ATTACHMENT A

2/24/16

Claimant objects to your Claim Form because it requires information which constitutes
an invasion of the Claimants privacy. Moreover, the information is not required to be
provided by the Claimants under California Government Code Section 910. For
example, California Government Code Section 910 does not require that the Claimants
provide their home and work numbers, drivers license number, date of birth, auto
insurance name and policy number, a diagram of the location of the incident, any
statements by the Claimants as to their reasons for believing the City is liable for your
damages, or a description of all damages which you believe you have incurred as a
result of the incident. For the purposes of this document CLAIMANT means the
individual claimant, claimants plural, and all plaintiffs and parties in interest
represented by the LAW OFFICES OF JOHN BURRIS. Therefore, Claimant submits the
following information in support of his/her Claim pursuant to Government Code
Section 910:
CLAIMANTS NAMES: Olga Cortez, Nemesio Cortez and Minors K.C. and K.C., by and
through their G.A.L. Olga Cortez
CLAIMANTS ADDRESS: 7677 Oakport Street, Suite 1120, Oakland, California 94621
CLAIMANTS TELEPHONE NUMBER: C/O LAW OFFICES OF JOHN L. BURRIS, ESQ.
(510) 839-5200
ADDRESS TO WHICH ALL NOTICES ARE TO BE SENT: LAW OFFICES OF JOHN L.
BURRIS, Airport Corporate Centre, 7677 Oakport Street, Suite 1120, Oakland, CA
94621
PLEASE NOTE: COUNSEL REPRESENTS CLAIMANTS AND ALL CONTACT SHOULD
BE MADE WITH THEIR ATTORNEY ONLY.
IDENTITY OF RESPONSIBLE PARTIES: Sergeant Joe Turner and Officer Cullen Faeth
DATE AND TIME OF INCIDENT: December 7, 2015, at approximately 9:30 p.m.
LOCATION OF INCIDENT: Fieldbrook Drive, Oakland, California.
THE FOLLOWING PROVIDES A GENERAL DESCRIPTION OF THE INDEBTEDNESS,
OBLIGATION, INJURY, DAMAGES OR LOSS INCURRED SO FAR AS IT MAY BE
KNOWN AT THE TIME OF PRESENTATION OF THE CLAIM AND THE NAME OR
NAMES OF THE PUBLIC EMPLOYEE OR EMPLOYEES CAUSING THE INJURY,
DAMAGES, OR LOSS, IF KNOWN: [Per Government Code Section 910]. For the
purposes of this claim, AGENCY is defined by and refers to the municipal, county, or
state entity, which governs the City of Oakland, California.

DESCRIPTION OF INCIDENT:
On December 7, 2015, at approximately 9:30 p.m., Claimant Olga Cortez was getting out
of the shower and preparing to go to bed, when she was startled by a loud banging at her
front door. The banging woke up Claimant Nemensio Cortez, who was sleeping soundly.
Mrs. Cortez hurried to the front door in her bathrobe, while her husband was getting out
of bed to investigate the loud noise. Mrs. Cortez could see a unfamilar white male
through the glass portion of the door. The man tried to open the locked door and was
shaking the door handle and pounding on the door trying to gain entry to the house.
Mrs. Cortez asked the man what he wanted and he told her to open the fucking door
saying that he wanted to speak to the residents. The man kept yelling, Let me in. Mr.
Cortez joined his wife at the door. Minor Claimants K.C. and K.C. were awoken by the
noise and came out to find out what was happening. Mrs. Cortez feared for her
childrens safety and told them to go back to their rooms for safety. Mr. and Mrs. Cortez
firmly and repeatedly told the man to leave, but he refused to leave their property.
Mrs. Cortez thought the man was trying to commit a home invasion robbery, and ran to
call the City of Oakland Police Department for emergency assistance. Mr. Cortez cracked
the door open to tell the man to leave, and the man forcefully tried to push the door
open and gain entry. Instead of allowing the man to gain entry, Mr. Cortez stepped
outside to protect his family and prevent the man from coming in to attack his wife and
daughters. While Mrs. Cortez was inside the house the first man kicked Mr. Cortez in
the stomach, while Mr. Cortez tried to detain him until the police arrived. Mrs. Cortez
went outside with her husband and the man started to walk towards their side yard.
Suddenly, a second man came running out of their backyard from their side gate of their
private property. The second man ran up their driveway. As the second man was passing
Mrs. Cortez he placed his hand under his shirt and appeared to point a gun at Mrs.
Cortez from underneath his shirt, causing Mrs. Cortez to fear for her life. Then, second
man ran away from the house and up the street.
Mrs. Cortez noticed her children standing in the front doorway crying and comforting
one another. Mrs. Cortez took her children back inside the house. When Mrs. Cortez
came back outside to check on her husband, Mr. Cortez was standing by the first man,
trying to prevent him from fleeing before the police could arrive. As Mrs. Cortez walked
back near her husband, the first man leaped towards Mrs. Cortez and violently grabbed
her in a bearhug type hold. The intruder squeezed Mrs. Cortezs scantily clad body close
to his and knocked her onto the concrete, in only her short backrobe, exposing her nude
lower body. Mr. Cortez pulled the man off of Mrs. Cortez and held him down to await
the arrival of the police. Mrs. Cortez was embarrassed and humilated by her naked body
being exposed to a strange man, in front of her husband, and ran back in her house to
change clothes.
The man initially resisted Mr. Cortez and tried to flee, but neighbors heard the
commotion and helped Mr. Cortez keep the man detained until the police arrived. The

couple told the man the police were on their way and he was not going to leave. When
the man learned that the police were on their way he began yelling. Mr. and Mrs. Cortez
noticed that the man had a strong smell of alcoholic beverages imminating from his
person. The couple also noticed that the man had a glassy eyed wild stare which they
believed to be characteristic of a person using illicit drugs.
Yet-to-be-identified City of Oakland Police personnel arrived at the Cortez house and
took the first man into custody. Onlookers took cell phone photos and cell phone video
of the wild eyed man being taken into custody. After the man was placed in the police
can he began violently and repeatedly banging his head on the car window. The second
man was nowhere to be found. Unidentified City of Oakland Police Officers took
statements from Mr. and Mrs. Cortez and their neighbors; took photographs of Mr. and
Mrs. Cortezs injuries and left.
Witnesses recount seeing a man running up the middle of the street; at the time of the
incident, who was stopped by the first responding City of Oakland Police Department
patrol car. The fleeing second man leaned into the police car, appeared to speak to the
officer and was then permitted to leave. The fleeing second man got into a non-police
vehicle, occupied by at least one other person, and left the scene.
On December 8, 2015, at 12:30 a.m. the Cortez family was terrified by another knock on
their door. This time, three Oakland Police personnel arrived at the Cortez house and
wanted to speak to Mr. and Mrs. Cortez. The personnel identified themselves as a
Sergeant, Captain and Officer and asked Mrs. Cortez to briefly explain to the Captain
what happened. Mr. and Mrs. Cortez thought it was strange that a Police Captain came
out to their home to invesitgate.
On December 8, 2015, at approximately 12:30 p.m., City of Oakland Police Officers
arrived at the Cortezs neighbors house and asked them to come try and identify a man
who fit the description of the suspect who fled the scene. The neighbor saw the two
suspects in front of the Cortez house, just prior to the incident. The neighbor was then
driven up the street and shown a man who appeared to be middle eastern, with dark
skin, who did not even remotely resemble either of the men involved or described.
On December 8, 2015, at 3:30 a.m., the Cortez family was once again startled by yet
another knock on their front door. This time, five more Oakland Police Department
officers arrived at the Cortez residence and wanted Mr. and Mrs. Cortez to re-inact the
incident. The officers wanted Mr. and Mrs. Cortez to be interviewed separately. During
Mrs. Cortezs interview officers were trying to get her to change her statement and relay
the events in a way that would be more favorable to the man who was arrested. An
officer tried to convince Mrs. Cortez to change her story and relay that the first man was
simply knocking on the front door, instead of the reality that he was banging, rattling
the door, pushing the door and demanding entry. The officer was also trying to get Mrs.
Cortez to say that the first man simply knocked her over while falling down, instead of
the reality that the man put both arms around her in a bear hug and knocked her to the

ground. Mr. and Mrs. Cortez felt violated when asked to recreate their terriying
experience and confused by the officers attempting to get them to sanitize their story.
The officers would not answer any questions about the suspect.
For the next two weeks, Mrs. Cortez spoke to numerous Oakland Police Department
personnel and supervisors, who refused to provide her any additional information about
this incident. Mrs. Cortez heard rumors that the two men were City of Oakland police
officers. After two weeks of calling and inquiring about the incident, City of Oakland
Police Department Lieutenant Ronald Holmgren told Mrs. Cortez that the two men were
City of Oakland officers who mistakenly went to her house looking for a party. Mrs.
Cortez relayed her familys terror and how she felt violated, but Lieutenant brushed off
her concerns and said the officers were just being silly. The Cortez family finally
received a heavily redacted copy of the incident report after their attorney demanded
that the department provide an official response to the familys requests.
To add egregious insult to injury, Mrs. Cortez confirmed that the men who were
terrorizing her family are Oakland Police Officers. The men who were sworn to serve
Oaklands citizens were the source of an innocent familys terrifying experience. The first
man was later identifed as City of Oakland Police Officer Cullen Faeth. The second man
was identified as City of Oakland Police Sergeant Joe Turner. Two weeks prior to this
incident, Sergeant Joe Turner shot and killed Richard Perkins, under suspicious
circumstances. The incident report identifed Officer Cullen Faeth as a suspect, but fails
to identify Sergeant Joe Turner, despite his participation in the reign of terror against
the Cortez family, including a threat of violence and trespass onto their private property.
During the incident, Officer Cullen Faeth grabbed Mrs. Cortez so violently during the
incident he left fingerprint contusions on both arms. Mrs. Cortezs leg was injured from
Officer Cullen Faeth knocking her down to the concrete. Mr. Cortezs stomach was
injured. The Cortez family was forced to seek professional family counseling due to the
emotional toll of their terrifying ordeal. The Cortez children suffer from nightmares and
are afraid to be in their home. The entire family is constantly afraid and fear their police
coming back to their home to harm or harass them again. Their terror was intensified
after learning that the offenders in this unwarranted invasion were Oakland Police
Officers, including supervisory personnel that appear to be ommited from the official
reporting of the incident.
DESCRIPTION OF CLAIM:
Claimants allege that the conduct of individual employees, agents, and/or servants of
AGENCY constitute State constitutional and statutory violations, which might include
but are not limited to assault, battery, trespass, negligence, negligent hiring, negligent
infliction of emotional distress and intentional infliction of emotional distress.
Claimants allege those individual employees, agents and/or servants of AGENCY are
responsible for Claimants injuries, and acts and/or omissions committed within the
course or scope of employment under the theory of respondeat superior. Respondeat

superior liability includes but is not limited to, negligent training, supervision, control
and/or discipline.
Individual employees, agents, and/or servants of the AGENCY, include but are not
limited to, the chief of police, sheriff, or an individual of comparable title, in charge of
law enforcement for AGENCY, and DOES 1-100, and/or each of them, individually
and/or while acting in concert with one another.
Claimants allege the appropriate offenses listed below.
Claimants allege that trespass included, but not limited to, reckless or negligent entry
onto property leased/owned/occupied/controlled by claimant, without consent of
claimants, causing actual harm related to said entry.
Claimants allege that assault included, but was not limited to, conduct causing claimant
to reasonably fear a harmful offensive touching upon claimants person.
Claimants allege that battery included, but was not limited to, conduct resulting in a
harmful offensive touching upon claimants person in a manner foreseeable likely to
cause injury.
Claimants allege that negligence included, but was not limited to, breach of duty upon
failing to exercise due care by placing claimant at risk of serious physical injury.
Claimants allege that negligent hiring included, but was not limited to, breach of duty
upon failing to exercise due care by hiring individuals likely to cause physical injury to
citizens while acting under color of law in an official capacity.
Claimants allege that intentional infliction of emotional distress included, but was not
limited to, outrageous acts or omissions with the intent to causing emotional distress to
another individual. The intentional conduct resulted in Claimants physical injuries.
Claimants allege that negligent infliction of emotional distress included, but not limited
to, negligent actions, undertaken in the presence of Claimants, who were aware of the
negligent actions and suffered injury as a result of the negligent act.
Claimants allege violation of California Civil Code Section 52.1, for actions by law
enforcement personnel, whether or not acting under color of law, which interfere by
threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or
coercion, with the exercise or enjoyment by any individual or individuals of rights
secured by the Constitution or laws of the United States, or of the rights secured by the
Constitution or laws of this state.
Claimant intends to pursue civil penalties pursuant to California Civil Code Sections
52(a) and 52 (b).
Claimants will allege other causes of action subject to continuing discovery.

DESCRIBE INJURY OR DAMAGE:

Claimants have, or may have in the future, claims for general damages, including, but
not limited to, claims for pain, suffering and emotional distress in amounts to be
determined according to proof.
Claimants may have and/or may continue to have in the future, claims for special
damages, including, but not limited to, claims for medical and related expenses, lost
wages, damage to career, damage to educational pursuits, damage to property and/or
other special damages in amounts to be determined according to proof.
Claimants may have, and/or may continue to have in the future, damages for permanent
mental injuries, permanent mental scarring and/or other psychological disabilities in an
amount according to proof.
NAME OF PUBLIC EMPLOYEE(S) BELIEVED TO HAVE CAUSED INJURY OR
DAMAGE:
See description of the incident, above.
DEMAND FOR PRESERVATION OF EVIDENCE:
Claimants do hereby demand that AGENCY including, but not limited to, the
appropriate city or county law enforcement agency, its employees, servants and/or
attorneys, maintain and preserve all evidence, documents and tangible materials which
relate in any manner whatsoever to the subject matter of this Claim, including until the
completion of any and all civil and/or criminal litigation arising from the events which
are the subject matter of this Claim. This demand for preservation of evidence includes,
but is not limited to, a demand that all public safety entities preserve all tapes, logs
and/or other tangible materials of any kind until the completion of any and all civil and
criminal litigation arising from the subject matter of this claim.
AMOUNT OF CLAIM:
This claim is in excess of $25,000. Jurisdiction is designated as unlimited and
jurisdiction would be in the Superior Court of the State of California for the County of
Alameda.

Sincerely,

John L. Burris,
Attorney at Law
THE LAW OFFICE OF JOHN L. BURRIS

2/24/16

City of Oakland
City Attorney
One Frank H. Ogawa Plaza, 6th Floor
Oakland, California 94612
Re: The Cortez Family
Dear Clerk:
The Law Office of John L. Burris has been retained by Olga Cortez, Nemesio Cortez and
minors K.C. and K.C. The Cortez family was involved in an incident with officers from
your department.
We have attached a copy of a completed claim form for Olga Cortez, Nemesio Cortez and
minors K.C. and K.C., including a detailed addendum. We have provided 2 copies of the
form and request that you send us back 1 endorsed copy verifying the time and date that

our claim was received. We have enclosed a self-addressed stamped envelope for your
convenience.
If you have any questions please give us a call.
Sincerely,

Melissa C. Nold,
Attorney at Law

THE LAW OFFICES OF JOHN L. BURRIS