Case 3:09-cv-02239-JAH-DHB Document 107 Filed 03/08/13 Page 1 of 3

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Bart C. Miesfeld (126056) Chance C. Hawkins (216712) OFFICE OF THE CITY ATTORNEY 276 Fourth Avenue Chula Vista, California 91910 (619) 691-5037 Facsimile (619) 409-5823 Stephen D. Lucas (74726) Patricia Jo Custer (128703) LUCAS & HAVERKAMP LAW FIRM A Professional Corporation Attorneys at Law 4350 Executive Drive, Suite 260 San Diego, California 92121 (858) 535-4000 Facsimile (858) 535-4001 Attorneys for Defendants City of Chula Vista, Officer Fred Krafft (erroneously sued as Jeff Craft) and Chief of Police Richard P. Emerson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ERIC B. HARRIS; MAY HARRIS; HALEY HARRIS, a minor by her Guardian ad Litem, MAY HARRIS; CAMERON HARRIS, a minor by his Guardian ad Litem, MAY HARRIS, Plaintiffs, v. CITY OF CHULA VISTA; OFFICER JEFF CRAFT; CHIEF OF POLICE RICHARD P. EMERSON; DOES 1 10, inclusive, Defendants.

Case No. 09-CV-2239-JAH (DHB)

DECLARATION OF STEPHEN D. LUCAS IN RESPONSE TO ORDER TO SHOW CAUSE RE CONTEMPT Date: Time: Courtroom: Judge: March 11, 2013 2:30 p.m. 13B Hon. John A. Houston

I, STEPHEN D. LUCAS, declare: 1. 2. I am an attorney licensed to practice law before this Court. Although the nature of the contempt proceeding at issue is unclear to

me, specifically whether it is intended to be a civil contempt hearing or some other

108695.DOC

09-CV-2239-JAH (DHB)

DECLARATION OF STEPHEN D. LUCAS IN RESPONSE TO ORDER TO SHOW CAUSE RE: CONTEMPT

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form of sanctions, and therefore I do not know what legal process or standard applies to this issue, I can explain the inadvertent use of derogatory language in a declaration I submitted. 3. I am embarrassed and regret that the language was included in my

declaration. That language was contained in an internal office draft of my declaration that was part of a number of papers that were due that day. It was a poor attempt at inside office humor between those of us working on the papers that was supposed to be deleted and not contained in the final declaration. I take responsibility for failing to delete it, I regret it, but it was a total mistake and completely inadvertent. I was busy, rushing, and accidentally left the inappropriate language in the final declaration that was filed. I had absolutely no intent to file such language with the Court and I apologize to the Court and Ms. Prevost for doing so. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. San Diego, California. /s/ Stephen D. Lucas STEPHEN D. LUCAS Executed this 8th day of March, 2013 at

108695.DOC

09-CV-2239-JAH (DHB)

DECLARATION OF STEPHEN D. LUCAS IN RESPONSE TO ORDER TO SHOW CAUSE RE: CONTEMPT

Case 3:09-cv-02239-JAH-DHB Document 107 Filed 03/08/13 Page 3 of 3 Harris v. City of Chula Vista, et al. USDC Case No. 09-CV-2239-JAH (DHB) PROOF OF SERVICE I, Janis Moore, declare as follows: I am over eighteen years of age and not a party to this action; I am employed with Lucas & Haverkamp Law Firm, located in the County of San Diego, State of California, and my business address is 4350 Executive Drive, Suite 260, San Diego, California 92121, telephone number 858.535.4000; facsimile number 858.535.4001. On March 8, 2013, I served the document described as: DECLARATION OF STEPHEN D. LUCAS IN RESPONSE TO ORDER TO SHOW CAUSE RE: CONTEMPT on the interested parties in this action as follows: Mary F. Prevost 402 West Broadway, Suite 950 San Diego, CA 92101 619.692.9001 / 619.255.0726 fax mfprevost@aol.com Co-Attorneys for Plaintiffs Bart C. Miesfeld / Chance C. Hawkins Office of the City Attorney 276 Fourth Avenue Chula Vista, CA 91910 619.691.5037 / 619.476.5303 fax bmiesfeld@ci.chula-vista.ca.us chawkins@ci.chula-vista.ca.us Co-attorneys for Defendants BY ELECTRONIC SERVICE; causing a true and correct copy of the above-entitled document to be served in accordance with the courts specified procedures and addressed to all parties appearing on the Pacer CM/ECF electronic service list for the above-entitled case. The e-service transmission was reported as complete and a copy of the service receipt page(s) will be maintained with the original document in our office. (Federal) I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed on March 8, 2013, at San Diego, California. /s/ Janis Moore 25 26 27 28
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Thomas E. Beck The Beck Law Firm 10377 Los Alamitos Boulevard Los Alamitos, CA 90720 562.795.5835 / 562.795.5821 fax becklaw@earthlink.net Co-Attorneys for Plaintiffs

Janis Moore

09-CV-2239-JAH (DHB)

DECLARATION OF STEPHEN D. LUCAS IN RESPONSE TO ORDER TO SHOW CAUSE RE: CONTEMPT