LAKEPORT >> A motion to dismiss multiple claims in a case involving District 5 Supervisor Rob Brown will be heard Tuesday during a case management conference.
The case regards an alleged altercation that occurred between Brown and plaintiffs Robert and Jan Sanders in 2012, when Brown went to serve civil paperwork at a house located on Buckeye Street in Clearlake.
On Aug. 21, 2012, Clearlake Police responded to a reported assault around 9 p.m. that involved Brown and Sanders, of Clearlake.
A flurry of claims — including elder abuse, fraud, battery, assault, trespassing and intentional emotional distress — were filed as a result of the incident.
Of the original 14 claims, all but two have been dismissed with a sustained demurrer without leave to amend, meaning they cannot be changed in order to remain a part of the case, according to Steven Brown, Rob Brown’s attorney.
With the motion to dismiss filed, the claims will be removed and the case can move forward with the remaining claims of battery and assault.
According to court documents, Robert Sanders “sternly grabbed … Brown by the arm and spun him around.” That is when Rob Brown reportedly punched him one time in self-defense.
However, the Sanders claim Rob Brown was acting in a “hostile and aggressive manner.”
The Sanders also alleged that Rob Brown punched their Labrador retriever in the head, resulting in the dog’s death.
During a prior case management conference, Susan Feeney, who has represented the Sanders in the past, told Judge Stephen Hedstrom that the Sanders are looking for new counsel, but she will remain on the case until a replacement is found.
Rob Brown also denies any intention of causing “unlawful, harmful or offensive touching” or immediate harmful contact with Robert Sanders, the documents continue.
Steven Brown told Hedstrom they are ready for trial and depositions.
The motion to dismiss will be considered during a case management conference at 8:15 a.m. Tuesday in Department 4.
“All the claims like elder abuse and punching a dog will most likely be dismissed,” Steven Brown said. “There are no facts to support the causes of action.”
The case management conference will then focus on the status of the case to determine if it is ready to go to trial.
Contact J. W. Burch, IV at 900-2022.
