LAKEPORT >> A case involving District 5 Supervisor Rob Brown may go to trial in July if a settlement isn’t reached.
The case involves 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 followed Brown’s attempt to serve.
Multiple claims, including elder abuse, fraud, battery, assault, trespassing and intentional emotional distress, were filed as a result of the incident. However, during a case management conference on May 19, all but three of the original 14 claims were dismissed with a sustained demurrer, without leave to amend. This means the charges cannot be changed in order to remain a part of the case, according to Steven Brown, Rob Brown’s attorney.
Susan Feeney, who represents the Sanders requested a continuance of the motion to dismiss, but was denied.
The claims were dismissed as a result of insufficient evidence. Assault and battery are the only remaining claims against Rob Brown.
According to court documents, Robert Sanders “sternly grabbed … Brown by the arm and spun him around.” That is when Brown reportedly punched him one time in self-defense.
Despite statements in the court documents and the charges dropped for lack of evidence, the couple claims Brown was acting in a “hostile and aggressive manner.”
Brown denies any intention of causing “unlawful, harmful or offensive touching” or immediate harmful contact with Robert Sanders , according to the reports.
A settlement conference is scheduled for 8:15 a.m. on June 23 in Department 4. If a settlement is not reached the case will go to trial on July 15.
Contact J. W. Burch, IV at 900-2022.
