On July 3, 2008, plaintiff Menachen Shoval claimed that while he was on his land at the 1400 block of Mina De Oro Road in Poway, San Diego County Sheriff Deputy Evan Sobzak falsely arrested and detained him while using excessive force. After Sobzak searched Shoval, he released him. Shoval sued Sobzak and his employer, the county of San Diego. He alleged that Sobzak’s actions constituted excessive force and were a violation of Civil Code § 52.1 by interfering or attempting to interfere by threats, intimidation or coercion with his right to practice his Jewish faith. Shoval claimed that he was practicing his Jewish religion on his land and that Sobzak’s actions were in part due to that. He alleged that Sobzak was trying to force him to leave his property without any legal basis. Shoval also claimed that Sobzak had no reasonable suspicion that he had committed any crime whatsoever, and therefore had no right or reasonable basis for taking him into custody, physically assaulting him and detaining him. Thus, he claimed that Sobzak’s actions were in violation of his civil rights under Civil Code § 52.1, which was supposed to protect him against false arrest, assault and battery, and false imprisonment. In addition, during discovery, Shoval maintained that because of a dispute he had with the city of Poway and the residents who lived along the southern edge of his parcel, Deputy Sobzak was there to shoot him, but was not successful in doing so because when the gun was fired he dodged the bullet. Plaintiff’s counsel noted that he was retained after Shoval’s prior attorney was disciplined. Counsel added that the prior counsel did not designate any expert witnesses and failed to put several family members on the witness list. Thus, the new plaintiff’s counsel sought to continue the trial and vacate all dates, but the judge denied his motion. Counsel then filed a motion for reconsideration, which was not heard by the judge until the day of trial, when the judge again denied the motion even though counsel claimed that provocative medical evidence would lead any reasonably prudent justice to continue the matter at a minimum of 30 days to give counsel time to prepare and review the file. Defense counsel contended that, originally, two deputies responded to a call from an individual who lived in a house on the northeast edge of Shoval’s property, which was a vacant undeveloped parcel of land approximately 120 acres in size. The individual made the called the police to express her concern about a suspicious vehicle being driven at the location and the possibility of equipment theft occurring. The individual thought the landowner’s name was “Manny” and she did not know what type of vehicle the landowner drove. Subsequently, the Sheriff’s helicopter unit, ASTREA, was asked to help search the canyon, as the parcel of land has steep canyon-like terrain, wild brush and trees, is without utilities, and is very dark at night. When Sobzak went to the area to assist in the investigation and approached the parcel from the south on Mina de Oro Road in a Ford sedan patrol car, he entered onto the parcel using a dirt trail. Sobzak claimed that the ASTREA helicopter observer directed him to the area where a truck was located. He claimed that, consequently, a fast approaching truck, which was later discovered to be operated by Shoval, appeared with its headlights on and driving directly at his driver-side door. Sobzak alleged that the truck appeared as though it was going to broadside his vehicle and gravely injure him, even though the reflective sheriff emblem on the patrol car was clearly visible in the headlights of the truck. He claimed that since he was unable to put the car into reverse, he jumped from his patrol car, moved at an angle away from his vehicle and away from the passenger side of the approaching truck, drew his hand gun, and yelled orders at the driver to yield. Sobzak claimed that the truck stopped before impacting the patrol car, but because the trail was slightly elevated and the truck’s headlights shined in his eyes so that he could not see the driver or if the truck had other occupants. However, he alleged that at that moment, his patrol car rolled forward down the trail, causing him to turn his attention away from the suspect truck and run after the patrol car to secure it. Sobzak claimed that when he returned, he encountered the driver of the truck, Shoval, who had gotten out of the vehicle and was yelling at him. Sobzak claimed that as a result, he ordered Shoval to get down on the ground, but the plaintiff did not comply and continued yelling and waving hands erratically. He claimed that after giving repeated orders to get down on the ground, he grabbed hold of Shoval by his shirt and put him on the ground on his stomach. He alleged that Shoval then rolled onto his back and yelled something to the effect of ‘stop trying to kill him’ and to ‘get off his property.’ Sobzak claimed that he then holstered his gun, rolled Shoval back onto stomach and, using a knee pressed on Shoval to keep him from rolling over back onto his back. He alleged that he then handcuffed the plaintiff and checked him for weapons. Defense counsel noted that Shoval stated that, before he was secured, he called his wife and told her that he was being subject to abuse. Sobzak claimed that after Shoval was handcuffed, he cleared the truck for suspects, and then assisted Shoval to his feet and escorted him to the patrol car, where the plaintiff was detained for investigation. Defense counsel noted that Sobzak’s acting sergeant at the time arrived at the scene, as did one of the responding deputies, after Shoval was placed in Sobzak’s patrol car. Counsel contended that while detained, Shoval was heard yelling in a language foreign to the deputies, and appeared upset and acting irrationally. Defense counsel noted that Shoval accused Sobzak of shooting at him, but that Sobzak firearm was checked at the scene of the detention, no rounds were found to be missing and there was no smell of discharged gunpowder about the gun. Counsel also contended that no muzzle flash was seen by ASTREA and no sound of gun fire was heard by any of the responding units. After investigating the suspected criminal situation that prompted the call by the reporting individual, no arrest or citation was issued to Shoval on that matter. However, defense counsel contended that the manner in which Shoval drove his truck at Sobzak’s patrol car, which was clearly identifiable as a law enforcement vehicle, did cause Sobzak to believe that he was being attacked with a deadly weapon. Thus, counsel contended that there was reasonable suspicion to investigate Shoval’s conduct in this regard and there was even probable cause to believe that an assault had occurred, but it was decided at the scene that Shoval would not be arrested., According to defense counsel, Shoval refused and denied needing medical care at the scene. He was subsequently released and left in the company of his wife, who went to the scene after receiving a call from Shoval. Defense counsel contended that a few hours later, on July 4, 2008, a responding deputy and Sobzak’s acting sergeant returned to the scene in response to a call initially directed to the California Highway Patrol concerning Shoval having been shot and injured. Shoval and his wife were located on the parcel where Shoval’s wife indicated Shoval needed an ambulance. The Poway Fire Department Medical Unit was requested by Sobzak’s acting sergeant, but the ambulance could not navigate the terrain. As a result, the responding deputy gave the medics a ride to Shoval’s location on the parcel. At that time, Shoval told the medics that an injury he had suffered from a prior automobile accident was aggravated when he was stepped on by Sobzak. However, when the medics asked Shoval to get into the patrol car so that he could be driven to the ambulance, he refused, demanding to be carried. As a result, Shoval was put on back board and placed into his wife’s Sport Utility Vehicle as it was only vehicle he and his wife would allow him to be put in. Shoval was then placed in the ambulance and taken to Pomerado Hospital, where he was seen and released. Shoval sought recovery of $10 million in damages for his pain and suffering, degradation, humiliation and emotional distress.