Case details

Defense claimed search of home did not harm business or child

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On May 28, 2009, plaintiff Milton Barbis was confronted by several law enforcement officers at his residence while his wife and 3-year-old daughter were getting ready to leave. Barbis previously operated a real estate development firm, Zone Sports Center LLC, from his home office at his residence, located at 2536 W. Stuart Ave., in Fresno, and owned 22 percent of the development firm Sphere Properties, which had 87.9 percent ownership over Zone Sports Center LLC. He was also the sole owner of Fresno Rock Taco LLC and was the partial owner of The Fine Irishman LLC, through a partnership with two investors known as Granite Park Investors. The partnership’s Fresno-based businesses were located, respectively, at 3950 N. Cedar Ave. and 4020 N. Cedar Ave., in Granite Park. In addition, Barbis owned a storage facility at 4000 N. Cedar Ave., in Granite Park. Three months before Barbis was confronted by police at his home, one of Barbis’ former, disgruntled employees met with two law enforcement officials and reported Barbis for insurance fraud and payroll violations. As a result, and insurance fraud investigator from the California Department of Insurance, Ben Rodriguez, and a Fresno police officer, Detective Brendan Rhames, met with six or seven of Barbis’ former employees between March 2009 and May 2009 in order to investigate the former employee’s claims. Rodriguez was eventually granted a search warrant after the court found probable cause to search Barbis’s home office and Granite Park properties. At around 7:30 a.m. on May 28, 2009, Rodriguez, Rhames, and several law enforcement officers entered Barbis’ residence, where Barbis’ wife and 3-year-old daughter were getting ready to leave. The officers purportedly entered the home with their guns raised and ordered the Barbis family to sit down. The officers then had the family sit in the kitchen for several hours while they searched the home for electronic equipment and business records. After the search, Rodriguez held a press conference, publicizing the search and seizure, and accusing Barbis of felony violations. Barbis ultimately lost each of his current and prospective business tenants, and his properties were foreclosed by his lender. His new lenders also forfeited their financial commitments and his reputation was ruined, allegedly causing him to suffer a mental breakdown. It was later determined that Zone Sports Center was not accused of any wrongdoing and that it was not the parent company of several entities that were wrongfully accused of felonies in the search warrant. It was also determined that Zone Sports Center had no relation to Barbis’ other companies. Milton Barbis; his wife, Heidi Barbis (who was acting individually and on behalf of her daughter, Claire Barbis); Zone Sports Center LLC; The Fine Irishman LLC; and Fresno Rock Taco LLC sued Rodriguez; Rhames; the mayor’s chief of staff, Georgeanne White; and the employer of Rodriguez, Rhames and White, the city of Fresno. The plaintiffs alleged that Rodriguez and Rhames violated their constitutional rights under the Fourth Amendment and committed an unlawful search and seizure. They also alleged that Rodriguez deliberately and/or recklessly made false statements in his effort to obtain a search warrant and that White disparaged Mr. Barbis’ reputation. In addition, the plaintiffs brought a Monell claim against the city, alleging that it was liable for the other defendants’ actions. The court dismissed the claims against Rhames and the city on a motion for summary judgment. Mr. and Ms. Barbis’ individual claims were also dismissed after they failed to disclose bankruptcy proceedings to their trustee. The court further dismissed The Fine Irishman and Fresno Rock Taco from the lawsuit after finding that the companies were estopped from participating in the action for failure to disclose a bankruptcy action. In addition, plaintiffs’ counsel voluntarily dismissed the claim against White. Thus, the matter continued with Ms. Baris’ action on behalf of her daughter, Claire, and Zone Sports Center’s action against the only remaining defendant, Rodriguez. Plaintiffs’ counsel contended that Rodriguez violated the terms of the search warrant, falsified information in his affidavit to obtain the warrant, and did not have probable cause to obtain the warrant. Counsel also contended that the unlawful search and seizure exceeded the scope of the warrant, violated its reasonable expectation of privacy in its search of records in filing cabinets, drawers, computers, and other locations in the home. Zone Sports Center’s counsel denied the accusations of insurance fraud and maintained that a large quantity of items seized were immaterial to the search, as the company had no employees and could not have filed false insurance claims. Claire’s counsel argued that Claire’s constitutional right to privacy under the Fourth Amendment was violated. Counsel also denied that Rodriguez was entitled to qualified immunity from the claims, that Rodriguez acted in a reckless and dishonest manner, and that Rodriguez committed judicial deception to obtain the warrant. Rodriguez’s counsel denied that Claire’s Fourth Amendment right to privacy was violated. Counsel also argued that Rodriguez was entitled to qualified immunity under the law, that the search and seizure was conducted within the scope of the warrant, and that there was probable cause to execute the search based on interviews with former employees and the results of a two-month investigation. Counsel further denied there was any judicial deception and argued that Rodriguez’s application for the warrant did not misrepresent or omit material facts., Claire’s parents testified that the officers’ search of her home was detrimental to her mental health and well-being. Zone Sports Center contended that the execution of the search and seizure of its property resulted in the denial of bank loan applications, which could have saved one of Mr. Barbis’ business and financial ventures. Plaintiffs’ counsel contended that the real estate development company suffered losses of personal property, income from business ventures, and development opportunities. Counsel also contended that as a result of the unlawful search and seizure, and Rodriguez’s press conference, Zone Sports Center’s reputation was destroyed and that former and prospective business partners revoked businesses with the company. Thus, the plaintiffs’ sought recovery of $18 million in total compensatory damages and an unspecified amount of punitive damages against Rodriguez. Rodriguez’s counsel denied that Claire was harmed in any way by the search of her home. Counsel also denied that the execution of the search and seizure had any impact on Zone Sports Center’s business and/or reputation.
COURT
United States District Court, Eastern District, Fresno, CA

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