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Gerald Singleton (SBN 208783)
Brody A. McBride (SBN 270852)
Trenton G. Lamere (SBN 272760)
SINGLETON LAW FIRM, APC
450 A Street, 5th Floor
San Diego, CA 92101
P: (619) 771-3473
F: (619) 255-1515
Brody@SLFfirm.com
Trenton@SLFfirm.com
Kevin F. Quinn (SBN 106224)
Brett J. Schreiber (SBN 239707)
J. Domenic Martini (SBN 324064)
THORSNES BARTOLOTTA MCGUIRE LLP
2550 Fifth Avenue, 11th Floor
San Diego, CA 92103
P: (619) 236-9363
F: (619) 236-9653
Kquinn@tbmlawyers.com
Schreiber@tbmlawyers.com
Martini@tbmlawyers.com
Attorneys for Claimant

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CITY OF LA MESA

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MICHELLE HORTON,

)
)
Claimant,
)
)
v.
)
)
CITY OF LA MESA, LA MESA POLICE )
DEPARTMENT, UNKNOWN LA MESA )
POLICE DEPARTMENT OFFICERS,
)
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Respondents.
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)
)
)
)
)
)
)
)
)

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///

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///
CLAIM FOR DAMAGES

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CLAIM FOR DAMAGES PURSUANT
TO CALIFORNIA GOVERNMENT
CODE § 910 AND ALL OTHER CASE
AND STATUTORY LAW THAT MAY
APPLY

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This claim for damages is filed pursuant to California Government Code section

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910. The purpose of this claim is to provide notice to the City of La Mesa, and certain

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of its law-enforcement personnel that, unless this claim is accepted and appropriate

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compensation paid therefor, Claimant intends to file suit for the violation of Claimant’s

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rights under the United States Constitution and for recovery under various federal and

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California state laws.

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1.

Names of Claimant: Michelle Horton.

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2.

Address/Where Notices to Be Sent: Singleton Law Firm, APC; 450 A

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Street, 5th Floor, San Diego, CA 92101; c/o Brody A. McBride and Trenton G. Lamere.
3.

Description of Occurrence from Which Claim Arises: On or about May

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30, 2020, Claimant was physically injured in a drive-by shooting by a currently

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unknown La Mesa Police Department (“LMPD”) law-enforcement officer(s). After

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peacefully demonstrating in La Mesa, Claimant was standing on a public sidewalk,

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preparing to leave the area with her children. Without warning, a LMPD vehicle drove

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by, and an unknown LMPD officer fired from the moving vehicle on Claimant. A “less

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lethal” ammunition round, likely a rubber bullet, struck Claimant’s torso, causing serious

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physical injury.

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Based on the foregoing, unless this claim is accepted and appropriate

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compensation is paid therefor, Claimant intends to assert the following causes of action

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against the City of La Mesa and the individuals named herein:

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a.

Violation of Claimant’s rights under the United States Constitution

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(pursuant to 42 U.S.C. § 1983 and Monell v. Department of Social Services

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of the City of New York, 436 U.S. 658 (1978));

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b.

Negligence;

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c.

Negligent supervision and training;

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d.

Claim under California’s Bane Act (pursuant to California Civil Code §
52.1);

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e.

Battery; and

CLAIM FOR DAMAGES

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f.

Intentional infliction of emotional distress.

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4.

Description of Injuries:

Physical and emotional injuries, along with

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medical and legal expenses, fees, and costs. Claimant thus seeks economic and non-

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economic damages to compensate for these injuries.

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5.

Identity of Public Employees Involved: To date, Claimant is unaware of

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the specific La Mesa Police Department personnel that were involved in the incident

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giving rise to this claim, as this information is in the custody and possession of the La

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Mesa Police Department.

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6.

Estimate of Claim: Claimant has sustained damages in an amount within

the jurisdiction of the California Superior Court, and in excess of its limited jurisdiction.
7.

Deficiency in Claim: If this claim fails to comply in any respect with any

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requirements of California Government Code sections 910 or 910.2, you are required to

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provide written notice of the insufficiency pursuant to section 910.8 of the same code.

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Respectfully submitted,

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SINGLETON LAW FIRM, APC

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Dated: July 15, 2020

By:

________________________

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Brody A. McBride

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Trenton G. Lamere
Attorneys for Claimants

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CLAIM FOR DAMAGES

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