oflynn.v.shaw by auweia

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									SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jun-09-2010 10:32 am
Case Number: CGC-10-500580
Filing Date: Jun-07-2010 10:19
Juke Box: 001 Image: 02873919
COMPLAINT
RITA O'FLYNN VS. BEYOND CHRON (A CA LIMITED LIABILITY COMPANY) et al
001C02873919
Instructions:
Please place this sheet on top of the document to be scanned.
CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
-RITA O'FLYNN
1766 UNION STREET, SUITE E
SAN FRANCISCO, CALIFORNIA 94123
FOR COURT USE ONLY
FILED
San Francisco County S'jnen0r court
(415) 386-8483
FAX NO.:
TELEPHONE NO.:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
JUN - 7 2010
street address: 400 McALLISTER STREET
mailing address: 400 McALLISTER STREET
CITY AND ZIP CODE: SAN FRANCISCO 94102
CIVIC CENTER COURTHOUSE
CLERK OF Tl
RT
BY:
BRANCH NAME:
ueputy Clej
CASE NAME:
RITA AUGUST v. BEYOND CHRON
CASE NUMBER:
CIVIL CASE COVER SHEET
I / 1 Unlimited I I Limited
□ :r □ m. h-mos™
(Amount
demanded is
$25,000 or less)
(Amount
demanded
exceeds $25,000)
JUDGE:
Filed with first appearance by defendant
(Cal. Rules of Court, rule 3.402)
DEPT:
Items 1-6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
Auto Tort
I I Auto (22)
I I Uninsured motorist (46)
Other PI/PD/WD (Personal Injury/Property
Damage/Wrongful Death) Tort
I I Asbestos (04)
I I Product liability (24)
I I Medical malpractice (45)
I I Other PI/PD/WD (23)
Non-PI/PD/WD (Other) Tort
I	1 Business tort/unfair business practice (07)
I I Civil rights (08)
I / I Defamation (13)
I I Fraud (16)
I I Intellectual property (19)
I I Professional negligence (25)
I I Other non-PI/PD/WD tort (35)
Contract
I I Breach of contract/Warranty (06)
□ Rule 3.740 collections (09)
I I Other collections (09)
I I Insurance coverage (18)
I I Other contract (37)
Real Property
I I Eminent domain/Inverse
	 condemnation (14)
I I Wrongful eviction (33)
I I Other real property (26)
Provisionally Complex Civil Litigation
(Cal. Rules of Court, rules 3.400-3.403)
I	I	Antitrust/Trade regulation (03)
I	I	Construction defect (10)
I	j	Mass tort (40)
I	I	Securities litigation (28)
I	I	Environmental/Toxic tort (30)
I I Insurance coverage claims arising from the
above listed provisionally complex case
types (41)
Enforcement of Judgment
I I Enforcement of judgment (20)
Miscellaneous Civil Complaint
□ RICO (27)
I I Other complaint (not specified above) (42)
Miscellaneous Civil Petition
I I Partnership and corporate governance (21)
I I Other petition (not specified above) (43)
Unlawful Detainer
I I Commercial (31)
□ Residential (32)
I I Drugs (38)
Judicial Review
I I Asset forfeiture (05)
I I Petition re: arbitration award (11)
I I Writ of mandate (02)
	I I Other judicial review (39)	
2. This case I I is I / I is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a.	I I Large number of separately represented parties
b.	I I Extensive motion practice raising difficult or novel
Employment
I I Wrongful termination (36)
I I Other employment (15)
d.	I I Large number of witnesses
e.	I I Coordination with related actions pending in one or more courts
	in other counties, states, or countries, or in a federal court
f.	I I Substantial postjudgment judicial supervision
3.	Remedies sought (check all that apply): a.I / I monetary b. I I nonmonetary; declaratory or injunctive relief c. (VJ punitive
4.	Number of causes of action (specify): 2
5.	This case I I is I / I is not a class action suit.
6.	If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)
	 issues that will be time-consuming to resolve
c. I I Substantial amount of documentary evidence
Date: JUNE 7, 2010
RITA O'FLYNN
It
(SIGNATURE OF PARTY OS/ATTORNEY FOR PARTY)
(TYPE OR PRINT NAME)
NOTICE
•	Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
•	File this cover sheet in addition to any cover sheet required by local court rule.
•	If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on ail
other parties to the action or proceeding.
•	Unless this is a collections case under rule 3,740 or a complex case, this cover sheet will be used for statistical purposes only. _
Cal, Rules of Court, rules 2.30. 3.220. 3.400-3.403, 3 740,
Cal. Standards of Judicial Adiiiinistralion, std. 3.10
www.couninfo.ce.yov
American LegalNet, inc.
www. Forms Worktiov/.cou*
Form Adopted for Mandatory Use
Judicial Council of California
CM-010 [Rev. July 1,2007]
CIVIL CASE COVER SHEET
PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
— RITA O'FLYNN
1766 UNION STREET, SUITE E
SAN FRANCISCO, CALIFORNIA 94123
Filed
San Francisco County Superior Court
(415) 386-8483
TELEPHONE NO
FAX NO. (Optional):
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
street address: 400 McALLISTER STREET
mailing address: 400 McALLISTER STREET
CITY AND ZIP CODE: SAN FRANCISCO 94102
branch name CIVIC CENTER COURTHOUSE
JUN - 7 2010
CLERK OFp^O
NATT
PY;
Stgrtr
PLAINTIFF: RITA O'FLYNN
p.
defendant: BEYOND CHRON (a CA Limited Liability Company);
and RANDY SHAW (an individual)
I / I DOES 1 TO 20
CASE MANAGEMENT CONFERENCE SK'
NOV-5 2010 9BAN
DEPARTMENT 212
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
I I AMENDED (Number):
Type (check all that apply):
rn MOTOR VEHICLE GO OTHER (specify):
I I Property Damage I I Wrongful Death
I ✓ I Personal Injury I ✓ 1 Other Damages (specify): EXEMPLARY
Jurisdiction (check all that apply):
I I ACTION IS A LIMITED CIVIL CASE
Amount demanded I I does not exceed $10,000
I I exceeds $10,000, but does not exceed $25,0000 Q Q •	. 5 0 0 5 ' 0
m ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
I I ACTION IS RECLASSIFIED by this amended complaint
I I from limited to unlimited
I I from unlimited to limited
CASE NUMBER:
1. Plaintiff (name or names): RITA O'FLYNN
alleges causes of action against defendant (name or names):
BEYOND CHRON; RANDY SHAW
2.	This pleading, including attachments and exhibits, consists of the following number of pages: 7
3.	Each plaintiff named above is a competent adult
a. I ✓ I except plaintiff (name): BEYOND CHRON
(1)	I I a corporation qualified to do business in California
(2)	I v I an unincorporated entity (describe): CALIFORNIA LIMITED LIABILITY COMPANY
(3)	I I a public entity (describe):
(4)	I I a minor I I an adult
(a)	I I for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b)	I I other (specify):
(5)	I I other (specify):
b. I I except plaintiff (name):
(1)	I I a corporation qualified to do business in California
(2)	I I an unincorporated entity (describe):
(3)	I I a public entity (describe):
(4)	I I a minor I I an adult
(a)	I I for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b)	I I other (specify):
(5) I I other (specify):
I I Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Page 1 of 3
Code of Civil Procedure, § 425.12
www courtinfo.ca.gov
J American LegalNot, Inc I
www. Forms Workflow, com
Form Approved for Optional Use
Judicial Council of California
PLD-PI-001 [Rev. January 1, 2007]
COMPLAINT—Personal Injury, Property
Damage, Wrongful Death
PLD-PI-001
CASE NUMBER.
SHORT TITLE:
RITA O'FLYNN v. BEYOND CHRON
4. I I Plaintiff (name):
is doing business under the fictitious name (specify):
and has complied with the fictitious business name laws.
5. Each defendant named above is a natural person
a. I / i except defendant (name): BEYOND CHRON
(1)	| I a business organization, form unknown
(2)	I I a corporation
(3)	I / I an unincorporated entity (describe):
c. I I except defendant (name):
(1)	I I a business organization, form unknown
(2)	I I a corporation
(3)	I I an unincorporated entity (describe):
LIMITED LIABILITY COMPANY
(4) I I a public entity (describe):
(4) I I a public entity (describe):
(5) I I other (specify):
(5) I I other (specify):
d. I I except defendant (name):
(1)	I I a business organization, form unknown
(2)	I I a corporation
(3)	I I an unincorporated entity (describe):
b. I I except defendant (name):
(1)	I I a business organization, form unknown
(2)	I I a corporation
(3)	I I an unincorporated entity (describe):
(4) I I a public entity (describe):
(4) | | a public entity (describe):
(5) I I other (specify):
(5) I I other (specify):
I I Information about additional defendants who are not natural persons is contained in Attachment 5.
6.	The true names of defendants sued as Does are unknown to plaintiff.
a.	I I Doe defendants (specify Doe numbers):	
named defendants and acted within the scope of that agency or employment.
b.	I I Doe defendants (specify Doe numbers):
plaintiff.
7.	I I Defendants who are joined under Code of Civil Procedure section 382 are (names):
were the agents or employees of other
are persons whose capacities are unknown to
8. This court is the proper court because
a.	I I at least one defendant now resides in its jurisdictional area.
b.	I / I the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c.	i / I injury to person or damage to personal property occurred in its jurisdictional area.
d.	I I other (specify):
9. I I Plaintiff is required to comply with a claims statute, and
a.	I I has complied with applicable claims statutes, or
b.	I I is excused from complying because (specify):
COMPLAINT—Personal Injury, Property
Damage, Wrongful Death
PLD-Pf-001 [Rev. January 1, 2007]
Page 2 of 3
PLD-PI-001
CASE NUMBER:
SHORT TITLE:
RITA O'FLYNN v. BEYOND CHRON
10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more
causes of action attached):
a.	| | Motor Vehicle
b.	I I General Negligence
c.	I I Intentional Tort
d.	I I Products Liability
e.	I I Premises Liability
f.	I / I Other (specify):
DEFAMATION
FALSE LIGHT
11. Plaintiff has suffered
a.	I I wage loss
b.	I	I loss of use of property
c.	I	I hospital and medical expenses
d.	I	/ I general damage
e.	I	I property damage
f.	I	I loss of earning capacity
g.	I	I other damage (specify):
12. I I The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a.	I I listed in Attachment 12.
b.	I I as follows:
13. The relief sought in this complaint is within the jurisdiction of this court.
14.	Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a- (1) I J 1 compensatory damages
(2) I / I punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1)	I v I according to proof
(2)	I I in the amount of: $
15.	I I The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Date: H t X-O I O
	/vlTA	OxFL<ta/n
►
f. s
(SIGNATURE OlJPLAINT
(TYPE OR PRINT NAME)
LAINTIFF OR ATTORNEY)
COMPLAINT—Personal Injury, Property
Damage, Wrongful Death
Page 3 of 3
PLD-PI-001 [Rev. January 1, 2007]
1
GENERAL ALLEGATIONS
2
The PLAINTIFF alleges that DEFENDANTS Randy Shaw and Beyond Chron
16 .
3
knowingly and/or negligently published an article containing defamatory and/or false
4
light statements against Rita O'Flynn on or about 11 June 2009. (Exhibit 1). In this
5
"We have previously reported on the deplorable
article, DEFENDANT Shaw states,
6
behavior of landlord Rita O'Flynn, whose violation of a city loan agreement caine to
7
light in her attempted eviction of longtime Sunset District activist Susan Suval. San
8
Francisco City Attorney Dennis Herrera has sued her and her husband over this
9
violation.. . "
10
PLAINTIFF alleges that she has not been sued by San Francisco City
17.
11
Attorney Dennis Herrera and that she was never a party to a city loan agreement.
12
FIRST CAUSE OF ACTION
13
(Defamation)
14
The PLAINTIFF hereby incorporate by reference paragraph 1 through 17
18 .
15
above as though fully set forth herein.
16
PLAINTIFF alleges that the DEFENDANTS knowingly and/or negligently
19 .
17
published or caused to be published an article that contained defamatory statements
18
regarding Rita O'Flynn.
19
PLAINTIFF has suffered damages as a result of this publication.
20 .
20
SECOND CAUSE OF ACTION
21
(False Light)
22
The PLAITNIFF hereby incorporate by reference paragraphs 1 through 20
21.
23
above as though fully set forth herein.
24
PLAINTIFF alleges that the DEFEDANTS knowingly and/or neglectfully caused
22 .
25
to be published an article that contained "False Light" statements regarding Rita
26
0'Flynn.
27
28
Rita O'Flynn v. Beyond Chron Complaint Attachment - 4
PLAINTIFF has suffered damages as a result of this publication.
23.
1
2
PRAYER FOR RELIEF
the PLAINTIFF prays for judgment against the DEFENDANTS for:
Wherefore,
3
As to the First Cause of Action,
the measure of damage which will
24 .
4
compensate for all the detriment proximately caused PLAINTIFF'S defamatory statements
5
including exemplary damages as to be determined by the court.
6
As to the Second Cause of Action,
the measure of damage which will
25.
7
compensate for all the detriment proximately caused PLAINTIFF'S false light
8
including exemplary damages as to be determined by the court.
statements,
9
26.
As to all causes of action, for:
10
PLAINTIFF'S Costs.
11
a.
b. Attorney's fees.
12
c. Such other and further relief as the Court may deem just and
13
14
proper.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Rita 0'Flynn v. Beyond Chron Complaint Attachment - 5
PLD-PI-001(6)
CASE NUMBER:
SHORT TITLE:
RITA O'FLYNN v. BEYOND CHRON
Exemplary Damages Attachment
ATTACHMENT TO I / I Complaint I I Cross - Complaint
6
Page
EX-1. As additional damages against defendant (name):
BEYOND CHRON; RANDY SHAW
Plaintiff alleges defendant was guilty of
I / I malice
I / I fraud
I I oppression
as defined in Civil Code section 3294, and plaintiff should recover, in addition to actual damages, damages
to make an example of and to punish defendant.
EX-2. The facts supporting plaintiffs claim are as follows:
As hereby incorporated by reference to paragraph 1 through 26 of this complaint as though fully
set forth herein.
EX-3. The amount of exemplary damages sought is
a. I X I not shown, pursuant to Code of Civil Procedure section 425.10.
b. □ $
Page 1 of 1
Code of Civil Procedure, §420.12
www.courtinfo.ca.gov
Form Approved for Optional Use
Judicial Council of California
PLD-PI-001(6) [Rev. January 1, 2007)
Exemplary Damages Attachment
American LegalNet, Inc.
www. Forms Workflow.comj
Page 1 of 1
BeyondChron: San Francisco's Alternative Online Daily News
Suval Landlord Threatens Sunset District Nonprofit
by Randy Shaw, 2009-06-11
We have previously reported on the deplorable behavior of landlord Rita O'Flynn, whose violation
of a city loan agreement came to light in her attempted eviction of longtime Sunset District activist
Susan Suval. San Francisco City Attorney Dennis Herrera has sued her and her husband over
this violation, and both that case and the appeal of the trial court eviction ruling against Suval are
pending. Not content to allow the legal system to resolve the disputes, O'Flynn is now threatening
the funding of a Sunset District nonprofit group whose chief connection to Suval is that it serves
as the fiscal agent for a coalition of neighborhood groups she heads. Dawn Stueckle, Executive
Director of Sunset Youth Services, has received a blizzard of public record requests from O'Flynn,
some requesting documents going back fifteen years. And O'Flynn has warned Stueckle that if
she does not respond to the voluminous requests within 3 days, "the matter will be referred to the
Sunshine Ordinance Task Force and all donors will be notified of non-responsiveness to an
inquiry regarding finances."
Because Rita and Mark O'Flynn breached an agreement with the city over a lead paint loan, they
were sued by the City Attorney's Office to recover the $46,000 in question. But Rita O'Flynn has
apparently decided that Susan Suval, and organizations with whom Suval has any connection,
are to blame for her problems, and O'Flynn is now using the public records process as a vehicle
for harassing them.
Something is very wrong here.
The only connections between Suval and Sunset Youth Services, which fosters long-term stability
and growth in high-risk youth and families, are minimal. The group serves as fiscal agent for the
Sunset District Neighborhood Coalition, which Suval currently heads. Sunset Youth Services has
also issued a stipend to Suval for running the Sunset Community Festival.
Since the basis for the City's lawsuit against the O'Flynn's has nothing whatsoever to do with
Suval's volunteer work, these public record requests - which even request the audits of Sunset
Youth Services - cannot uncover information that might bolster their legal position. Instead, it
appears that the O'Flynn's simply want to harass any group helped by Susan Suval, whose only
"crime" was contesting her eviction rather than promptly moving out.
Dawn Stueckle is operating one of the city's most vital organizations during very difficult budget
times. Yet she has been forced to divert attention from her important work to handle immediate
disclosure requests that are based entirely on a landlord's spite and anger.
When I first spoke to Stueckle last week, she was being overwhelmed by O'Flynn's retaliatory
requests. She has since gotten some advice on the sunshine and public records laws acts, and is
dealing with them.
Stueckle does not strike me as someone who is eager to ask for help when she feels she can
take care of matters herself. But San Francisco families need her focusing on their problems, not
the spiteful demands of the O'Flynns, and I am sure that she could use whatever help she can get
to stop this abuse.
Randy Shaw is the Director of the Tenderloin Housing Clinic, whose attorneys represent Susan
Suval and which publishes Beyond Chron.
I
http://quartz.he.net/~beyondch/news/nucleus/plugins/print/print.php?itemid=:7021
6/15/2009

								
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