Chaffee v. San Francisco Library Commission et al

Filing 4

ANSWER to 1 Complaint FOR DAMAGES by City and County of San Francisco, San Francisco Library Commission. (Steeley, Tara) (Filed on 10/27/2010) Modified on 10/27/2010 (far, COURT STAFF).

1
2
3
4
5
6
7
8

DENNIS J. HERRERA, State Bar #139669
City Attorney
WAYNE SNODGRASS, State Bar #148137
TARA M. STEELEY, State Bar #231775
Deputy City Attorneys
City Hall, Room 234
1 Dr. Carlton B. Goodlett Place
San Francisco, California 94102-4682
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Defendants
SAN FRANCISCO LIBRARY COMMISSION AND
CITY AND COUNTY OF SAN FRANCISCO

9
10
11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13

JAMES CHAFFEE,

14

Plaintiff,

15

vs.

16
17
18

SAN FRANCISCO LIBRARY
COMMISSION, CITY AND COUNTY OF
SAN FRANCISCO, and DOES 1 through 20,
inclusive,
Defendants.

19
20
21
22
23
24
25
26
27
28
ANSWER
CASE NO. CV10-4521 VRW

Case No. CV10-4521 VRW
ANSWER TO COMPLAINT FOR DAMAGES

1

On behalf of themselves and no other persons or entities, Defendants San Francisco Library

2

Commission and City And County Of San Francisco (collectively, "Defendants") hereby answer and

3

respond to the Complaint for Damages ("Complaint"), as follows:

4
5
6

1.

Answering the allegations of paragraph one, Defendants lack knowledge or information

sufficient to form a belief as to the allegations in paragraph one, and deny the same on that basis.
2.

Answering the allegations of paragraph two, Defendants admit that the San Francisco

7

Library Commission is a department of the City and County of San Francisco whose powers and

8

duties are set forth in the City Charter and other applicable laws. Except as expressly admitted, the

9

allegations are denied.

10

3.

Defendants deny each and every allegation in paragraph three.

11

4.

Answering the allegations of paragraph four, Defendants lack knowledge or

12

information sufficient to form a belief as to the allegations in paragraph four, and deny the same on

13

that basis.

14

5.

Defendants deny each and every allegation in paragraph five.

15

6.

Defendants deny each and every allegation in paragraph six.

16

7.

Defendants deny each and every allegation in paragraph seven.

17

8.

Answering the allegations of paragraph eight, Defendants admit that the Library

18

Commission holds regular and special meetings. Defendants deny the remaining allegations of

19

paragraph eight.

20

9.

Defendants deny each and every allegation in paragraph nine.

21

10.

Defendants deny each and every allegation in paragraph ten.

22

11.

Answering the allegations of paragraph eleven, Defendants admit that some entities

23

who are not speaking as members of the public and are not similarly situated to Plaintiff are allowed to

24

use computerized graphic displays at Library Commission meetings. Defendants admit that Plaintiff,

25

like all other members of the public, is not allowed to use computerized graphic displays during the

26

public comment portion of Library Commission meetings. Unless expressly admitted, Defendants

27

deny the allegations of paragraph eleven.

28

12.

Defendants deny each and every allegation in paragraph twelve.

ANSWER
CASE NO. CV10-4521 VRW

1

1

13.

Defendants deny each and every allegation in paragraph thirteen.

2

14.

Defendants deny each and every allegation in paragraph fourteen.

3

15.

Defendants deny each and every allegation in paragraph fifteen.

4

16.

Answering the allegations of paragraph sixteen, Defendants deny that Plaintiff has

5

suffered any harm as a result of Defendants conduct. On that basis, Defendants deny each and every

6

allegation in paragraph sixteen.

7

17.

Defendants deny each and every allegation in paragraph seventeen.

8

18.

Defendants deny each and every allegation in paragraph eighteen.

9

19.

Answering the allegations of paragraph nineteen, Defendants deny that Plaintiff has

10

suffered any harm related to the allegations set forth in the Complaint. On that basis, Defendants deny

11

each and every allegation in paragraph nineteen.

12

20.

Defendants deny each and every allegation in paragraph twenty.

13

21.

Defendants deny each and every allegation in paragraph twenty-one.

14

22.

Defendants deny each and every allegation in paragraph twenty-two.

15

23.

Answering the allegations of paragraph twenty-three, Defendants deny that Plaintiff has

16

suffered any harm related to the allegations set forth in the Complaint. On that basis, Defendants deny

17

each and every allegation in paragraph twenty-three.
24.

18

Answering the allegations of paragraph twenty-four, Defendants deny that Plaintiff is

19

entitled to attorneys fees for bringing this action. Defendants deny any remaining allegations

20

contained in paragraph twenty-four.
25.

21

Answering the allegations of paragraph twenty-five, Defendants deny that Defendants'

22

policies and practices violate any of Plaintiff's rights. Defendants admit that Plaintiff contends

23

otherwise in his Complaint. Except as expressly admitted, the allegations of paragraph twenty-five are

24

denied.
26.

25

Answering the allegations of paragraph twenty-six, Defendants deny that Defendants'

26

policies and practices violate any of Plaintiff's rights. Defendants admit that Plaintiff contends

27

otherwise in his Complaint. Except as expressly admitted, the allegations of paragraph twenty-six are

28

denied.
ANSWER
CASE NO. CV10-4521 VRW

2

1

27.

Answering the allegations of paragraph twenty-seven, Defendants deny that there is any

2

uncertainty as to whether Defendants' policies and actions described in the Complaint comply with the

3

law. On that basis, the allegations of paragraph twenty-seven are denied.
AFFIRMATIVE DEFENSES

4
5
6
7
8

Defendants state the following affirmative defenses without assuming or admitting that it bears
the burden of proof as to any of them.
1.

The Complaint should be denied, in whole or in part, because Plaintiff has failed to

state a claim on which relief can be granted.

9

2.

The Complaint is barred, in whole or in part, by laches or mootness.

10

3.

The Complaint is barred, in whole or in part, by the doctrines of waiver and/or estoppel.

11

4.

The Complaint is barred, in whole or in part, because plaintiff has failed to comply with

12
13

the applicable statute(s) of limitations.
5.

Defendants presently have insufficient knowledge or information on which to form a

14

belief as to whether they may have additional, as yet unstated, defenses available. Defendants reserve

15

the right to assert additional defenses in the event that discovery indicates that they would be

16

appropriate.
PRAYER

17
18

WHEREFORE, Defendants pray for judgment as follows:

19

1.

That Plaintiff takes nothing from Defendants by his Complaint.

20

2.

That Plaintiff's suit be dismissed with prejudice and judgment entered in favor of

21
22
23

Defendants.
3.

That Defendants be awarded its costs of suit, including reasonable attorneys fees,

incurred in defense of this action.

24
25
26
27
28
ANSWER
CASE NO. CV10-4521 VRW

3

4.

1
2

That Defendants be granted such other and further relief as the Court deems just and

proper.

3
4

Dated: October 27, 2010

5

DENNIS J. HERRERA
City Attorney
WAYNE SNODGRASS
TARA M. STEELEY
Deputy City Attorneys

6
7
8
By:

9

/s/Tara M. Steeley
TARA M. STEELEY

10
Attorneys for Defendants
SAN FRANCISCO LIBRARY COMMISSION AND
CITY AND COUNTY OF SAN FRANCISCO

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ANSWER
CASE NO. CV10-4521 VRW

4

PROOF OF SERVICE

1
2
3
4
5
6
7
8
9

I, HOLLY TAN, declare as follows:
I am a citizen of the United States, over the age of eighteen years and not a party to the aboveentitled action. I am employed at the City Attorney’s Office of San Francisco, City Hall, Room 234, 1
Dr. Carlton B. Goodlett Place, San Francisco, CA 94102.
On October 27, 2010, I served the following document(s):
ANSWER TO COMPLAINT FOR DAMAGES
on the following persons at the locations specified:
JAMES CHAFFEE
In Pro Per
63 Stoneybrook Avenue
San Francisco, CA 94112
Telephone: [phone]

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

in the manner indicated below:
BY UNITED STATES MAIL: Following ordinary business practices, I sealed true and correct copies of
the above documents in addressed envelope(s) and placed them at my workplace for collection and mailing with
the United States Postal Service. I am readily familiar with the practices of the San Francisco City Attorney's
Office for collecting and processing mail. In the ordinary course of business, the sealed envelope(s) that I placed
for collection would be deposited, postage prepaid, with the United States Postal Service that same day.
BY PERSONAL SERVICE: I sealed true and correct copies of the above documents in addressed
envelope(s) and caused such envelope(s) to be delivered by hand at the above locations by a professional
messenger service. A declaration from the messenger who made the delivery
is attached or
will be
filed separately with the court.
BY OVERNIGHT DELIVERY: I sealed true and correct copies of the above documents in addressed
envelope(s) and placed them at my workplace for collection and delivery by overnight courier service. I am
readily familiar with the practices of the San Francisco City Attorney's Office for sending overnight deliveries. In
the ordinary course of business, the sealed envelope(s) that I placed for collection would be collected by a courier
the same day.

BY FACSIMILE: Based on a written agreement of the parties to accept service by fax, I transmitted true and
correct copies of the above document(s) via a facsimile machine at telephone number Fax #[phone] to the
persons and the fax numbers listed above. The fax transmission was reported as complete and without error. The
transmission report was properly issued by the transmitting facsimile machine, and a copy of the transmission
report
is attached or
will be filed separately with the court.

I declare under penalty of perjury pursuant to the laws of the State of California that the
foregoing is true and correct.
Executed October 27, 2010, at San Francisco, California.
/s/Holly Tan
HOLLY TAN

26
27
28
ANSWER
CASE NO. CV10-4521 VRW

5