows:A I V I L

United States Postal Service by placing such envelope(s) with postagethereon fully prepaid in the designated area for outgoing mail in accordancewith offices practice, whereby the mail is deposited in the United StatesPostal Service mailbox in the City of Lakeport, California.

Xnited Parcel Service express overnight delivery by placing such envelope(s)with postage thereon fully prepaid in the designated area for outgoing mail inaccordance with offices practice, whereby the mail is delivered to anauthorized courier or driver authorized by United Parcel Service to receivedocuments, in an envelope or package designated by United Parcel Servicewith delivery fees paid or provided for, addressed to the person on whom it isto be served at that partys place of residence.Mr. Christopher Miller, Esq.Mastagni, Holstedt, Amick, Miller & Johnsen1912 1" Street, Suite 102Sacramento, CA 95814Deposited in the Lake County Courthouse box, Fourth Floor, Superior CourtClerks Office, 255 North Forbes Street, Lakeport, California 95453.Federal Express.F ax*

Personally delivered to person(s) at add ress(es) listed below.

I declare under penalty of perjury that the foregoing is true and correct and that thisdeclaration was executed on August 10, 2011, at Lakeport, California.

Lloyd C. Guintivano

county of lake and lake county sheriff's answer to paulich

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