Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 1 of 108 1 2 3 4 5 6 7 8 JOSEPH W. COTCHETT (SBN 36324) jcotchett@cpmlegal.com EMANUEL B. TOWNSEND (SBN 305373) etownsend@cpmlegal.com TAMARAH P. PREVOST (SBN 313422) tprevost@cpmlegal.com COTCHETT, PITRE & McCARTHY, LLP 840 Malcolm Road Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-0577 Counsel for Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports & Entertainment 9 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 OAKLAND DIVISION 14 15 ALAN STRICKLAND, an individual; and KELLY STRICKLAND, an individual, 16 Plaintiffs, 17 v. 18 1. MASAI UJIRI, an individual; 19 2. TORONTO RAPTORS, a business entity; 20 21 22 23 24 25 3. MAPLE LEAF SPORTS & ENTERTAINMENT, a business entity; Case No. 4:20-cv-000981-YGR DECLARATION OF TAMARAH P. PREVOST IN SUPPORT OF MOTION FOR LEAVE TO AMEND ANSWER TO ADD COUNTERCLAIM OF UJIRI Date: Time: Courtroom: Judge: Tuesday, September 22, 2020 2:00 p.m. 1, 19th Floor Hon. Yvonne Gonzalez Rogers 4. NATIONAL BASKETBALL ASSOCIATION, INC.; and DOES 1 through 100, inclusive Defendants. 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DECLARATION OF TAMARAH PREVOST ISO DEFENDANTS’ MOTION FOR LEAVE TO FILE AMENDED JOINT ANSWER AND COUNTERCLAIM OF UJIRI; Case No. 4:20-cv-000981-YGR Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 2 of 108 DECLARATION OF TAMARAH PREVOST 1 2 3 I, TAMARAH P. PREVOST, declare as follows: 1. I am an attorney duly licensed to practice law in the State of California and admitted to 4 practice in this Court. I am a partner with the law firm of Cotchett, Pitre & McCarthy, LLP (“CPM”) 5 and Counsel for Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports & Entertainment 6 (“Defendants”) in this litigation. The matters described herein are based on my personal knowledge, 7 and if called as a witness, I could and would testify competently thereto. 8 9 10 11 12 2. I make this Declaration in support of Defendants’ Motion for Leave to File Amended Joint Answer and Counterclaim. 3. Attached hereto as Exhibit A is Defendants’ proposed Amended Answer to Add Counterclaim. 4. Attached hereto as Exhibit B is a redlined version, comparing Defendants’ proposed 13 amended Joint Answer and Counterclaim, with Defendants’ original Joint Answer, pursuant to the 14 Court’s Standing Order in Civil Cases, ¶ 12. To summarize, the only amendments made are to add 15 Defendants’ Counterclaim. 16 17 18 19 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 18th day of August, 2020 at Burlingame, California. /s/ Tamarah P. Prevost TAMARAH P. PREVOST 20 21 22 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DECLARATION OF TAMARAH PREVOST ISO DEFENDANTS’ MOTION FOR LEAVE TO FILE AMENDED JOINT ANSWER AND COUNTERCLAIM OF UJIRI; Case No. 4:20-cv-000981-YGR 1 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 3 of 108 1 2 3 4 5 6 7 8 JOSEPH W. COTCHETT (SBN 36324) jcotchett@cpmlegal.com EMANUEL B. TOWNSEND (SBN 305373) etownsend@cpmlegal.com TAMARAH P. PREVOST (SBN 313422) tprevost@cpmlegal.com COTCHETT, PITRE & McCARTHY, LLP 840 Malcolm Road Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-0577 Attorneys for Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports & Entertainment 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 OAKLAND DIVISION 13 14 15 16 17 18 19 20 ALAN STRICKLAND, an individual; and KELLY STRICKLAND, an individual, v. Plaintiffs, 1. MASAI UJIRI, an individual; 2. TORONTO RAPTORS, a business entity; 3. MAPLE LEAF SPORTS & ENTERTAINMENT, a business entity; 4. NATIONAL BASKETBALL ASSOCIATION, INC.; and DOES 1 through 100, inclusive 21 Case No. 4:20-cv-000981-YGR DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM OF UJIRI DEMAND FOR JURY TRIAL Defendants. 22 23 MASAI UJIRI, an individual, Defendant/Counterclaimant, 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP v. ALAN STRICKLAND, an individual, Plaintiff/Counterdefendant. DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM OF UJIRI; Case No. 4:20-cv-000981-YGR Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 4 of 108 TABLE OF CONTENTS 1 Page No. 2 3 DEFENDANTS’ JOINT ANSWER 4 I. DEFENDANTS’ INTRODUCTORY STATEMENT ........................................................... 1 5 II. PLAINTIFFS’ COMPLAINT ................................................................................................. 2 6 PARTIES .................................................................................................................................... 2 7 JURISDICITON AND VENUE ................................................................................................. 3 8 FACTS COMMON TO ALL CAUSES OF ACTION ............................................................... 3 9 CAUSES OF ACTION ............................................................................................................. 5 10 FIRST CAUSE OF ACTION ..................................................................................................... 5 11 SECOND CAUSE OF ACTION ................................................................................................ 6 12 THIRD CAUSE OF ACTION .................................................................................................... 7 13 FOURTH CAUSE OF ACTION ................................................................................................ 8 14 FIFTH CAUSE OF ACTION ..................................................................................................... 9 15 SIXTH CAUSE OF ACTION .................................................................................................... 9 16 PRAYER FOR RELIEF ........................................................................................................... 10 17 ♼ III. IV. DEFENDANTS’ AFFIRMATIVE DEFENSES .................................................................. 10 18 FIRST AFFIRMATIVE DEFENSE ......................................................................................... 10 19 SECOND AFFIRMATIVE DEFENSE .................................................................................... 10 20 THIRD AFFIRMATIVE DEFENSE ........................................................................................ 11 21 FOURTH AFFIRMATIVE DEFENSE .................................................................................... 11 22 FIFTH AFFIRMATIVE DEFENSE ......................................................................................... 11 23 SIXTH AFFIRMATIVE DEFENSE ........................................................................................ 11 24 SEVENTH AFFIRMATIVE DEFENSE.................................................................................. 11 25 EIGHTH AFFIRMATIVE DEFENSE ..................................................................................... 11 26 NINTH AFFIRMATIVE DEFENSE ....................................................................................... 12 27 TENTH AFFIRMATIVE DEFENSE ....................................................................................... 12 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR i Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 5 of 108 1 ELEVENTH AFFIRMATIVE DEFENSE ............................................................................... 12 2 ADDITIONAL DEFENSES ..................................................................................................... 12 3 V. 4 DEMAND FOR JURY TRIAL.......................................................................................................... 13 5 COUNTERCLAIMS .......................................................................................................................... 14 6 7 8 9 10 11 DEFENDANTS' COUNTERCLAIMS I. INTRODUCTION .................................................................................................................. 14 II. JURISDICTION AND VENUE............................................................................................. 15 III. PARTIES ................................................................................................................................. 15 IV. FACTUAL ALLEGATIONS ................................................................................................. 15 12 13 14 15 16 17 18 19 20 21 22 23 24 VI. A. The 11-Second Encounter............................................................................................. 16 B. Deputy Strickland Falsifies the Encounter and Attempts to Portray Mr. Ujiri as the Initial Aggressor and an Inherently Violent Individual ................................................ 18 1. Strickland’s Description of the Encounter Has Already Been Refuted by Testimonial, Video, and Documentary Evidence ............................................. 18 2. Mr. Strickland Has a History of Committing Fraud ......................................... 26 3. Sergeant Ray Kelly Pushes Strickland’s False Narrative ................................. 26 COUNTERCLAIMS .............................................................................................................. 28 FIRST COUNTERCLAIM Fourth Amendment—Excessive Force (42 U.S.C. § 1983) (Masai Ujiri against Alan Strickland) ........................................................................... 28 SECOND COUNTERCLAIM Assault (Masai Ujiri against Alan Strickland) ........................................................................... 29 THIRD COUNTERCLAIM Battery (Masai Ujiri against Alan Strickland) ........................................................................... 30 26 FOURTH COUNTERCLAIM Intentional Infliction of Emotional Distress (Masai Ujiri against Alan Strickland) ........................................................................... 31 27 PRAYER FOR RELIEF ON COUNTERCLAIMS ........................................................................ 32 25 ♼ DEFENDANTS’ PRAYER FOR RELIEF ........................................................................... 13 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR ii Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 6 of 108 1 DEMAND FOR JURY TRIAL ON COUNTERCLAIMS.............................................................. 32 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR iii Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 7 of 108 1 Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports & Entertainment (collectively 2 referred to herein as “Defendants”) by and through their undersigned counsel, in response to the 3 Complaint of Alan Strickland and Kelly Strickland (“Plaintiffs”) answer Plaintiffs’ Complaint 4 (“Complaint”) as follows: 5 I. 1. 6 DEFENDANTS’ INTRODUCTORY STATEMENT Masai Ujiri is President of Basketball Operations (“President”) for the Toronto Raptors 7 (“Raptors”). On June 13, 2019, the Raptors defeated the Golden State Warriors in Game 6 of the 8 National Basketball Association (“NBA”) Finals, at Oracle Arena in Oakland, California. By winning 9 Game 6, the Raptors were crowned NBA champions. 2. 10 When an NBA team wins the championship, it is customary for NBA executives, like 11 Mr. Ujiri, to join their team on the court to accept the championship trophy from the Commissioner of 12 the NBA and to give a live on-camera interview. On June 13, 2019, Mr. Ujiri watched the game’s final 13 moments from the tunnel that leads to the players’ locker room at Oracle Arena. He then walked from 14 the tunnel out to the arena floor where he met and embraced his wife who was sitting in the section 15 reserved for the Raptors’ family and friends. After embracing his wife, Mr. Ujiri then proceeded 16 towards the court where he expected to meet the Raptors’ players and coaches. 3. 17 As Mr. Ujiri attempted to make his way onto the court to join his team and fulfill his 18 duties as Raptors’ President, he encountered Plaintiff Alan Strickland. Mr. Strickland was working as 19 a security guard at the game. As Mr. Ujiri attempted to enter the court, Mr. Strickland assaulted him, 20 forcefully shoving him back once and then twice. Mr. Ujiri then shoved Mr. Strickland in the chest. 21 Other than the shoves, the two men did not have any further physical contact with each other. The 22 entire encounter between Mr. Strickland and Mr. Ujiri was brief. Mr. Ujiri was eventually escorted to 23 the court where he joined his team, accepted the championship trophy, and gave a live on camera 24 interview. 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 1 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 8 of 108 II. 1 PLAINTIFFS’ COMPLAINT PARTIES 2 3 Answering the allegations contained in Paragraph 1 of the Complaint, Defendants lack 4 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 5 and on that basis deny each and every allegation contained therein. 6 7. Answering the allegations contained in Paragraph 2 of the Complaint, Defendants lack 7 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 8 and on that basis deny each and every allegation contained therein. 9 10 11 8. Answering the allegations contained in Paragraph 3 of the Complaint, Defendants admit that Masai Ujiri is an individual adult and natural person residing in Toronto, Canada. 9. Answering the allegations contained in Paragraph 4 of the Complaint, Defendants admit 12 the Toronto Raptors are a business entity. Defendants further admit the Toronto Raptors has its 13 principal place of business in Canada. 14 10. Answering the allegations contained in Paragraph 5 of the Complaint, Defendants admit 15 Maple Leaf Sports & Entertainment is a business entity. Defendants further admit Maple Leaf Sports 16 & Entertainment has its principal place of business in Canada. 17 11. Answering the allegations contained in Paragraph 6 of the Complaint, Defendants admit 18 the National Basketball Association is a membership association that operates a professional basketball 19 league consisting of thirty members and their member teams, with its principal place of business in 20 New York, New York. 21 12. Answering the allegations contained in Paragraph 7 of the Complaint, Defendants lack 22 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 23 and on that basis deny each and every allegation contained therein. 24 25 26 27 ♼ 6. 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP 13. Answering the allegations contained in Paragraph 8 of the Complaint, Defendants deny each and every allegation contained therein. 14. Answering the allegations contained in Paragraph 9 of the Complaint, Defendants deny each and every allegation contained therein. DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 2 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 9 of 108 15. 1 2 Answering the allegations contained in Paragraph 10 of the Complaint, Defendants deny each and every allegation contained therein. JURISDICITON AND VENUE 3 16. 4 Answering the allegations contained in Paragraph 11 of the Complaint, Defendants deny 5 the amount in controversy exceeds the value of $75,000.00. Defendants further aver they did not cause 6 any injury or damage to Plaintiffs, and therefore, the amount in controversy is zero. 17. 7 Answering the allegations contained in Paragraph 12 of the Complaint, Defendants deny 8 the Northern District of California is the proper venue for this matter because the amount in controversy 9 is zero. FACTS COMMON TO ALL CAUSES OF ACTION 10 18. 11 Answering the allegations contained in Paragraph 13 of the Complaint, Defendants 12 incorporate by reference their answers to Paragraphs 1 through 12, inclusive, as though fully set forth 13 herein. 14 15 16 19. Answering the allegations contained in Paragraph 14 of the Complaint, Defendants deny each and every allegation contained therein. 20. Answering the allegations contained in Paragraph 15 of the Complaint, Defendants deny 17 Plaintiffs sustained any personal injuries or damages arising from an incident involving Plaintiff Alan 18 Strickland and any of the Defendants named in the Complaint. Defendants admit Masai Ujiri 19 encountered Plaintiff Alan Strickland at or around 9:00 P.M. on June 13, 2019 at Oracle Arena in 20 Oakland, California. 21 21. Answering the allegations contained in Paragraph 16 of the Complaint, Defendants lack 22 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 23 and on that basis deny each and every allegation contained therein. 24 22. Answering the allegations contained in Paragraph 17 of the Complaint, Defendants lack 25 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 26 and on that basis deny each and every allegation contained therein. 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 3 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 10 of 108 1 23. Answering the allegations contained in Paragraph 18 of the Complaint, Defendants lack 2 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 3 and on that basis deny each and every allegation contained therein. 4 24. Answering the allegations contained in Paragraph 19 of the Complaint, Defendants lack 5 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 6 and on that basis deny each and every allegation contained therein. 7 25. Answering the allegations contained in Paragraph 20 of the Complaint, Defendants 8 admit Masai Ujiri was wearing a suit and necktie when he encountered Plaintiff Alan Strickland on 9 June 13, 2019 at Oracle Arena. Defendants lack sufficient knowledge or information to form a belief 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 as to the truth of the remaining allegations in Paragraph 20. 26. Answering the allegations contained in Paragraph 21 of the Complaint, Defendants deny each and every allegation contained therein. 27. Answering the allegations contained in Paragraph 22 of the Complaint, Defendants deny each and every allegation contained therein. 28. Answering the allegations contained in Paragraph 23 of the Complaint, Defendants deny each and every allegation contained therein. 29. Answering the allegations contained in Paragraph 24 of the Complaint, Defendants deny each and every allegation contained therein. 30. Answering the allegations contained in Paragraph 25 of the Complaint, Defendants deny each and every allegation contained therein. 31. Answering the allegations contained in Paragraph 26 of the Complaint, Defendants deny each and every allegation contained therein. 32. Answering the allegations contained in Paragraph 27 of the Complaint, Defendants deny each and every allegation contained therein. 33. Answering the allegations contained in Paragraph 28 of the Complaint, Defendants deny each and every allegation contained therein. 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 4 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 11 of 108 34. 1 2 Answering the allegations contained in Paragraph 29 of the Complaint, Defendants deny each and every allegation contained therein. 35. 3 Answering the allegations contained in Paragraph 30 of the Complaint, Defendants lack 4 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 5 and on that basis deny each and every allegation contained therein. 36. 6 7 Answering the allegations contained in Paragraph 31 of the Complaint, Defendants deny each and every allegation contained therein. 8 III. CAUSES OF ACTION 9 FIRST CAUSE OF ACTION 10 (Assault — Plaintiff ALAN STRICKLAND Against All Defendants, 11 Including DOES 1 through 100) 37. 12 Answering the allegations contained in Paragraph 32 of the Complaint, Defendants 13 incorporate by reference their answers to Paragraphs 1 through 31, inclusive, as though fully set forth 14 herein. 15 16 17 18 19 20 21 22 23 24 25 26 38. Answering the allegations contained in Paragraph 33 of the Complaint, Defendants deny each and every allegation contained therein. 39. Answering the allegations contained in Paragraph 34 of the Complaint, Defendants deny each and every allegation contained therein. 40. Answering the allegations contained in Paragraph 35 of the Complaint, Defendants deny each and every allegation contained therein. 41. Answering the allegations contained in Paragraph 36 of the Complaint, Defendants deny each and every allegation contained therein. 42. Answering the allegations contained in Paragraph 37 of the Complaint, Defendants deny each and every allegation contained therein. 43. Answering the allegations contained in Paragraph 38 of the Complaint, Defendants deny each and every allegation contained therein. 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 5 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 12 of 108 44. 1 2 Answering the allegations contained in Paragraph 39 of the Complaint, Defendants deny each and every allegation contained therein. 3 SECOND CAUSE OF ACTION 4 (Battery — Plaintiff ALAN STRICKLAND Against All Defendants, 5 Including DOES 1 through 100) 45. 6 Answering the allegations contained in Paragraph 40 of the Complaint, Defendants 7 incorporate by reference their answers to Paragraphs 1 through 39, inclusive, as though fully set forth 8 herein. 46. 9 10 deny each and every allegation contained therein. 47. 11 12 48. 49. 50. 51. Answering the allegations contained in Paragraph 46 of the Complaint, Defendants deny each and every allegation contained therein. 52. 21 22 Answering the allegations contained in Paragraph 45 of the Complaint, Defendants deny each and every allegation contained therein. 19 20 Answering the allegations contained in Paragraph 44 of the Complaint, Defendants deny each and every allegation contained therein. 17 18 Answering the allegations contained in Paragraph 43 of the Complaint, Defendants deny each and every allegation contained therein. 15 16 Answering the allegations contained in Paragraph 42 of the Complaint, Defendants deny each and every allegation contained therein. 13 14 Answering the allegations contained in Paragraph 41 of the Complaint, Defendants Answering the allegations contained in Paragraph 47 of the Complaint, Defendants deny each and every allegation contained therein. 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 6 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 13 of 108 1 THIRD CAUSE OF ACTION 2 (Intentional Infliction of Emotional Distress — Plaintiff ALAN STRICKLAND Against All 3 Defendants, 4 Including DOES 1 through 100) 53. 5 Answering the allegations contained in Paragraph 48 of the Complaint, Defendants 6 incorporate by reference their answers to Paragraphs 1 through 47, inclusive, as though fully set forth 7 herein. 54. 8 9 each and every allegation contained therein. 55. 10 11 56. 57. 58. 59. 60. 61. Answering the allegations contained in Paragraph 56 of the Complaint, Defendants deny each and every allegation contained therein. 62. 24 25 Answering the allegations contained in Paragraph 55 of the Complaint, Defendants deny each and every allegation contained therein. 22 23 Answering the allegations contained in Paragraph 54 of the Complaint, Defendants deny each and every allegation contained therein. 20 21 Answering the allegations contained in Paragraph 53 of the Complaint, Defendants deny each and every allegation contained therein. 18 19 Answering the allegations contained in Paragraph 52 of the Complaint, Defendants deny each and every allegation contained therein. 16 17 Answering the allegations contained in Paragraph 51 of the Complaint, Defendants deny each and every allegation contained therein. 14 15 Answering the allegations contained in Paragraph 50 of the Complaint, Defendants deny each and every allegation contained therein. 12 13 Answering the allegations contained in Paragraph 49 of the Complaint, Defendants deny Answering the allegations contained in Paragraph 57 of the Complaint, Defendants deny each and every allegation contained therein. 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 7 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 14 of 108 1 FOURTH CAUSE OF ACTION 2 (Negligence — Plaintiff ALAN STRICKLAND Against MASAI UJIRI, 3 Including DOES 1 through 100) 63. 4 Answering the allegations contained in Paragraph 58 of the Complaint, Defendants 5 incorporate by reference their answers to Paragraphs 1 through 57, inclusive, as though fully set forth 6 herein. 64. 7 8 deny each and every allegation contained therein. 65. 9 10 66. 67. 68. 69. 70. Answering the allegations contained in Paragraph 65 of the Complaint, Defendants deny each and every allegation contained therein. 71. 21 22 Answering the allegations contained in Paragraph 64 of the Complaint, Defendants deny each and every allegation contained therein. 19 20 Answering the allegations contained in Paragraph 63 of the Complaint, Defendants deny each and every allegation contained therein. 17 18 Answering the allegations contained in Paragraph 62 of the Complaint, Defendants deny each and every allegation contained therein. 15 16 Answering the allegations contained in Paragraph 61 of the Complaint, Defendants deny each and every allegation contained therein. 13 14 Answering the allegations contained in Paragraph 60 of the Complaint, Defendants deny each and every allegation contained therein. 11 12 Answering the allegations contained in Paragraph 59 of the Complaint, Defendants Answering the allegations contained in Paragraph 66 of the Complaint, Defendants deny each and every allegation contained therein. 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 8 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 15 of 108 1 FIFTH CAUSE OF ACTION 2 (Negligence — Plaintiff ALAN STRICKLAND Against MASAI UJIRI, TORONTO RAPTORS, 3 MAPLE LEAF SPORTS & ENTERTAINMENT, NATIONAL BASKETBALL ASSOCIATION, 4 INC., Including DOES 1 through 100) 72. 5 6 incorporate by reference their answers to Paragraphs 1 through 66, inclusive, as though fully set forth 7 herein. 73. 8 9 11 74. 75. 76. 77. 78. Answering the allegations contained in Paragraph 73 of the Complaint, Defendants deny each and every allegation contained therein. 79. 20 21 Answering the allegations contained in Paragraph 72 of the Complaint, Defendants deny each and every allegation contained therein. 18 19 Answering the allegations contained in Paragraph 71 of the Complaint, Defendants deny each and every allegation contained therein. 16 17 Answering the allegations contained in Paragraph 70 of the Complaint, Defendants deny each and every allegation contained therein. 14 15 Answering the allegations contained in Paragraph 69 of the Complaint, Defendants deny each and every allegation contained therein. 12 13 Answering the allegations contained in Paragraph 68 of the Complaint, Defendants deny each and every allegation contained therein. 10 Answering the allegations contained in Paragraph 74 of the Complaint, Defendants deny each and every allegation contained therein. SIXTH CAUSE OF ACTION 22 23 (Loss of Consortium — Plaintiff KELLY STRICKLAND Against All Defendants, 24 Including DOES 1 through 100) 80. 25 ♼ Answering the allegations contained in Paragraph 67 of the Complaint, Defendants Answering the allegations contained in Paragraph 75 of the Complaint, Defendants 26 incorporate by reference their answers to Paragraphs 1 through 74, inclusive, as though fully set forth 27 herein. 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 9 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 16 of 108 81. 1 Answering the allegations contained in Paragraph 76 of the Complaint, Defendants lack 2 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 3 and on that basis deny each and every allegation contained therein. 82. 4 5 Answering the allegations contained in Paragraph 77 of the Complaint, Defendants deny each and every allegation contained therein. PRAYER FOR RELIEF 6 83. 7 8 Plaintiffs are entitled to any relief sought in their prayer for relief. 84. 9 10 Answering the allegations contained in Paragraph 78 of the Complaint, Defendants deny To the extent not expressly admitted, denied, or qualified above, Defendants deny each and every remaining allegation of Plaintiffs’ Complaint. 11 IV. DEFENDANTS’ AFFIRMATIVE DEFENSES 12 By alleging the Affirmative Defenses set forth below, Defendants do not agree or concede they 13 bear the burden of proof or the burden of persuasion on any of these issues, whether in whole or in part. 14 For their Affirmative Defenses to the Complaint, Defendants allege as follows: 15 FIRST AFFIRMATIVE DEFENSE 16 (Failure to State a Claim) Plaintiffs’ Complaint, on one or more claims for relief set forth therein, fails to state a claim 17 18 upon which relief can be granted. 19 SECOND AFFIRMATIVE DEFENSE 20 (Lack of Subject Matter Jurisdiction) 21 The claims made in the Complaint are barred, in whole or in part, because the Court lacks 22 subject matter jurisdiction over Plaintiffs’ claims. Defendants have not caused Plaintiff any injury and 23 therefore Plaintiffs cannot establish the amount in controversy exceeds $75,000.00 as required to 24 establish subject matter jurisdiction pursuant to 28 U.S.C. § 1332. 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 10 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 17 of 108 1 THIRD AFFIRMATIVE DEFENSE 2 (Self Defense) 3 The claims made in the Complaint are barred, in whole or in part, because Defendant Masai 4 Ujiri was acting in self-defense when he made physical contact with Plaintiff Alan Strickland and 5 therefore Defendants are not responsible for Plaintiffs’ alleged harm. 6 FOURTH AFFIRMATIVE DEFENSE 7 (Primary Assumption of Risk) 8 9 The claims made in the Complaint are barred, in whole or in part, because Plaintiff Alan Strickland’s alleged injuries arose from a risk inherent in the occupation of security guard. 10 FIFTH AFFIRMATIVE DEFENSE 11 (Comparative Fault) 12 13 The claims made in the Complaint are barred, in whole or in part, because Plaintiff Alan Strickland’s own negligence contributed to his alleged harm. 14 SIXTH AFFIRMATIVE DEFENSE 15 (Waiver) 16 The claims made in the Complaint are barred, in whole or in part, because Plaintiffs have 17 waived their right, if any, to pursue the claims in the Complaint, and each purported cause of action 18 contained therein, by reason of Plaintiffs’ own actions and course of conduct. 19 SEVENTH AFFIRMATIVE DEFENSE 20 (Failure to Mitigate) 21 22 The claims made in the Complaint are barred, in whole or in part, because of Plaintiffs’ failure to mitigate damages, if such damages exist. 23 EIGHTH AFFIRMATIVE DEFENSE 24 (Acts of Plaintiff) 25 The damages, if any, that were allegedly sustained by Plaintiffs as a result of the acts 26 complained of in the Complaint were caused in whole or in part or were contributed to by reason of the 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 11 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 18 of 108 1 acts, omissions, negligence, and/or intentional misconduct of Plaintiffs, its agents, predecessors, and/or 2 related entities. 3 NINTH AFFIRMATIVE DEFENSE 4 (No Causation) The claims made in the Complaint are barred, in whole or in part, because Plaintiffs’ damages, 5 6 if any, were not caused by Defendants. 7 TENTH AFFIRMATIVE DEFENSE 8 (No Damage) 9 Without admitting that the Complaint states a claim, there has been no damage in any amount, 10 manner or at all by reason of any act alleged against Defendants in the Complaint, and the relief prayed 11 for in the Complaint therefore cannot be granted. 12 ELEVENTH AFFIRMATIVE DEFENSE 13 (Unclean Hands) The claims made in the Complaint are barred, in whole or in part, by the doctrine of unclean 14 15 hands. ADDITIONAL DEFENSES 16 Defendants reserve the right to assert additional defenses based on information learned or 17 18 obtained during discovery. 19 20 21 22 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 12 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 19 of 108 V. 1 DEFENDANTS’ PRAYER FOR RELIEF 2 WHEREFORE, Defendants pray this Court enter judgment as follows: 3 1. That Plaintiffs take nothing by their Complaint; 4 2. For judgment in favor of Defendants; and 5 4. For such other and further relief as this Court deems just and proper; including 6 costs and any other monies to which Defendants are entitled. 7 8 Dated: August 19, 2020 9 COTCHETT, PITRE & McCARTHY, LLP By: 10 11 /s/ Joseph W. Cotchett JOSEPH W. COTCHETT EMANUEL B. TOWNSEND TAMARAH P. PREVOST Attorneys for Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports & Entertainment 12 13 14 15 16 DEMAND FOR JURY TRIAL Defendants demand trial by jury on all issues so triable. 17 18 19 20 21 22 23 Dated: August 19, 2020 COTCHETT, PITRE & McCARTHY, LLP By: /s/ Joseph W. Cotchett JOSEPH W. COTCHETT EMANUEL B. TOWNSEND TAMARAH P. PREVOST Attorneys for Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports & Entertainment 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 13 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 20 of 108 COUNTERCLAIMS 1 2 I. 1. 3 Alameda County Sheriff’s deputy Alan Strickland is perpetrating a fraud against Masai 4 Ujiri, the Toronto Raptors, the NBA, and the California Division of Workers’ Compensation by falsely 5 claiming he was injured during a brief encounter with Toronto Raptors’ President, Masai Ujiri, after 6 Game 6 of the NBA Finals. There is, however, no objective evidence to support Mr. Strickland’s 7 alleged injuries and video evidence, including footage from Mr. Strickland’s body camera, 1 shows Mr. 8 Strickland subjected Mr. Ujiri to an unprovoked and unnecessary use of excessive force. 2. 9 In fact, Mr. Strickland’s version of the 11 second encounter he had with Mr. Ujiri 10 after Game 6 is, in all material respects, a complete fabrication. Sadly, Mr. Strickland’s dishonest 11 account of the encounter is a narrative that has become somewhat familiar: a law enforcement officer 12 using their position, engages in unjustified violence against a peaceful individual, then lies about the 13 encounter by characterizing the victim as the aggressor. To be sure, the great majority of law 14 enforcement officers do not conduct themselves in this way. Mr. Strickland, however, has chosen 15 dishonesty over integrity. Motivated by greed (and perhaps revenge), Mr. Strickland continues to lie 16 about his encounter with Mr. Ujiri in an attempt to support his frivolous lawsuit. 3. 17 In this case, Mr. Strickland has not only falsified facts relating to nearly every aspect 18 of the encounter, he has also falsely alleged that Mr. Ujiri has a stereotypical “predisposition and 19 propensity for physical violence.” Mr. Strickland has promulgated disparaging and dehumanizing 20 lies about Mr. Ujiri’s character in an attempt to justify Mr. Strickland’s wrongdoing. As discussed 21 below, however, video footage and a number of eyewitness accounts establish that Mr. Ujiri was the 22 victim of Mr. Strickland’s intentional conduct and that Mr. Strickland used unnecessary violence and 23 profanity to escalate what should have been a peaceful encounter. 4. 24 Mr. Strickland has brought a frivolous lawsuit against Mr. Ujiri, the Toronto Raptors, 25 and the NBA claiming he was permanently injured when Mr. Ujiri “punched” him in the face. This 26 is a lie. There is no objective medical evidence or other evidence that supports Mr. Strickland’s 27 ♼ INTRODUCTION 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP Footage from Mr. Strickland’s Body Camera and the Oracle Arena security footage are attached hereto as Exhibit 1 (https://cpmlegal.sharefile.com/d-s8f21d1caa55424ab). 1 DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 14 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 21 of 108 1 claim that Mr. Ujiri punched him in the face. Additionally, three (3) eyewitnesses, all of whom were 2 within mere feet of the encounter, and who can be seen in Mr. Strickland’s body camera footage, 3 have declared under penalty of perjury that Mr. Ujiri did not punch or even touch Mr. Strickland’s 4 face during the encounter. 5. 5 6 unanswered. Mr. Ujiri brings counterclaims against Mr. Strickland for his use of unnecessary force 7 against Mr. Ujiri and other claims. Through his counterclaims, Mr. Ujiri seeks nominal and punitive 8 damages. 9 II. JURISDICTION AND VENUE 6. 10 This action arises under Title 42 United States Code section 1983. Jurisdiction is 11 conferred upon this court by Title 28 United States Code sections 1331, 1343 and 1367. The unlawful 12 acts and practices alleged herein occurred in Alameda County, California, which is within this judicial 13 district. Venue is conferred upon this court by Title 28 United States Code section 1391(b). 7. 14 The Court has supplemental jurisdiction over Counterclaimants’ state law claims 15 pursuant to Title 28 United States Code section 1367(a). 16 III. 18 PARTIES 8. 17 At all times herein mentioned, Plaintiff/Counterdefendant Alan Strickland was, and is now, an individual adult natural person residing in the State of California. 9. 19 At all times herein mentioned, Defendant/Counterclaimant Masai Ujiri was, and now is, 20 an individual adult natural person residing in Toronto, Canada. 21 IV. 22 FACTUAL ALLEGATIONS 10. On June 13, 2019, the Toronto Raptors (“Raptors”) won their first NBA Championship 23 when they defeated the Golden State Warriors at Oracle Arena in Oakland, California during Game 6 24 of the 2019 NBA Finals. For Raptors’ President, Masai Ujiri, the victory was the realization of a long- 25 held dream he worked tirelessly for many years to achieve. 26 27 ♼ The fraudulent claims Mr. Strickland seeks to levy against Mr. Ujiri cannot go 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP 11. Mr. Ujiri’s NBA career began roughly eighteen years ago, when he worked as a youth basketball coach in Nigeria and as an unpaid scout for the NBA’s Orlando Magic. He worked his way DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 15 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 22 of 108 1 up from unpaid scout to become the General Manager of the NBA’s Denver Nuggets in 2010, the 2013 2 NBA Executive of the Year, and ultimately the President of the Toronto Raptors. For the past seventeen 3 years he has spent his summers traversing the African continent holding youth basketball camps and 4 promoting basketball throughout Africa. 5 12. When the final buzzer sounded indicating the conclusion of Game 6 and solidifying the 6 Raptors’ first ever NBA Championship, Mr. Ujiri was filled with excitement and pride for himself and 7 his team. He was happy for his family as well. He thought of the young people in Africa and other 8 people of color, and how this extraordinary accomplishment would inspire them to believe they could 9 achieve great things despite the many obstacles they faced. 10 13. When an NBA team wins the championship, it is customary for NBA executives, like 11 Mr. Ujiri, to join their team on the court to accept the championship trophy from the Commissioner of 12 the NBA and to give a live on-camera interview. Following the buzzer, Mr. Ujiri walked out to the 13 arena floor from the tunnel where he had watched the final moments of Game 6. Before heading to 14 join his team on the court, he stopped to embrace his wife who was sitting in the section near the court 15 reserved for the Raptors’ families and friends. Mr. Ujiri shared a special moment with his wife and 16 then turned to make his way towards the court where he was to meet the Raptors’ players and coaches. 17 A. The 11-Second Encounter 18 14. As Mr. Ujiri turned from his wife to walk towards the court, he walked past arena 19 security without incident. As he attempted to make his way onto the court to join his team and fulfill 20 his duties as Raptors’ President, however, he encountered Plaintiff/Counterdefendant Alan 21 Strickland. Alan Strickland, an Alameda County Sheriff’s Deputy, was working as a security guard 22 at the game. As Mr. Ujiri attempted to enter the court, Mr. Strickland grabbed him by the arm, told 23 him to “back the fuck up,” and forcefully shoved him back once and then twice. After being cursed 24 at and shoved forcefully twice, Mr. Ujiri pushed Mr. Strickland in the chest. Other than these shoves, 25 the two men did not have any further physical contact with each other. The entire encounter between 26 Mr. Strickland and Mr. Ujiri was brief—approximately 11 seconds as shown on film. 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 16 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 23 of 108 1 The entire incident was caught on camera. The video footage shows Mr. Strickland 2 was undeniably the initial aggressor. Mr. Ujiri was immediately escorted to the court where he 3 joined his team, accepted the championship trophy, and gave a live on-camera interview. Mr. 4 Strickland continued to work the duration of his shift apparently (by all video footage available) 5 unscathed and physically fine. 6 16. Mr. Strickland is 6’0” tall and 260 lbs. Mr. Ujiri is 6’4” tall and 210 lbs. Mr. 7 Strickland did not fall to the ground when Mr. Ujiri pushed him, and eyewitness testimony, video 8 evidence, and photographic evidence shows that he was not injured after his encounter with Mr. Ujiri. 9 Eyewitness testimony and video evidence also confirm that Mr. Ujiri pushed Mr. Strickland back in 10 11 the chest with two hands only after Mr. Strickland assaulted him by shoving him forcefully twice. 17. As explained further below, video and eyewitness evidence clearly establish that Mr. 12 Strickland used unnecessary and excessive force during his encounter with Mr. Ujiri. Mr. 13 Strickland’s two forceful shoves over what should have been a simple misunderstanding, were 14 entirely unjustified. It is undisputed that Mr. Ujiri, as Raptors’ President, was authorized to enter the 15 basketball court to join his team and celebrate his team’s victory and the biggest accomplishment of 16 his professional career. When Mr. Strickland assaulted him, Mr. Ujiri was not violating any rule or 17 acting aggressively. He was simply trying to join his team on the court for a victory celebration. 18 ♼ 15. 18. Before he reached Mr. Strickland’s post, Mr. Ujiri had walked past a number of Oracle 19 Arena security personnel without incident, because he had an all-access credential that allowed him 20 to access virtually every part of Oracle Arena, including the location he was at when he encountered 21 Mr. Strickland. Because he had walked by so many Oracle Arena security personnel without 22 incident, Mr. Ujiri reasonably assumed he could continue his path to join the Raptors’ players and 23 coaches. Thus, when Mr. Strickland suddenly grabbed Mr. Ujiri’s arm, Mr. Ujiri understandably 24 reacted by pulling his arm away. At that time, Mr. Strickland could have asked Mr. Ujiri to see his 25 credentials. Instead he forcefully shoved Mr. Ujiri in the chest and told him to “back the fuck up.” 26 There was no reason to view Mr. Ujiri as a threat to anyone and no reason for Mr. Strickland to curse 27 at Mr. Ujiri and forcefully shove him as numerous witnesses observed. 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 17 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 24 of 108 19. 1 After being shoved and cursed at, Mr. Ujiri did not respond aggressively towards Mr. 2 Strickland. Instead, he calmly asked Mr. Strickland why he had pushed him, informed Mr. Strickland 3 he was the Raptors’ President, and held up his all-access arena credential to show it to Mr. Strickland. 4 Rather than trying to communicate with Mr. Ujiri, Mr. Strickland chose to dismiss Mr. Ujiri’s claim 5 that he was the Raptors’ President and ignore the all-access credential Mr. Ujiri was trying to show 6 him. Mr. Strickland then forcefully shoved Mr. Ujiri a second time. Only after being unjustifiably 7 told to “back the fuck up” and shoved twice did Mr. Ujiri show any response and return a shove to 8 Mr. Strickland’s chest. Mr. Ujiri’s defensive response was a reasonable and justified reaction to Mr. 9 Strickland’s use of unnecessary and excessive force. 10 B. 11 1. 12 20. 13 14 Deputy Strickland Falsifies the Encounter and Attempts to Portray Mr. Ujiri as the Initial Aggressor and an Inherently Violent Individual Strickland’s Description of the Encounter Has Already Been Refuted by Testimonial, Video, and Documentary Evidence As previously mentioned, Mr. Strickland’s version of the brief encounter he had with Mr. Ujiri is, in all material respects, a complete fabrication. a. 15 21. 16 Strickland’s Claims are Contradicted by Video Footage Mr. Strickland contends Mr. Ujiri used his right hand to forcefully slap Mr. 17 Strickland’s left hand as Mr. Ujiri attempted to walk past him. This is false. 2 The arena footage 18 clearly shows Mr. Ujiri simply pulled his right hand away in an upward motion as Mr. Strickland 19 grabbed him. 22. 20 Mr. Strickland contends Mr. Ujiri held his credentials out of Mr. Strickland’s view and 21 then waived them aggressively in Mr. Strickland’s face. This is false. The arena footage and 22 Strickland’s body camera footage show Mr. Ujiri held his credential up to show it to Mr. Strickland 23 while calmly asking Mr. Strickland why he had pushed him and informing Mr. Strickland that he was 24 the Raptors’ President. See Strickland’s body camera footage attached hereto as Exhibit 1. The 25 arena footage shows Mr. Strickland did not look up at Mr. Ujiri’s credential. The body camera 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP 2 Though discovery is in its infancy, each of the following statements are taken from Mr. Strickland’s verified discovery responses. DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 18 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 25 of 108 1 footage shows Mr. Strickland dismissed Mr. Ujiri’s claim to be the Raptors’ President, and instead 2 forcefully shoved Mr. Ujiri a second time. 23. 3 Mr. Strickland contends that after he pushed Mr. Ujiri the first time, Mr. Ujiri re- 4 approached him in “a quick and aggressive manner.” This is false. The video evidence (arena 5 footage and body camera footage) shows that after Mr. Strickland forcefully shoved Mr. Ujiri the first 6 time, Mr. Ujiri held up his credential to show Mr. Strickland his all-access credential, calmly asked 7 Mr. Strickland why he had pushed him, and calmly informed Mr. Strickland he was the Raptors’ 8 President. Mr. Strickland’s characterization of “quick and aggressive” is one of many examples of 9 his hyperbole. 24. 10 Most importantly, Mr. Strickland contends Mr. Ujiri struck him in the face with a 11 highly unorthodox two-fisted, straight arm punch. This is completely false as shown by the video 12 footage and witness statements. To date, Mr. Strickland has provided no objective evidence that 13 even remotely supports his claim to have been punched in his face. Rather, eyewitness accounts and 14 video evidence establish that Mr. Ujiri did not punch or strike Mr. Strickland in the face. Mr. 15 Strickland’s medical records also lack any objective evidence that he sustained a punch/strike to his 16 face. 17 b. 18 19 25. Sworn, Credible Witness Declarations Directly Contradict Strickland’s False Version of Events Declarations were obtained from Warriors fans who stood within two to four feet (if 20 not closer) of Mr. Strickland and Mr. Ujiri during the incident. See Exhibit 2, attached hereto, as 21 examples. Each of these witnesses were standing so close to the two men so as to appear in Mr. 22 Strickland’s body camera footage, which is attached hereto as Exhibit 1. Each witness has declared 23 unequivocally, under penalty of perjury, that Mr. Strickland first shoved Mr. Ujiri and only after that 24 did Mr. Ujiri then push Mr. Strickland in his chest. For example, Greg Wiener observed the 25 altercation between Mr. Strickland and Mr. Ujiri from “no more than two feet away” and “witnessed 26 Mr. Strickland…push Mr. Ujiri in the chests and Mr. Ujiri subsequently push Mr. Strickland in the 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 19 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 26 of 108 1 chest with two hands,” “saw that Mr. Ujiri’s hands landed squarely on Mr. Strickland’s chest,” and 2 that Mr. Strickland afterwards “did not appear to be injured.” (emphasis added). 3 4 The picture below was taken from Mr. Strickland’s body camera and shows just how close Mr. Wiener was to the altercation: 5 6 7 8 9 10 11 Masai Ujiri 12 13 14 15 Greg Wiener 16 17 18 19 20 21 22 23 ♼ 26. Similarly, Nancy Pike and Andrew Miller were standing a few feet from the 24 altercation and similarly have both declared that Mr. Strickland pushed Mr. Ujiri aggressively twice 25 before he returned a push to Mr. Strickland’s chest. They both unequivocally declared that Mr. 26 Ujiri’s hands did not touch Mr. Strickland’s face and that Mr. Ujiri did not have closed fists when 27 he pushed Mr. Strickland. The picture below was taken from Mr. Strickland’s body camera and 28 shows just how close all three witnesses were to the altercation. LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 20 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 27 of 108 1 2 3 4 5 Andrew Miller 6 Greg Wiener 7 8 Nancy Pike 9 10 11 12 13 14 15 The eyewitness accounts of the altercation are entirely consistent with the video 16 evidence, photographic evidence, and medical evidence. In fact, no one who witnessed the 11 second 17 incident contends they saw Mr. Ujiri strike Mr. Strickland in the face. 18 28. There are no eyewitness accounts supporting Mr. Strickland’s version of the 19 encounter. Mr. Strickland contends there are two third-party witnesses, Tomas Civindi (“Civindi”) 20 and Sucha Singh (“Singh”), who saw Mr. Ujiri punch him in the face with two fists. This is FALSE. 21 29. Civindi told the Oakland Police Department (“OPD”) that Mr. Ujiri “shoved the police 22 officer in his chest and the officer pushed [Mr. Ujiri] in return,” not in the face, contradicting Mr. 23 Strickland himself. Furthermore, Civindi’s statement is contradicted by the video evidence, which 24 shows Mr. Strickland forcefully shoved Mr. Ujiri twice before Mr. Ujiri returned a shove to Mr. 25 Strickland’s chest. Civindi’s statements do not support Mr. Strickland’s case. 26 27 ♼ 27. 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP 30. Similarly, Singh told the OPD he saw Mr. Ujiri push Mr. Strickland “in the chest area with two clenched fists.” Singh also told OPD, however, that he “was standing at the north tunnel DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 21 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 28 of 108 1 entrance of the arena” when he witnessed the encounter, but it is undisputed the encounter happened 2 near the south tunnel. Ironically, Singh is a police officer with the Los Angeles Police Department 3 who has a history of engaging in excessive force and “unconscionable acts.” See Sucha Singh v. City 4 of Los Angeles, No. B232873, 2012 WL 5872285 (Cal.App.2nd Nov. 21, 2012). He was previously 5 accused of beating a civilian with his baton and then providing misleading statements when later 6 questioned about the incident. Id. He was subsequently found to have to have engaged in excessive 7 force and “unconscionable” conduct for his actions. Id. Singh’s account of the Strickland/Ujiri 8 encounter is a transparent fabrication and he is not a reliable witness. 31. 9 Additionally, immediately after the altercation, Mr. Strickland told OPD Officer K. 10 Tikkanen that Mr. Ujiri “pushed” him “in his vest with two hands” and that one of Mr. Ujiri’s hands 11 “slipped from the outer vest carrier and hit [him] in the left part of his jaw.” Thus, Mr. Strickland 12 himself contradicted his later statements of being punched in the face with a closed fist. 3 As 13 explained in more detail below, Mr. Strickland has a history of lying, having pled guilty to insurance 14 fraud. Mr. Strickland is once again perpetrating a fraud by lying about his encounter with Mr. Ujiri 15 in an attempt to unjustly profit at the expense of others. 32. 16 A few of Mr. Strickland’s fellow officers have made various contradictory statements 17 in the media about the 11 second encounter, even though none of them witnessed the encounter. For 18 example, one day after the incident, Sergeant JD Nelson of the Alameda County Sheriff’s Office 19 characterized the encounter as a “shoving match” during which Mr. Ujiri hit Mr. Strickland in the jaw 20 with “a palm.” Similarly, five days after the incident, Sergeant Ray Kelly, also of the County 21 Sheriff’s Office, is quoted as saying Mr. Ujiri’s arm “arm struck [Mr. Strickland] in the side of the 22 head.” These statements obviously contradict Mr. Strickland’s version of the events, which further 23 strain his credibility and show he is putting forth a false narrative in an attempt to justify his use of 24 excessive force against Mr. Ujiri. Mr. Strickland told his colleagues, who repeated the statements. 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP 3 Based on his interviews of Civindi, Singh, and Mr. Strickland, officer Tikkanen concluded that Mr. Ujiri had “pushed [Mr. Strickland] with two hands in the chest” and not punched him in the face. DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 22 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 29 of 108 1 c. 2 3 4 5 33. There Is No Objective Evidence of Mr. Strickland’s Alleged Injuries There is no objective evidence supporting Mr. Strickland’s contention Mr. Ujiri punched him in the face or caused him any other injury. 34. Mr. Strickland contends he suffered a concussion and injuries to his eye, neck, 6 shoulder, jaw, and teeth as a result of his brief encounter with Mr. Ujiri. As a result of his alleged 7 injuries, he contends he underwent the following treatment: dental work/repair; chiropractic care; 8 temporomandibular joint specialist exam; physical therapy (for range of motion for his alleged neck 9 and shoulder pain); psychological counseling; oral surgeon for jaw pain; neurologist (for post- 10 11 concussion syndrome); and orthopedic surgeon (medical evaluation for surgical treatment options). 35. To date, there is no objective evidence of Mr. Strickland’s alleged injuries. Instead, 12 Mr. Strickland’s alleged injuries are based entirely on his fraudulent claim that he was punched in the 13 face. In Mr. Strickland’s discovery responses, he contends he went to the emergency room at Eden 14 Medical Center approximately five hours after the altercation and that he had “visible swelling” on 15 his “left chin area.” Pictures taken of Mr. Strickland’s face shortly after the encounter, however, 16 show he did not have any visible swelling on his face: 17 18 19 20 21 22 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 23 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 30 of 108 36. 1 Despite the above photograph, Mr. Strickland contends under penalty of perjury in his 2 verified written discovery responses that he was informed by his medical providers that he sustained 3 “severe facial bruising.” As the picture above shows, Mr. Strickland did not sustain any facial 4 bruising during his brief encounter with Mr. Ujiri. 37. 5 In his discovery responses, Mr. Strickland further contends that although “X-rays were 6 performed and were found negative for fractures or breaks on [his] jaw” he was “diagnosed with 7 possible cartilage damage to [his] jaw.” Of course, this diagnosis was based purely on Mr. 8 Strickland’s statement that he had been punched in the face and knocked unconscious by Mr. Ujiri. 9 As shown by the arena footage, Mr. Strickland did not fall down or experience a loss of 10 consciousness during the altercation: he continued to work for the entire duration of his shift. His 11 contention that he was knocked unconscious is one of his many complete fabrications. 38. 12 Despite Mr. Strickland’s contention that he was punched in the face and knocked 13 unconscious, he was never diagnosed with a concussion or any other head injury. There is no 14 objective evidence of any of the myriad injuries he contends to have sustained during his brief 15 encounter with Mr. Ujiri. Mr. Strickland’s claimed diagnosis of “post-concussive syndrome” is 16 based solely on his subjective complaints of headaches and outright lie that he was punched in the 17 face. 18 d. 19 39. 20 Mr. Strickland Has Falsely Alleged Mr. Ujiri Has a Violent Propensity In his complaint, as drafted by his attorneys, Mr. Strickland baldly alleges Mr. Ujiri 21 has “engaged in prior similar criminal conduct and/or violent conduct towards third parties” and 22 had “a propensity for physical violence” prior to his encounter with Mr. Strickland. This a complete 23 fabrication 4. Nothing could be further from the truth. Mr. Strickland has made these false allegations 24 solely to malign and defame Mr. Ujiri and support a baseless negligent hiring/supervision theory 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP This allegation is written in Plaintiffs’ complaint, filed by attorneys David Mastagni, Grant Winter, and Brett Beyler without any substantiation or factual proof of this statement. It will be dealt with separately by a proper motion. 4 DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 24 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 31 of 108 1 against the Raptors and the NBA. The truth is Mr. Ujiri has an impeccable reputation which he has 2 earned through years of hard work, humility, and charity. 3 40. 4 subsequent occasions where Mr. Ujiri has been violent with anyone. Despite this, Mr. Strickland 5 nonetheless contends he perceived Mr. Ujiri as a threat the moment he saw him. This is troubling. 6 As the video evidence shows, Mr. Ujiri approached Mr. Strickland in a calm manner and remained 7 calm even after Mr. Strickland shoved him the first time and cursed at him. Mr. Ujiri gave no 8 objective signs of being a threat to anyone. Nonetheless, Mr. Strickland contends that when he first 9 saw Mr. Ujiri, he perceived him as a threat to his safety and the safety of others. 10 41. Mr. Strickland’s perception is extremely problematic and can only be explained as the 11 product of a personal bias he maintains that led him to stereotype Mr. Ujiri as a threatening and 12 inherently violent individual. Acting on this bias, Mr. Strickland unjustifiably resorted to the use of 13 violence and vitriol toward Mr. Ujiri rather than civility and respect. e. 14 15 42. Strickland Desires to Profit from His Use of Excessive Force As explained above, Mr. Strickland’s claims that he is now permanently disabled as a 16 result of his brief shoving match with Mr. Ujiri are bereft of credibility. Mr. Strickland’s willingness 17 to pursue his frivolous claims through an orchestrated campaign of dishonesty can be explained, 18 however, by his desire for money due to an alleged injury. 19 ♼ In his discovery responses, Mr. Strickland admits he knows of no previous or 43. Financial gain is the obvious motivation for Mr. Strickland’s willingness to falsify the 20 facts about his encounter with Mr. Ujiri. The same day the Raptors secured their first NBA title and 21 Mr. Ujiri had his unfortunate encounter with Mr. Strickland, reports came out that the NBA’s 22 Washington Wizards were preparing to make a prolific offer to Mr. Ujiri in the amount of close to 23 $10 million a year to run basketball operations for the team. This was talked about in all the press 24 surrounding the final game of the NBA championship. This would have made Mr. Ujiri one of the 25 NBA’s highest-paid executives. In addition, Wizards owner Ted Leonsis was said to offer Ujiri a top 26 role at Monumental Sports and Entertainment, a holding company that oversees business for the 27 Wizards and the NHL’s Washington Capitals. These reports continued over the following two 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 25 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 32 of 108 1 weeks. In connection with these reports, it was also reported that at that time Mr. Ujiri had two years 2 remaining on his contract with the Raptors and would receive around $7 million per year. This was 3 all discussed in the sports press before Mr. Strickland filed his complaint and while his attorneys 4 were drafting his complaint. 44. 5 As explained below, Mr. Strickland has a history of committing fraud for his own 6 financial gain. Here, reports of Mr. Ujiri’s wealth along with the obvious “deep pockets” of the 7 Toronto Raptors and the NBA may have motivated Mr. Strickland to pursue his frivolous and 8 fraudulent claims. 2. 9 45. 10 Mr. Strickland Has a History of Committing Fraud Mr. Strickland has a history of committing criminal fraud. Mr. Strickland was 11 previously charged with insurance fraud and making false statements. Per court records, he 12 purposefully damaged his own vehicle and then submitted a claim to his insurer for the damage he 13 intentionally caused, and ultimately pled guilty to misdemeanor insurance fraud in December 2005. 46. 14 Despite his criminal conviction, Mr. Strickland continues to make false claims. For 15 example, Mr. Strickland claims he is suffering from debilitating post-concussive syndrome and neck 16 and shoulder pain because of the incident. These have already been exposed as dubious. Photos of 17 Mr. Strickland using a power saw in his garage and carrying boxes from his car after the incident 18 make it clear he is not injured as he has claimed to the California Division of Workers’ 19 Compensation. Attached hereto as Exhibit 3 is the Case Summary and the complaint filed against 20 Mr. Strickland by the San Mateo County District Attorneys’ office. It was filed as a felony fraud 21 claim and he plead guilty to a misdemeanor fraud, including the false claim to an insurance company. 22 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 26 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 33 of 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ♼ 47. This evidence (along with similar evidence of his untruthfulness also noted herein) 25 show that Mr. Strickland’s claims of permanent disability are dishonest and that he is perpetrating a 26 fraud against Mr. Ujiri, the Raptors, the NBA, and the California Division of Workers’ 27 Compensation. 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 27 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 34 of 108 48. 1 Mr. Strickland has filed a parallel workers’ compensation claim, on the basis that the 2 11 second incident has caused him a permanent disability that requires fully paid disability leave 3 while he “recovers” from his purportedly debilitating injuries. His workers’ compensation claims are 4 outright fraudulent and reflect an effort on Mr. Strickland’s part to wrongfully receive insurance 5 funds, giving rise to alleged workers’ compensation insurance fraud. 3. 6 49. 7 Sergeant Ray Kelly Pushes Strickland’s False Narrative Sergeant Ray Kelly of the Alameda County Sheriff’s Office has pushed the false 8 narrative in the media that Mr. Ujiri punched Mr. Strickland in the face and acted aggressively 9 towards Mr. Strickland by, among other things, presenting his credentials to Mr. Strickland in a “very 10 threatening way” without witnessing the alleged event. Sergeant Kelly’s support for Mr. 11 Strickland’s false narrative is not surprising given his relationship with Mr. Strickland. 50. 12 Sergeant Ray Kelly and Mr. Strickland are more than just co-workers. Kelly is 13 Strickland’s supervisor, and they are also friends. Mr. Strickland was deposed in his workers’ 14 compensation case and explained his friendship and relationship with Sergeant Kelly: 15 16 17 51. 18 Question: Is Sergeant Kelly a friend of yours, or is he in a supervisory capacity for you, or both? Answer: Both. Sergeant Kelly’s willingness to push a false narrative about Mr. Ujiri to support Mr. 19 Strickland’s fraudulent claims appears to be motivated by his friendship with Mr. Strickland and his 20 desire to assist and help Mr. Strickland. 21 VI. COUNTERCLAIMS 22 FIRST COUNTERCLAIM 23 Fourth Amendment—Excessive Force (42 U.S.C. § 1983) 24 (Masai Ujiri against Alan Strickland) 25 26 52. Counterclaimant repeats and re-alleges each and every allegation of this Counterclaim with the same force and effect as if fully set forth herein. 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 28 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 35 of 108 53. 1 2 told him to “back the fuck up” during an unlawful detention, he deprived Mr. Ujiri of his right to be 3 secure in his person against unreasonable searches and seizures as guaranteed to Mr. Ujiri under the 4 Fourth Amendment to the United States Constitution. 54. 5 Alan Strickland’s actions were excessive and unreasonable, especially because he did 6 not have a lawful basis to believe Masai Ujiri posed an immediate threat to the safety of Alan 7 Strickland or others or that Masai Ujiri was committing a crime or actively resisting detention. 55. 8 9 11 At all times herein relevant, Alan Strickland was an employee of the Alameda County Sheriff’s Office. 56. 10 At all times herein relevant, Alan Strickland acted or purported to act within the course and scope of his employment and under color of law. 57. 12 In the conduct described above, Alan Strickland acted willfully, wantonly, 13 maliciously, oppressively, and with conscious disregard and deliberate indifference for Masai Ujiri’s 14 rights and is therefore liable for punitive damages. 58. 15 As a legal cause of Alan Strickland’s conduct and acts alleged herein, Masai Ujiri was 16 denied his federal constitutional rights, and as a legal cause, he suffered, and continues to suffer 17 humiliation, distress, and anxiety. 62. 18 19 Counterclaimant Masai Ujiri seeks nominal damages, punitive damages, and attorneys’ fees and costs pursuant to 42 U.S.C. § 1988. WHEREFORE, Counterclaimant Masai Ujiri prays for relief as hereinafter set forth. 20 21 SECOND COUNTERCLAIM 22 Assault 23 (Masai Ujiri against Alan Strickland) 63. 24 25 27 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP Counterclaimant repeats and re-alleges each and every allegation of this Counterclaim with the same force and effect as if fully set forth herein. 64. 26 ♼ When the Counterdefendant Alan Strickland forcefully shoved Masai Ujiri twice and Alan Strickland acted, intending to cause harmful or offensive contact. /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 29 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 36 of 108 1 65. 2 offensive manner. 3 66. 4 Masai Ujiri reasonably believed that he was about to be touched in a harmful or Alan Strickland threatened to harm and touch Masai Ujiri in a harmful or offensive manner. 5 67. 6 personal dignity. 7 68. It reasonably appeared to Masai Ujiri that Alan Strickland was about to carry out the 9 69. Masai Ujiri did not consent to Alan Strickland’s conduct. 10 70. Masai Ujiri was harmed in that Alan Strickland’s conduct was a substantial factor in 8 11 Alan Strickland’s touching was offensive because it offended a reasonable sense of threat. causing Ujiri’s harm. 12 71. Masai Ujiri seeks nominal damages against Alan Strickland. 13 WHEREFORE, Counterclaimant Masai Ujiri prays for relief as hereinafter set forth. 14 THIRD COUNTERCLAIM 15 Battery 16 (Masai Ujiri against Alan Strickland) 72. 17 18 Counterclaimant repeats and re-alleges each and every allegation in this Counterclaim with the same force and effect as if fully set forth herein. 19 73. Alan Strickland touched Masai Ujiri with the intent to harm or offend him. 20 74. Masai Ujiri did not consent to the touching. 21 75. Masai Ujiri was offended by Alan Strickland’s conduct. 22 76. A reasonable person in Masai Ujiri’s situation would have been offended by the 23 touching. 24 77. Masai Ujiri seeks nominal damages against Alan Strickland. 25 WHEREFORE, Counterclaimant Masai Ujiri prays for relief as hereinafter set forth. 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 30 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 37 of 108 1 FOURTH COUNTERCLAIM 2 Intentional Infliction of Emotional Distress 3 (Masai Ujiri against Alan Strickland) 78. 4 5 Counterclaimant repeats and re-alleges each and every allegation of this Counterclaim with the same force and effect as if fully set forth herein. 6 79. 7 emotional distress. 8 80. Masai Ujiri suffered emotional distress; and 9 81. Alan Strickland’s conduct was a substantial factor in causing Masai Ujiri’s emotional 10 Alan Strickland’s conduct was outrageous and intended to cause Masai Ujiri distress. 82. 11 In the conduct described above, Alan Strickland acted willfully, wantonly, 12 maliciously, oppressively, and with conscious disregard and deliberate indifference for Masai Ujiri’s 13 rights and is therefore liable for punitive damages. Accordingly, Masai Ujiri seeks nominal and 14 punitive damages against Alan Strickland. WHEREFORE, Counterclaimant Masai Ujiri prays for relief as hereinafter set forth. 15 16 17 18 19 20 21 22 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 31 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 38 of 108 PRAYER FOR RELIEF ON COUNTERCLAIMS 1 2 WHEREFORE, Counterclaimant Masai Ujiri prays for relief, as follows: 3 1. For nominal damages according to proof; 4 2. For punitive damages in a sum according to proof; 5 4. For reasonable attorney’s fees pursuant to 42 U.S.C. section 1988; 6 5. For cost of suit herein incurred; and 7 6. For such other and further relief as the Court deems just and proper. 8 9 Dated: August 18, 2020 COTCHETT, PITRE & McCARTHY, LLP 10 11 By: 12 13 14 Attorneys for Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports & Entertainment 15 16 17 18 19 20 /s/ Joseph W. Cotchett JOSEPH W. COTCHETT EMANUEL B. TOWNSEND TAMARAH P. PREVOST DEMAND FOR JURY TRIAL ON COUNTERCLAIMS Counterclaimant Masai Ujiri hereby demands a jury trial in this action. Dated: August 18, 2020 COTCHETT, PITRE & McCARTHY, LLP 21 22 23 24 25 By: /s/ Joseph W. Cotchett JOSEPH W. COTCHETT EMANUEL B. TOWNSEND TAMARAH P. PREVOST Attorneys for Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports & Entertainment 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 32 Case Document 35-1 Filed 08/18/20 Page 39 of 108 EXHIBIT 1 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 40 of 108 The body camera footage and Oracle Arena security footage can be accessed using the following link: https://cpmlegal.sharefile.com/d-s8f21d1caa55424ab Case Document 35-1 Filed 08/18/20 Page 41 of 108 EXHIBIT 2 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 42 of 108 1 2 3 JOSEPH W. COTCHETT (SBN 36324) jcotchett@cpmlegal.com EMANUEL 8. TOWNSEND (SBN 305373) etownsend@cpmlegal.com TAMARAH PREVOST (SBN 313422) tprevost@cpmlegal.com 4 COTCHETT, PITRE & McCARTHY, LLP 5 840 Malcolm Road Burlingame, CA 94010 Telephone: (650) 697-6000 6 Facsimile: 7 Counsel for Dofendants Masai Ujiri, Toronto Raptors, and Maple Leof Sports & Entertainment (650) 697-0577 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 13 ALAN STRICKLAND, an individual; and KELLY STRICKLAND, an individual, Case No. 4:20-cv-000981 -YGR 14 Plaintiffs' 15 DECLARATION OF GRHG WIENHR V. 16 1. MASAI UJIRI, an individual; 17 2. TORONTO RAPTORS, a business entity; 18 19 3. MAPLE LEAF SPORTS & ENTERTAINMENT, a business entity; 20 4. NATIONAL BASKETBALL 21 22 23 ASSOCIATION, INC.; and DOES I through loo, inclusive Defendants. 24 25 26 27 28 ® LAW OFFICES CoTci ]i.:.ri. , Prl`RI: & McCMl`Hy, LLP DECLARATION OF GREG WIENHR; Case No. 4:20-cv-000981 -YGR Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 43 of 108 1 2 3 4 I, Greg Wiener, hereby declare: I. The statements made herein are of my own personal knowledge and if called upon to testify thereto I could and would do so competently. 2. On June l3, 2019 I attended Game 6 of the NBA Finals at oracle Arena in oakland, 5 California. When the game ended, I witnessed an altercation between Deputy Strickland and Masai 6 Ujiri. I witnessed the altercation between Deputy Strickland and Mr. Ujiri from no more than two 7 feet away. I was standing up when I witnessed the altercation. 8 9 3. I witnessed Deputy strickland put out his arm and touch Mr. Ujiri. I witnessed Mr. Ujiri then brush Deputy Strickland's arm away. I witnessed Deputy Strickland then push Mr. Ujiri in 10 the chest and Mr. Ujiri subsequently push Deputy Strickland in the chest with two hands. When Mr. 11 Ujiri pushed Deputy Strickland, I saw that Mr. Ujiri's hands landed squarely on Deputy Strickland's 12 chest. Deputy Strickland did not fall to the ground during the altercation. 13 14 15 16 4. After the altercation, Deputy strickland resumed his post to my immediate left-hand side and did not appear to be injured. I declare under penalty of perjury that the foregoing is true and correct. Executed this Ninth day of June, 2020, in Alamo, California. 17 18 19 ' REG WIENER 20 21 22 23 24 25 26 27 28 ® LAW OFFICES C()1 cl il.,iT, Prl`RI.. & MCC`^RTIIy, LLP DECLARATION 0F GREG WIENER; Case No. 4:20-cv-000981 -YGR LAW OFFICES MCCARTHY, LLP Case Document 35-1 Filed 08/18/20 Page 44 Of 108 JOSEPH W. COTCHETT (SBN 36324) jcotchett@cpmlega1.com EMANUEL B. TOWNSEND (SBN 305373) etownsend@cpmlegal.com TAMARAH PREVOST (SBN 313422) tprevost@cpmlegal.com COTCHETT, PITRE MCCARTHY, LLP 840 Malcolm Road Burlingame, CA 94010 Telephone: (650) 697?6000 Facsimile: (650) 697-0577 Counsel for Defendants Masai th?ri, Toronto Raptors, and Maple Leaf Sports Entertainment UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ALAN STRICKLAND, an individual; and KELLY STRICKLAND, an individual, Plaintiffs, V. 1. MASAI UJIRI, an individual; 2. TORONTO RAPTORS, a business entity; 3. MAPLE LEAF SPORTS ENTERTAINMENT, a business entity; 4. NATIONAL BASKETBALL ASSOCIATION, and DOES 1 through 100, inclusive Defendants. Case No. DECLARATION OF NANCY PIKE DECLARATION OF NANCY Case NO. LAW OFFICES Corcasrr, MCCARTHY, LLP Case Document 35-1 Filed 08/18/20 Page 45 of 108 1, Nancy Pike, hereby declare: 1. The statements made herein are of my own personal knowledge and if called upon to testify thereto I could and would do so competently. 2. On June 13, 2019 I attended Game 6 of the NBA Finals at Oracle Arena in Oakland, California (?Game I watched the game from my seat, which was located in section 7, row A1, seat number 1. During the fourth quarter, I noticed Alan Strickland stationed at his security post and noticed that he appeared to be angry. My seat was only a few feet from where Mr. Strickland was stationed during the fourth quarter and immediate conclusion of Game 6. 3. When the game ended, I witnessed an altercation between Mr. Strickland and Masai Ujiri. I witnessed the altercation between Mr. Strickland and Mr. Ujiri from my seat, which was roughly four feet from where the altercation occurred. I was standing when I witnessed the altercation. I attended the game with my friend, Andrew Miller. 4. I witnessed Mr. Strickland push Mr. Ujiri aggressively twice in his chest with two hands and Mr. Ujiri then return a push, with two hands, to Mr. Strickland?s chest. When Mr. Ujiri pushed Mr. Strickland, I saw that his hands touched Mr. Strickland?s chest. Mr. Ujiri?s hands did not touch Mr. Strickland?s face and Mr. Ujiri did not hit Mr. Strickland with closed ?sts. 5. Mr. Strickland did not fall to the ground during the altercation and did not appear to be injured after the altercation. I declare under penalty of perjury that the foregoing is true and correct. Executed this ninth Orin/raga NA PIKE day of June 2020, in Orinda, California. DECLARATION OF NANCY Case No. 1 OFFICES MCCARTHY. LLP Case Document 35-1 Filed 08/18/20 Page 46 of 108 JOSEPH W. COTCI-IETT (SEN 36324) EMANUEL B. TOWNSEND (SBN 305373) etownsend@cpmlegal.com TAMARAH PREVOST (SBN 313422) tprevost@epm1egal.com OTCHETT, PITRE LLP 840 Malcohn Road Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-05 77 Counseifnr Defenahnts Masai wiri, Toronto Raptors, and Maple Leaf Sports Entertainment UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ALAN STRICKLAND, an individual; and KELLY STRICKLAND, an individual, Plaintiffs, v. 1. MASAI UJIRI, an individual; 2. TORONTO a business entity; 3. MAPLE LEAF SPORTS a business entity; 4. NATIONAL BASKETBALL ASSOCIATION, and DOES 1 through 100; inclusive Defendants. Case No. DECLARATION OF ANDREW MJLLER DECLARATION OF ANDREW Case No. 9 Law ounces Coretta-Lhasa: MECARIHT, LLP Case Document 35-1 Filed 08/18/20 Page 47 of 108 I, Andrew Miller, hereby declare: 1. The statements made herein are of my own personal knowledge and if called upon to testify thereto I could and would do so competently. 2. On June 13, 20191 attended Game 6 of the NBA Finals at Oracle Arena in Oakland, California (?Game I watched the game from my seat, which was located in section 7, row Al, seat number 2. During the fourth quarter, I noticed Alan Strickland stationed at his security post. My seat was only a few feet from where Mr. Strickland was stationed durin the fourth quarter and immediate conclusion of Game 6. 3. When the game ended, I witnessed an altercation between Mr. Strickland and Mr. jiri. I witnessed the altercation between Mr. Strickland and Mr. Ujiri from my seat, which was roughly four feet from where the altercation occurred. I was standing when I witnessed the altercation. I attended the game with my ?iend, Nancy Pike. 4. I wimessed Mr. Strickland push Mr. Ujiri aggressively twice in his chest with two hands and Mr. Ujiri then return a push, with two hands, to Mr. Strickland?s chest. When Mr. Ujiri pushed Mr. Snickland, I saw that his hands touched Mr. Strickland?s chest. Mr. Ujiri?s hands did not touch Mr. Strickland?s face and Mr. Ujiri did not hit Mr. Strickland with closed fists. 5 . Mr. Strickland did not fall to the ground during the altercation and did not appear to be injured after the altercation. I declare under penalty of perjury that the foregoing is true and correct. Executed this 412*?? day of June 2020, in San Ramon, California. DECLARATION OF ANDREW Case No. Case Document 35-1 Filed 08/18/20 Page 48 of 108 EXHIBIT 3 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 49 of 108 1 2 3 4 JAMES P. FOX, DISTRICT ATTORNEY County of San Mateo, State of California State Bar No. 45169 400 County Center, 3rd Floor Redwood City, California 94063 By: Kathryn Alberti, Deputy Telephone: (650) 363-4636 Attorney for Plaintiff 5 6 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 8 IN AND FOR THE COUNTY OF SAN MA TEO THE PEOPLE OF THE STATE OF CALIFORNIA No. SF342044A 9 10 11 Plaintiff, FELONY COMPLAINT v. ALAN FRANCIS STRICKLAND 3344 COUNTRYSIDE DRIVE SAN MA TEO, CA 94403 12 Defendant. 13 14 15 16 I, the undersigned, say, on information and belief, that in the County of San Mateo, State of California: COUNT I: VIOLATION OF SECTION SS0(a)( 1) PENAL CODE, CALIFORNIA: On or about March 31, 1994, in the County of San Mateo, State of California, the crime of Presenting A false Or Fraudulent Claim For Payment Of Loss, in violation of Penal Code section SS0(a)( I), a Felony, was 17 committed in that ALAN FRANCIS STRICKLAND did aid, abet, solicit, conspire with another and did 18 19 20 knowingly present and cause to be presented a false and fraudulent claim for the payment of a loss and injury, including payment of a loss under a contract of insurance. Dated: October 21, 2005 21 22 JAMES P. FOX, District Attorney 23 24 25 By:----------Kathryn Alberti, Deputy Case Document 35-1 Filed 08/18/20 Page 50 of 108 CRIMINAL CASE SUMMARY CASE NO. SF342044A The People of the State of California Location: Criminal vs. Filed on: 1012112005 ALAN FRANCIS STRICKLAND District Attorney Number: 0323685 2 DMV Docket Number: SF42044 CASE INFORMATION Offense Statute Deg Date Case Type: Complaint Jurisdiction: San Mateo County 00]. FALSE OR 550(A)(l) 03/31/1994 FRAUDULENT CLAIM FOR PAYMENT OF LOSS Charge 001 ACN: Unknown Arrest: 11 18/2005 IF - Insurance Fraud 00]. STATUTE 803(C)(l) 03/3111994 0F LIMITATIONS Charge #:001 Allegation: E01 ACN: Unknown Arrest: 1 1118/2005 IF - Insurance Fraud 002. TO l) 0313111994 PRESENT CLAIM WITH FALSE INFORMATION Charge 002 ACN: Unknown Arrest: 11118/2005 IF - Insurance Fraud DATE CASE ASSIGNMENT Current Case Assignment Case Number SF342044A Court Criminal Date Assigned 10/21/2005 PARTY INFORMATION Plaintiff The People of the State of California Defendant STRICKLAND, ALAN FRANCIS DATE EVENTS ORDERS OF THE COURT INDEX 10/2112005 Complaint Filed 10/21/2005 Conversion Event ELON NOTICE TO APPEAR SENT TO DEFENDANT ON 10/21/2005 T0 APPEAR ON 11/21/2005 AT 9:00 AM. IN SUPERIOR COURTSOUTHERN BRANCH DEPT. PH FOR FELON ARRAIGNMENT. 11/ 1812005 Conversion Event SHRES: CASE SHIFT ED FROM HEARING ON 11/21/2005 AT 9:00 AM. IN DEPARTMENT PH 0F SUPERIOR COURT SOUTHERN BRANCH TO HEARING ON 11/21/2005 AT 9:00 AM. IN DEPARTMENT 43 OF SUPERIOR COURT SOUTHERN BRANCH. ll/21/2005 Conversion Event HHELD: HEARING HELD ON I 1/21/05 A.M. IN SUPERIOR COURTSOUTHERN BRANCH. D- 43. HON. QUENTIN KOPP PRESIDING. CLERK: DA WNALFONSO . REPORTER: LINDA SWANNER. CLERKZ: NONE. DEPUTY D.A. HENRY. DEFENSE COUNSEL PAGE 1 OF 6 Printed on 03/04/2020 at 2:06 PM Case Documgnt 3511 Filed 08/18/20 Page 51 of 108 1 1/21/2005 1 1/21/2005 1 1/21/2005 11/21/2005 1 1/21/2005 1 1/21/2005 11/21/2005 11/21/2005 1 1/21/2005 1 1/21/2005 1 1/21/2005 1 2/06/2005 12/07/2005 RIMINA CASE SUMMARY CASE NO. SF342044A PRESENT: NONE. Conversion Event HHFAR: ELON YARRAIGNMEN Conversion Event A PWA T: DEFENDANT A PPEA RED WITH A TTORNE JOHNSON . Conversion Event ARW VD: ARRAIGNMENTAND ADVICE OF RIGHTS WAIVED. Conversion Event PLEDA: DEFENDANT ENTERED A PLEA 0F NOT GUILTY 0 ALL COUNTS. Conversion Event CDEEB: SPECIAL ALLEGA TIONS, AS ALLEGED IN COUNT 1 ALLEGA TION I . ARE DENIED. Conversion Event WT IMA .- TIME WAIVED FOR PH BY DEF ENDAN COUNSEL. Conversion Event CSF RB: DEFENDANT IS RELEASED ON OR. Conversion Event SHOTA: CASE CONTINUED AT 1:31 PM. IN REDWOOD CITY IN DEPT. SR FOR SUPERIOR COURT REVIEW. . Conversion Event SHOTA: CASE CONTINUED TO 01/1 [/2006 AT 9:00 AM. IN REDWOOD CITY IN DEPT. PH FOR PRELIMINARY HEARING. . Conversion Event MIEN T: ENTERED BY DA WN ALFONSO ON 11/21/2005 . Plea (Judicial Of?cer: SUPERIOR COURT JUDGE, SAN MATEO COUNTY) 001. FALSE OR RAUDULENT CLAIM FOR PAYMENT OF LOSS Not Guilty Charge 001 Allegation: Conversion Event SHRES: CASE SHIFT ED FROM HEARING ON AT 1:31 RM. IN DEPARTMENTSR OF SUPERIOR COURTSOUTHERN BRANCH TO HEARING ON 12/07/2005 AT [:31 RM. IN DEPARTMENT 22 OF SUPERIOR COURT SOUTHERN BRANCH. Conversion Event SHRES: CASE SHIF TED FROM HEARING ON 12/07/2005 AT 1 :31 PM. IN DEPARTMENT 22 OF SUPERIOR COURT SOUTHERN BRANCH HEARING ON 12/07/2005 AT 1 :31 PM. IN DEPARTMENT 24 OF SUPERIOR COURTSOUTHERN BRANCH. PAGE 2 OF 6 Printed on 03/04/2020 at 2:06 PM Case DocungriglgE?il Filed 08/18/20 Page 52 of 108 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 1 2/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 CASE SUMMARY CASE No. SF342044A Conversion Event HHELD: HEARING HELD ON A [:31 RM. IN SUPERIOR COURTSOUTHERN BRANCH . D- 24 . HON. STEPHEN HALL. JUDGE, PRESIDING. CLERK: LESLIE WISE. REPORTER: CHRISTINA HERNANDEZ. CLERK2: MARTIN KING. DEPUTY D.A. DEFENSE COUNSEL PRESENT: BRA . Conversion Event SUPERIOR COURT REVIEW Conversion Event APWA T: DEFENDANT APPEA RED WITH A TTORNE BRAM . Conversion Event CDEEC: SPECIAL ALLEGA TIONS. AS ALLEGED IN COUNT I ALLEGA TION I ARE STRICKEN. Conversion Event A MC DF OMPLA INT A MENDED ORA LL Y. Conversion Event AMABC: COMPLAINTAMENDED TO ADD COUN T2 MISDEMEANOR. VIOLATION OF PC 550 . ON MOTION OF THE PROSECUTION. Conversion Event WRAAB: ARRAIGNMEN WAIVED ON THE AMENDED COMPLAINT. Conversion Event DEFENDANT ENTERED A PLEA OF NOLO CON TENDERE TO COUNT 2 IN AMENDED COMPLAINT. Conversion Event FD WOR: DEFENDANT IS ADVISED OF, UNDERSTANDS, AND KNOWINGL AND VOLUNTARILY WAI VES ALL THE FOLLOWING RIGHTS: WAIVES THE RIGHT TO COUNSEL: T0 TRIAL BY JUR TO ONF RON AND CROSS-EXAMINE ADVERSE THE PR1 VILEGE A GAINS SELF -INCRIMINA TION. THE COURT FINDS THAT THE DEFENDANT UNDERSTANDS THE NA TURE OF THE CHARGES, THE ELEMENTS OF THE OF ENSE, THE DEFENSE THERETO, THE CONSEQUENCES OF PLEAS AND THE RANGE OF PENALTIES THERETO. WAIVER OF RIGHTS SIGNED. Conversion Event CDFAD: COUNT I DISMISSED 0N MOTION OF THE PROSECUTION. REASON FOR DISMISSAL OR DISCHARGE: NEGOTIA TED PLEA. Conversion Event WT STB: TIME WAIVED FOR SEN TENCING. Conversion Event MIVPH: PRELIMINARY HEARING SET ON 01/11/2006 A 9:00 AM. ORDERED VACA TED. Conversion Event SESCB: PAGE 3 OF 6 Printed on 03/04/2020 at 2:06 PM Case Filed 08/18/20 Page 53 of 108 12/07/2005 12/07/2005 1 2/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 1 2/07/2005 12/07/2005 12/07/2005 12/07/2005 CASE SUMMARY CASE NO. SF342044A OUN T2 IMPOSITION OF SENTENCE SUSPENDED. DEFENDANT IS PLACED ON COURT PROBA TION FOR 2 0 MON 0 DA YS. Conversion Event SECJL: AS TO COUN T2 . DEFENDANT TO SERVE 0 0 I DA 0 HOUR (S) IN THE COUNTY JAIL. Conversion Event SECTS: CREDIT FOR TIME SERVED OF I DA YS PLUS 0 DA YS GOOD AND WORK TIME FOR A TOTAL OF I DAYS. Conversion Event SE TSS: DEFENDANT IS SENTENCED TO TIME SER VED. Conversion Event SEPFX: TOTAL FINE AMOUNT PA YA BLE. INCLUDING ALL ASSESSMENTS. IS $810.00. Conversion Event SERE T: DEFENDANT ORDERED RESTI TUT ION FUND. THIS PA YMENT IS A CONDITION OF PROBA TION Conversion Event SEPF Y: DEFENDANT TO PA FINE AND ASSESSMENTS AS DIRECTED BYRE VENUE SERVICES OR PROBA TION DEPARTMENT. Conversion Event SEOAL: OBEY ALL LAWS. FOLLOW ALL ORDERS OF THE TION OFFICER AND REPORT AS DIRECTED. NOTIFY THE PROBA TION OFFICER IMMEDIA TEL OF ANY CHANGE OF RESIDENCE ADDRESS. Conversion Event SECRR: DEFENDANT ORDERED TO MAKE RESTITUTION FOR DAMAGES AS TO COUN T2 IN THE AMOUNT OF $2,359.23 PLUS A TEN PERCENT ADMINISTRATIVE FEE. Conversion Event SECRF: DEFENDANT TO PA RESTITUT ION THROUGH REVENUE SERVICES. Conversion Event SECRH: VICTIM ?8 NAME IS STA TE FARM INSURANCE . Conversion Event SEACP: DEF ENDAN TA CCEPTED TERMS AND CONDITIONS OF PROBA TION. Conversion Event MIASE: ALL SENTENCE ELEMENTS FOR THIS PROCEEDING ENTERED. Conversion Event MIENT: ENTERED BYM. KING ON 12/07/2005 . PAGE 4 OF 6 Printed on 03/04/2020 at 2:06 PM Case DocunliakrlitI 12/07/2005 12/07/2005 12/ 12/2005 12/ 12/2005 1 2/12/2005 07/14/2006 07/ 1 4/2006 07/ 18/2006 07/18/2006 07/ 18/2006 07/ 18/2006 INAL CASE SUMMARY CASE NO. SF342044A Disposition 001. FALSE OR RAUDULENT CLAIM FOR PAYMENT OF LOSS Dismissal: Negotiated Plea Charge 001 Allegation: Disposition 001. STATUTE OF LIMITATIONS Stricken Charge 001 Allegation: E01 Plea (Judicial Of?cer: SUPERIOR COURT JUDGE, SAN MATEO COUNTY) 002. I TO PRESENT CLAIM WITH FALSE INFORMATION No Contest Nolo Contendere Charge #2 002 Allegation: Conversion Event MIPPB: PARTIAL PA YMENT THROUGH REVENUE SERVICES OF $35.00 REMAINING BALANCE IS 3. 00 . Conversion Event MIPPB: PARTIAL PA YMENT THROUGH REVENUE SERVICES OF $885.00 REMAINING BALANCE IS $35.00. Conversion Event MIPIF: FINE PAID IN FULL THROUGH REVENUE SERVICES. Conversion Event MISEN: FILE SENT TO DEPT Conversion Event MATTER CONTINUED T0 07/18/2006 AT 9:00 AM. IN COURT. D- 8 FOR MODIFICA TION 0F SENTENCE . Conversion Event DOTH: ORDER THA PROBATION IS ERMINA TED AS OF JULY 18, 2006 PER HON MARK R. ORCUM. Conversion Event HHELD: HEARING HELD ON 07/18/06 AM. IN SUPERIOR COURTSOUTHERN BRANCH . D- 8. HON. MARK ORCUM, JUDGE, PRESIDING. CLERK: LESLIE SCHNEIDER. REPORTER: VALERIE CA THEY. CLERKZ: NONE. DEPUTY D.A. GALLAGHER. DEFENSE COUNSEL PRESENT: JOHNSON. Conversion Event HHMOD: MODIFICATION OF SENTENCE Conversion Event APWA T: DEFENDANT APPEARED WITH A TTORNE JOHNSON . PAGE 5 OF 6 35-1 Filed 08/18/20 Page 54 of 108 Primed on 03/04/2020 at 2:06 PM Case Document 35-1 Filed 08/18/20 Page 55 of 108 CRIMINAL 07/18/2006 07/ 18/2006 07/18/2006 07/ 18/2006 07/ 18/2006 07/18/2006 07/ 19/2006 07/21/2006 07/24/2006 07/24/2006 07/24/2006 07/24/2006 07/24/2006 07/24/2006 CASE SUMMARY CASE NO. SF342044A Conversion Event OTHER: FINE AND TUT ION HAS BEEN PAID. Conversion Event OTHER: 1203.4 PETITION AND ORDER ARE SIGNED Conversion Event PROBB: PROBA TION IS RE VOKED. Conversion Event PROBG: PROBA TION IS TERM INA TED. Conversion Event MIASE: ALL SENTENCE ELEMENTS FOR THIS ENTERED. Conversion Event MIENT: ENTERED BY ON 07/18/2006. Conversion Event MISEN: FILE SENT TO DEPT25 FOR 1203.4 Conversion Event MIRFL: FILE RETURNED CLERK '5 OFFICE. Conversion Event DPDC: PETITION TO DISMISS COUN T2 PURSUANT 0 SECTION 1203. PENAL CODE FILED. Conversion Event DCOM: ORDER GRANTING AND DISMISSING OUN T2 PURSUANT TO SECTION I 203.4/1203. 4A PENAL CODE. FILED. Conversion Event OTHER: AMENDED CII SENT TO DEPARTMENT OF JUSTICE Conversion Event FDA CI.- AMENDED ORWARDED T0 ARRESTING AGENCY. Conversion Event DCII: CII ORWARDED TO ARRESTING AGENCY. Disposition 002. TO PRESENT CLAIM WITH FALSE INFORMATION Dismissal: 1203.4 Charge 002 Allegation: PAGE 6 OF 6 Printed on 03/04/2020 at 2:06 PM Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 56 of 108 1 2 3 4 5 6 7 8 JOSEPH W. COTCHETT (SBN 36324) jcotchett@cpmlegal.com EMANUEL B. TOWNSEND (SBN 305373) etownsend@cpmlegal.com TAMARAH P. PREVOST (SBN 313422) tprevost@cpmlegal.com COTCHETT, PITRE & McCARTHY, LLP 840 Malcolm Road Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-0577 Attorneys for Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports & Entertainment 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 OAKLAND DIVISION 13 14 15 16 17 18 19 20 ALAN STRICKLAND, an individual; and KELLY STRICKLAND, an individual, v. Plaintiffs, 1. MASAI UJIRI, an individual; 2. TORONTO RAPTORS, a business entity; 3. MAPLE LEAF SPORTS & ENTERTAINMENT, a business entity; 4. NATIONAL BASKETBALL ASSOCIATION, INC.; and DOES 1 through 100, inclusive 21 Case No. 4:20-cv-000981-YGR DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM OF UJIRI DEMAND FOR JURY TRIAL Defendants. 22 23 MASAI UJIRI, an individual, Defendant/Counterclaimant, 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP v. ALAN STRICKLAND, an individual, Plaintiff/Counterdefendant. DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM OF UJIRI; Case No. 4:20-cv-000981-YGR Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 57 of 108 TABLE OF CONTENTS 1 Page No. 2 3 DEFENDANTS’ JOINT ANSWER 4 I. DEFENDANTS’ INTRODUCTORY STATEMENT ........................................................... 1 5 II. PLAINTIFFS’ COMPLAINT ................................................................................................. 2 6 PARTIES .................................................................................................................................... 2 7 JURISDICITON AND VENUE ................................................................................................. 3 8 FACTS COMMON TO ALL CAUSES OF ACTION ............................................................... 3 9 CAUSES OF ACTION ............................................................................................................. 5 10 FIRST CAUSE OF ACTION ..................................................................................................... 5 11 SECOND CAUSE OF ACTION ................................................................................................ 6 12 THIRD CAUSE OF ACTION .................................................................................................... 7 13 FOURTH CAUSE OF ACTION ................................................................................................ 8 14 FIFTH CAUSE OF ACTION ..................................................................................................... 9 15 SIXTH CAUSE OF ACTION .................................................................................................... 9 16 PRAYER FOR RELIEF ........................................................................................................... 10 17 ♼ III. IV. DEFENDANTS’ AFFIRMATIVE DEFENSES .................................................................. 10 18 FIRST AFFIRMATIVE DEFENSE ......................................................................................... 10 19 SECOND AFFIRMATIVE DEFENSE .................................................................................... 10 20 THIRD AFFIRMATIVE DEFENSE ........................................................................................ 11 21 FOURTH AFFIRMATIVE DEFENSE .................................................................................... 11 22 FIFTH AFFIRMATIVE DEFENSE ......................................................................................... 11 23 SIXTH AFFIRMATIVE DEFENSE ........................................................................................ 11 24 SEVENTH AFFIRMATIVE DEFENSE.................................................................................. 11 25 EIGHTH AFFIRMATIVE DEFENSE ..................................................................................... 11 26 NINTH AFFIRMATIVE DEFENSE ....................................................................................... 12 27 TENTH AFFIRMATIVE DEFENSE ....................................................................................... 12 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR i Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 58 of 108 1 ELEVENTH AFFIRMATIVE DEFENSE ............................................................................... 12 2 ADDITIONAL DEFENSES ..................................................................................................... 12 3 V. 4 DEMAND FOR JURY TRIAL.......................................................................................................... 13 5 COUNTERCLAIMS .......................................................................................................................... 14 6 7 8 9 10 11 DEFENDANTS' COUNTERCLAIMS I. INTRODUCTION .................................................................................................................. 14 II. JURISDICTION AND VENUE............................................................................................. 15 III. PARTIES ................................................................................................................................. 15 IV. FACTUAL ALLEGATIONS ................................................................................................. 15 12 13 14 15 16 17 18 19 20 21 22 23 24 VI. A. The 11-Second Encounter............................................................................................. 16 B. Deputy Strickland Falsifies the Encounter and Attempts to Portray Mr. Ujiri as the Initial Aggressor and an Inherently Violent Individual ................................................ 18 1. Strickland’s Description of the Encounter Has Already Been Refuted by Testimonial, Video, and Documentary Evidence ............................................. 18 2. Mr. Strickland Has a History of Committing Fraud ......................................... 26 3. Sergeant Ray Kelly Pushes Strickland’s False Narrative ................................. 26 COUNTERCLAIMS .............................................................................................................. 28 FIRST COUNTERCLAIM Fourth Amendment—Excessive Force (42 U.S.C. § 1983) (Masai Ujiri against Alan Strickland) ........................................................................... 28 SECOND COUNTERCLAIM Assault (Masai Ujiri against Alan Strickland) ........................................................................... 29 THIRD COUNTERCLAIM Battery (Masai Ujiri against Alan Strickland) ........................................................................... 30 26 FOURTH COUNTERCLAIM Intentional Infliction of Emotional Distress (Masai Ujiri against Alan Strickland) ........................................................................... 31 27 PRAYER FOR RELIEF ON COUNTERCLAIMS ........................................................................ 32 25 ♼ DEFENDANTS’ PRAYER FOR RELIEF ........................................................................... 13 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR ii Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 59 of 108 1 DEMAND FOR JURY TRIAL ON COUNTERCLAIMS.............................................................. 32 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR iii Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 60 of 108 1 Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports & Entertainment (collectively 2 referred to herein as “Defendants”) by and through their undersigned counsel, in response to the 3 Complaint of Alan Strickland and Kelly Strickland (“Plaintiffs”) answer Plaintiffs’ Complaint 4 (“Complaint”) as follows: 5 I. 1. 6 DEFENDANTS’ INTRODUCTORY STATEMENT Masai Ujiri is President of Basketball Operations (“President”) for the Toronto Raptors 7 (“Raptors”). On June 13, 2019, the Raptors defeated the Golden State Warriors in Game 6 of the 8 National Basketball Association (“NBA”) Finals, at Oracle Arena in Oakland, California. By winning 9 Game 6, the Raptors were crowned NBA champions. 2. 10 When an NBA team wins the championship, it is customary for NBA executives, like 11 Mr. Ujiri, to join their team on the court to accept the championship trophy from the Commissioner of 12 the NBA and to give a live on-camera interview. On June 13, 2019, Mr. Ujiri watched the game’s final 13 moments from the tunnel that leads to the players’ locker room at Oracle Arena. He then walked from 14 the tunnel out to the arena floor where he met and embraced his wife who was sitting in the section 15 reserved for the Raptors’ family and friends. After embracing his wife, Mr. Ujiri then proceeded 16 towards the court where he expected to meet the Raptors’ players and coaches. 3. 17 As Mr. Ujiri attempted to make his way onto the court to join his team and fulfill his 18 duties as Raptors’ President, he encountered Plaintiff Alan Strickland. Mr. Strickland was working as 19 a security guard at the game. As Mr. Ujiri attempted to enter the court, Mr. Strickland assaulted him, 20 forcefully shoving him back once and then twice. Mr. Ujiri then shoved Mr. Strickland in the chest. 21 Other than the shoves, the two men did not have any further physical contact with each other. The 22 entire encounter between Mr. Strickland and Mr. Ujiri was brief. Mr. Ujiri was eventually escorted to 23 the court where he joined his team, accepted the championship trophy, and gave a live on camera 24 interview. 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 1 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 61 of 108 II. 1 PLAINTIFFS’ COMPLAINT PARTIES 2 3 Answering the allegations contained in Paragraph 1 of the Complaint, Defendants lack 4 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 5 and on that basis deny each and every allegation contained therein. 6 7. Answering the allegations contained in Paragraph 2 of the Complaint, Defendants lack 7 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 8 and on that basis deny each and every allegation contained therein. 9 10 11 8. Answering the allegations contained in Paragraph 3 of the Complaint, Defendants admit that Masai Ujiri is an individual adult and natural person residing in Toronto, Canada. 9. Answering the allegations contained in Paragraph 4 of the Complaint, Defendants admit 12 the Toronto Raptors are a business entity. Defendants further admit the Toronto Raptors has its 13 principal place of business in Canada. 14 10. Answering the allegations contained in Paragraph 5 of the Complaint, Defendants admit 15 Maple Leaf Sports & Entertainment is a business entity. Defendants further admit Maple Leaf Sports 16 & Entertainment has its principal place of business in Canada. 17 11. Answering the allegations contained in Paragraph 6 of the Complaint, Defendants admit 18 the National Basketball Association is a membership association that operates a professional basketball 19 league consisting of thirty members and their member teams, with its principal place of business in 20 New York, New York. 21 12. Answering the allegations contained in Paragraph 7 of the Complaint, Defendants lack 22 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 23 and on that basis deny each and every allegation contained therein. 24 25 26 27 ♼ 6. 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP 13. Answering the allegations contained in Paragraph 8 of the Complaint, Defendants deny each and every allegation contained therein. 14. Answering the allegations contained in Paragraph 9 of the Complaint, Defendants deny each and every allegation contained therein. DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 2 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 62 of 108 15. 1 2 Answering the allegations contained in Paragraph 10 of the Complaint, Defendants deny each and every allegation contained therein. JURISDICITON AND VENUE 3 16. 4 Answering the allegations contained in Paragraph 11 of the Complaint, Defendants deny 5 the amount in controversy exceeds the value of $75,000.00. Defendants further aver they did not cause 6 any injury or damage to Plaintiffs, and therefore, the amount in controversy is zero. 17. 7 Answering the allegations contained in Paragraph 12 of the Complaint, Defendants deny 8 the Northern District of California is the proper venue for this matter because the amount in controversy 9 is zero. FACTS COMMON TO ALL CAUSES OF ACTION 10 18. 11 Answering the allegations contained in Paragraph 13 of the Complaint, Defendants 12 incorporate by reference their answers to Paragraphs 1 through 12, inclusive, as though fully set forth 13 herein. 14 15 16 19. Answering the allegations contained in Paragraph 14 of the Complaint, Defendants deny each and every allegation contained therein. 20. Answering the allegations contained in Paragraph 15 of the Complaint, Defendants deny 17 Plaintiffs sustained any personal injuries or damages arising from an incident involving Plaintiff Alan 18 Strickland and any of the Defendants named in the Complaint. Defendants admit Masai Ujiri 19 encountered Plaintiff Alan Strickland at or around 9:00 P.M. on June 13, 2019 at Oracle Arena in 20 Oakland, California. 21 21. Answering the allegations contained in Paragraph 16 of the Complaint, Defendants lack 22 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 23 and on that basis deny each and every allegation contained therein. 24 22. Answering the allegations contained in Paragraph 17 of the Complaint, Defendants lack 25 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 26 and on that basis deny each and every allegation contained therein. 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 3 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 63 of 108 1 23. Answering the allegations contained in Paragraph 18 of the Complaint, Defendants lack 2 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 3 and on that basis deny each and every allegation contained therein. 4 24. Answering the allegations contained in Paragraph 19 of the Complaint, Defendants lack 5 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 6 and on that basis deny each and every allegation contained therein. 7 25. Answering the allegations contained in Paragraph 20 of the Complaint, Defendants 8 admit Masai Ujiri was wearing a suit and necktie when he encountered Plaintiff Alan Strickland on 9 June 13, 2019 at Oracle Arena. Defendants lack sufficient knowledge or information to form a belief 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 as to the truth of the remaining allegations in Paragraph 20. 26. Answering the allegations contained in Paragraph 21 of the Complaint, Defendants deny each and every allegation contained therein. 27. Answering the allegations contained in Paragraph 22 of the Complaint, Defendants deny each and every allegation contained therein. 28. Answering the allegations contained in Paragraph 23 of the Complaint, Defendants deny each and every allegation contained therein. 29. Answering the allegations contained in Paragraph 24 of the Complaint, Defendants deny each and every allegation contained therein. 30. Answering the allegations contained in Paragraph 25 of the Complaint, Defendants deny each and every allegation contained therein. 31. Answering the allegations contained in Paragraph 26 of the Complaint, Defendants deny each and every allegation contained therein. 32. Answering the allegations contained in Paragraph 27 of the Complaint, Defendants deny each and every allegation contained therein. 33. Answering the allegations contained in Paragraph 28 of the Complaint, Defendants deny each and every allegation contained therein. 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 4 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 64 of 108 34. 1 2 Answering the allegations contained in Paragraph 29 of the Complaint, Defendants deny each and every allegation contained therein. 35. 3 Answering the allegations contained in Paragraph 30 of the Complaint, Defendants lack 4 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 5 and on that basis deny each and every allegation contained therein. 36. 6 7 Answering the allegations contained in Paragraph 31 of the Complaint, Defendants deny each and every allegation contained therein. 8 III. CAUSES OF ACTION 9 FIRST CAUSE OF ACTION 10 (Assault — Plaintiff ALAN STRICKLAND Against All Defendants, 11 Including DOES 1 through 100) 37. 12 Answering the allegations contained in Paragraph 32 of the Complaint, Defendants 13 incorporate by reference their answers to Paragraphs 1 through 31, inclusive, as though fully set forth 14 herein. 15 16 17 18 19 20 21 22 23 24 25 26 38. Answering the allegations contained in Paragraph 33 of the Complaint, Defendants deny each and every allegation contained therein. 39. Answering the allegations contained in Paragraph 34 of the Complaint, Defendants deny each and every allegation contained therein. 40. Answering the allegations contained in Paragraph 35 of the Complaint, Defendants deny each and every allegation contained therein. 41. Answering the allegations contained in Paragraph 36 of the Complaint, Defendants deny each and every allegation contained therein. 42. Answering the allegations contained in Paragraph 37 of the Complaint, Defendants deny each and every allegation contained therein. 43. Answering the allegations contained in Paragraph 38 of the Complaint, Defendants deny each and every allegation contained therein. 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 5 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 65 of 108 44. 1 2 Answering the allegations contained in Paragraph 39 of the Complaint, Defendants deny each and every allegation contained therein. 3 SECOND CAUSE OF ACTION 4 (Battery — Plaintiff ALAN STRICKLAND Against All Defendants, 5 Including DOES 1 through 100) 45. 6 Answering the allegations contained in Paragraph 40 of the Complaint, Defendants 7 incorporate by reference their answers to Paragraphs 1 through 39, inclusive, as though fully set forth 8 herein. 46. 9 10 deny each and every allegation contained therein. 47. 11 12 48. 49. 50. 51. Answering the allegations contained in Paragraph 46 of the Complaint, Defendants deny each and every allegation contained therein. 52. 21 22 Answering the allegations contained in Paragraph 45 of the Complaint, Defendants deny each and every allegation contained therein. 19 20 Answering the allegations contained in Paragraph 44 of the Complaint, Defendants deny each and every allegation contained therein. 17 18 Answering the allegations contained in Paragraph 43 of the Complaint, Defendants deny each and every allegation contained therein. 15 16 Answering the allegations contained in Paragraph 42 of the Complaint, Defendants deny each and every allegation contained therein. 13 14 Answering the allegations contained in Paragraph 41 of the Complaint, Defendants Answering the allegations contained in Paragraph 47 of the Complaint, Defendants deny each and every allegation contained therein. 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 6 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 66 of 108 1 THIRD CAUSE OF ACTION 2 (Intentional Infliction of Emotional Distress — Plaintiff ALAN STRICKLAND Against All 3 Defendants, 4 Including DOES 1 through 100) 53. 5 Answering the allegations contained in Paragraph 48 of the Complaint, Defendants 6 incorporate by reference their answers to Paragraphs 1 through 47, inclusive, as though fully set forth 7 herein. 54. 8 9 each and every allegation contained therein. 55. 10 11 56. 57. 58. 59. 60. 61. Answering the allegations contained in Paragraph 56 of the Complaint, Defendants deny each and every allegation contained therein. 62. 24 25 Answering the allegations contained in Paragraph 55 of the Complaint, Defendants deny each and every allegation contained therein. 22 23 Answering the allegations contained in Paragraph 54 of the Complaint, Defendants deny each and every allegation contained therein. 20 21 Answering the allegations contained in Paragraph 53 of the Complaint, Defendants deny each and every allegation contained therein. 18 19 Answering the allegations contained in Paragraph 52 of the Complaint, Defendants deny each and every allegation contained therein. 16 17 Answering the allegations contained in Paragraph 51 of the Complaint, Defendants deny each and every allegation contained therein. 14 15 Answering the allegations contained in Paragraph 50 of the Complaint, Defendants deny each and every allegation contained therein. 12 13 Answering the allegations contained in Paragraph 49 of the Complaint, Defendants deny Answering the allegations contained in Paragraph 57 of the Complaint, Defendants deny each and every allegation contained therein. 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 7 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 67 of 108 1 FOURTH CAUSE OF ACTION 2 (Negligence — Plaintiff ALAN STRICKLAND Against MASAI UJIRI, 3 Including DOES 1 through 100) 63. 4 Answering the allegations contained in Paragraph 58 of the Complaint, Defendants 5 incorporate by reference their answers to Paragraphs 1 through 57, inclusive, as though fully set forth 6 herein. 64. 7 8 deny each and every allegation contained therein. 65. 9 10 66. 67. 68. 69. 70. Answering the allegations contained in Paragraph 65 of the Complaint, Defendants deny each and every allegation contained therein. 71. 21 22 Answering the allegations contained in Paragraph 64 of the Complaint, Defendants deny each and every allegation contained therein. 19 20 Answering the allegations contained in Paragraph 63 of the Complaint, Defendants deny each and every allegation contained therein. 17 18 Answering the allegations contained in Paragraph 62 of the Complaint, Defendants deny each and every allegation contained therein. 15 16 Answering the allegations contained in Paragraph 61 of the Complaint, Defendants deny each and every allegation contained therein. 13 14 Answering the allegations contained in Paragraph 60 of the Complaint, Defendants deny each and every allegation contained therein. 11 12 Answering the allegations contained in Paragraph 59 of the Complaint, Defendants Answering the allegations contained in Paragraph 66 of the Complaint, Defendants deny each and every allegation contained therein. 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 8 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 68 of 108 1 FIFTH CAUSE OF ACTION 2 (Negligence — Plaintiff ALAN STRICKLAND Against MASAI UJIRI, TORONTO RAPTORS, 3 MAPLE LEAF SPORTS & ENTERTAINMENT, NATIONAL BASKETBALL ASSOCIATION, 4 INC., Including DOES 1 through 100) 72. 5 6 incorporate by reference their answers to Paragraphs 1 through 66, inclusive, as though fully set forth 7 herein. 73. 8 9 11 74. 75. 76. 77. 78. Answering the allegations contained in Paragraph 73 of the Complaint, Defendants deny each and every allegation contained therein. 79. 20 21 Answering the allegations contained in Paragraph 72 of the Complaint, Defendants deny each and every allegation contained therein. 18 19 Answering the allegations contained in Paragraph 71 of the Complaint, Defendants deny each and every allegation contained therein. 16 17 Answering the allegations contained in Paragraph 70 of the Complaint, Defendants deny each and every allegation contained therein. 14 15 Answering the allegations contained in Paragraph 69 of the Complaint, Defendants deny each and every allegation contained therein. 12 13 Answering the allegations contained in Paragraph 68 of the Complaint, Defendants deny each and every allegation contained therein. 10 Answering the allegations contained in Paragraph 74 of the Complaint, Defendants deny each and every allegation contained therein. SIXTH CAUSE OF ACTION 22 23 (Loss of Consortium — Plaintiff KELLY STRICKLAND Against All Defendants, 24 Including DOES 1 through 100) 80. 25 ♼ Answering the allegations contained in Paragraph 67 of the Complaint, Defendants Answering the allegations contained in Paragraph 75 of the Complaint, Defendants 26 incorporate by reference their answers to Paragraphs 1 through 74, inclusive, as though fully set forth 27 herein. 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 9 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 69 of 108 81. 1 Answering the allegations contained in Paragraph 76 of the Complaint, Defendants lack 2 sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, 3 and on that basis deny each and every allegation contained therein. 82. 4 5 Answering the allegations contained in Paragraph 77 of the Complaint, Defendants deny each and every allegation contained therein. PRAYER FOR RELIEF 6 83. 7 8 Plaintiffs are entitled to any relief sought in their prayer for relief. 84. 9 10 Answering the allegations contained in Paragraph 78 of the Complaint, Defendants deny To the extent not expressly admitted, denied, or qualified above, Defendants deny each and every remaining allegation of Plaintiffs’ Complaint. 11 IV. DEFENDANTS’ AFFIRMATIVE DEFENSES 12 By alleging the Affirmative Defenses set forth below, Defendants do not agree or concede they 13 bear the burden of proof or the burden of persuasion on any of these issues, whether in whole or in part. 14 For their Affirmative Defenses to the Complaint, Defendants allege as follows: 15 FIRST AFFIRMATIVE DEFENSE 16 (Failure to State a Claim) Plaintiffs’ Complaint, on one or more claims for relief set forth therein, fails to state a claim 17 18 upon which relief can be granted. 19 SECOND AFFIRMATIVE DEFENSE 20 (Lack of Subject Matter Jurisdiction) 21 The claims made in the Complaint are barred, in whole or in part, because the Court lacks 22 subject matter jurisdiction over Plaintiffs’ claims. Defendants have not caused Plaintiff any injury and 23 therefore Plaintiffs cannot establish the amount in controversy exceeds $75,000.00 as required to 24 establish subject matter jurisdiction pursuant to 28 U.S.C. § 1332. 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 10 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 70 of 108 1 THIRD AFFIRMATIVE DEFENSE 2 (Self Defense) 3 The claims made in the Complaint are barred, in whole or in part, because Defendant Masai 4 Ujiri was acting in self-defense when he made physical contact with Plaintiff Alan Strickland and 5 therefore Defendants are not responsible for Plaintiffs’ alleged harm. 6 FOURTH AFFIRMATIVE DEFENSE 7 (Primary Assumption of Risk) 8 9 The claims made in the Complaint are barred, in whole or in part, because Plaintiff Alan Strickland’s alleged injuries arose from a risk inherent in the occupation of security guard. 10 FIFTH AFFIRMATIVE DEFENSE 11 (Comparative Fault) 12 13 The claims made in the Complaint are barred, in whole or in part, because Plaintiff Alan Strickland’s own negligence contributed to his alleged harm. 14 SIXTH AFFIRMATIVE DEFENSE 15 (Waiver) 16 The claims made in the Complaint are barred, in whole or in part, because Plaintiffs have 17 waived their right, if any, to pursue the claims in the Complaint, and each purported cause of action 18 contained therein, by reason of Plaintiffs’ own actions and course of conduct. 19 SEVENTH AFFIRMATIVE DEFENSE 20 (Failure to Mitigate) 21 22 The claims made in the Complaint are barred, in whole or in part, because of Plaintiffs’ failure to mitigate damages, if such damages exist. 23 EIGHTH AFFIRMATIVE DEFENSE 24 (Acts of Plaintiff) 25 The damages, if any, that were allegedly sustained by Plaintiffs as a result of the acts 26 complained of in the Complaint were caused in whole or in part or were contributed to by reason of the 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 11 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 71 of 108 1 acts, omissions, negligence, and/or intentional misconduct of Plaintiffs, its agents, predecessors, and/or 2 related entities. 3 NINTH AFFIRMATIVE DEFENSE 4 (No Causation) The claims made in the Complaint are barred, in whole or in part, because Plaintiffs’ damages, 5 6 if any, were not caused by Defendants. 7 TENTH AFFIRMATIVE DEFENSE 8 (No Damage) 9 Without admitting that the Complaint states a claim, there has been no damage in any amount, 10 manner or at all by reason of any act alleged against Defendants in the Complaint, and the relief prayed 11 for in the Complaint therefore cannot be granted. 12 ELEVENTH AFFIRMATIVE DEFENSE 13 (Unclean Hands) The claims made in the Complaint are barred, in whole or in part, by the doctrine of unclean 14 15 hands. ADDITIONAL DEFENSES 16 Defendants reserve the right to assert additional defenses based on information learned or 17 18 obtained during discovery. 19 20 21 22 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 12 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 72 of 108 V. 1 DEFENDANTS’ PRAYER FOR RELIEF 2 WHEREFORE, Defendants pray this Court enter judgment as follows: 3 1. That Plaintiffs take nothing by their Complaint; 4 2. For judgment in favor of Defendants; and 5 4. For such other and further relief as this Court deems just and proper; including 6 costs and any other monies to which Defendants are entitled. 7 8 Dated: August 19, 2020 9 COTCHETT, PITRE & McCARTHY, LLP By: 10 11 /s/ Joseph W. Cotchett JOSEPH W. COTCHETT EMANUEL B. TOWNSEND TAMARAH P. PREVOST Attorneys for Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports & Entertainment 12 13 14 15 16 DEMAND FOR JURY TRIAL Defendants demand trial by jury on all issues so triable. 17 18 19 20 21 22 23 Dated: August 19, 2020 COTCHETT, PITRE & McCARTHY, LLP By: /s/ Joseph W. Cotchett JOSEPH W. COTCHETT EMANUEL B. TOWNSEND TAMARAH P. PREVOST Attorneys for Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports & Entertainment 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 13 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 73 of 108 COUNTERCLAIMS 1 2 I. 1. 3 Alameda County Sheriff’s deputy Alan Strickland is perpetrating a fraud against Masai 4 Ujiri, the Toronto Raptors, the NBA, and the California Division of Workers’ Compensation by falsely 5 claiming he was injured during a brief encounter with Toronto Raptors’ President, Masai Ujiri, after 6 Game 6 of the NBA Finals. There is, however, no objective evidence to support Mr. Strickland’s 7 alleged injuries and video evidence, including footage from Mr. Strickland’s body camera, 1 shows Mr. 8 Strickland subjected Mr. Ujiri to an unprovoked and unnecessary use of excessive force. 2. 9 In fact, Mr. Strickland’s version of the 11 second encounter he had with Mr. Ujiri 10 after Game 6 is, in all material respects, a complete fabrication. Sadly, Mr. Strickland’s dishonest 11 account of the encounter is a narrative that has become somewhat familiar: a law enforcement officer 12 using their position, engages in unjustified violence against a peaceful individual, then lies about the 13 encounter by characterizing the victim as the aggressor. To be sure, the great majority of law 14 enforcement officers do not conduct themselves in this way. Mr. Strickland, however, has chosen 15 dishonesty over integrity. Motivated by greed (and perhaps revenge), Mr. Strickland continues to lie 16 about his encounter with Mr. Ujiri in an attempt to support his frivolous lawsuit. 3. 17 In this case, Mr. Strickland has not only falsified facts relating to nearly every aspect 18 of the encounter, he has also falsely alleged that Mr. Ujiri has a stereotypical “predisposition and 19 propensity for physical violence.” Mr. Strickland has promulgated disparaging and dehumanizing 20 lies about Mr. Ujiri’s character in an attempt to justify Mr. Strickland’s wrongdoing. As discussed 21 below, however, video footage and a number of eyewitness accounts establish that Mr. Ujiri was the 22 victim of Mr. Strickland’s intentional conduct and that Mr. Strickland used unnecessary violence and 23 profanity to escalate what should have been a peaceful encounter. 4. 24 Mr. Strickland has brought a frivolous lawsuit against Mr. Ujiri, the Toronto Raptors, 25 and the NBA claiming he was permanently injured when Mr. Ujiri “punched” him in the face. This 26 is a lie. There is no objective medical evidence or other evidence that supports Mr. Strickland’s 27 ♼ INTRODUCTION 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP Footage from Mr. Strickland’s Body Camera and the Oracle Arena security footage are attached hereto as Exhibit 1 (https://cpmlegal.sharefile.com/d-s8f21d1caa55424ab). 1 DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 14 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 74 of 108 1 claim that Mr. Ujiri punched him in the face. Additionally, three (3) eyewitnesses, all of whom were 2 within mere feet of the encounter, and who can be seen in Mr. Strickland’s body camera footage, 3 have declared under penalty of perjury that Mr. Ujiri did not punch or even touch Mr. Strickland’s 4 face during the encounter. 5. 5 6 unanswered. Mr. Ujiri brings counterclaims against Mr. Strickland for his use of unnecessary force 7 against Mr. Ujiri and other claims. Through his counterclaims, Mr. Ujiri seeks nominal and punitive 8 damages. 9 II. JURISDICTION AND VENUE 6. 10 This action arises under Title 42 United States Code section 1983. Jurisdiction is 11 conferred upon this court by Title 28 United States Code sections 1331, 1343 and 1367. The unlawful 12 acts and practices alleged herein occurred in Alameda County, California, which is within this judicial 13 district. Venue is conferred upon this court by Title 28 United States Code section 1391(b). 7. 14 The Court has supplemental jurisdiction over Counterclaimants’ state law claims 15 pursuant to Title 28 United States Code section 1367(a). 16 III. 18 PARTIES 8. 17 At all times herein mentioned, Plaintiff/Counterdefendant Alan Strickland was, and is now, an individual adult natural person residing in the State of California. 9. 19 At all times herein mentioned, Defendant/Counterclaimant Masai Ujiri was, and now is, 20 an individual adult natural person residing in Toronto, Canada. 21 IV. 22 FACTUAL ALLEGATIONS 10. On June 13, 2019, the Toronto Raptors (“Raptors”) won their first NBA Championship 23 when they defeated the Golden State Warriors at Oracle Arena in Oakland, California during Game 6 24 of the 2019 NBA Finals. For Raptors’ President, Masai Ujiri, the victory was the realization of a long- 25 held dream he worked tirelessly for many years to achieve. 26 27 ♼ The fraudulent claims Mr. Strickland seeks to levy against Mr. Ujiri cannot go 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP 11. Mr. Ujiri’s NBA career began roughly eighteen years ago, when he worked as a youth basketball coach in Nigeria and as an unpaid scout for the NBA’s Orlando Magic. He worked his way DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 15 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 75 of 108 1 up from unpaid scout to become the General Manager of the NBA’s Denver Nuggets in 2010, the 2013 2 NBA Executive of the Year, and ultimately the President of the Toronto Raptors. For the past seventeen 3 years he has spent his summers traversing the African continent holding youth basketball camps and 4 promoting basketball throughout Africa. 5 12. When the final buzzer sounded indicating the conclusion of Game 6 and solidifying the 6 Raptors’ first ever NBA Championship, Mr. Ujiri was filled with excitement and pride for himself and 7 his team. He was happy for his family as well. He thought of the young people in Africa and other 8 people of color, and how this extraordinary accomplishment would inspire them to believe they could 9 achieve great things despite the many obstacles they faced. 10 13. When an NBA team wins the championship, it is customary for NBA executives, like 11 Mr. Ujiri, to join their team on the court to accept the championship trophy from the Commissioner of 12 the NBA and to give a live on-camera interview. Following the buzzer, Mr. Ujiri walked out to the 13 arena floor from the tunnel where he had watched the final moments of Game 6. Before heading to 14 join his team on the court, he stopped to embrace his wife who was sitting in the section near the court 15 reserved for the Raptors’ families and friends. Mr. Ujiri shared a special moment with his wife and 16 then turned to make his way towards the court where he was to meet the Raptors’ players and coaches. 17 A. The 11-Second Encounter 18 14. As Mr. Ujiri turned from his wife to walk towards the court, he walked past arena 19 security without incident. As he attempted to make his way onto the court to join his team and fulfill 20 his duties as Raptors’ President, however, he encountered Plaintiff/Counterdefendant Alan 21 Strickland. Alan Strickland, an Alameda County Sheriff’s Deputy, was working as a security guard 22 at the game. As Mr. Ujiri attempted to enter the court, Mr. Strickland grabbed him by the arm, told 23 him to “back the fuck up,” and forcefully shoved him back once and then twice. After being cursed 24 at and shoved forcefully twice, Mr. Ujiri pushed Mr. Strickland in the chest. Other than these shoves, 25 the two men did not have any further physical contact with each other. The entire encounter between 26 Mr. Strickland and Mr. Ujiri was brief—approximately 11 seconds as shown on film. 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 16 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 76 of 108 1 The entire incident was caught on camera. The video footage shows Mr. Strickland 2 was undeniably the initial aggressor. Mr. Ujiri was immediately escorted to the court where he 3 joined his team, accepted the championship trophy, and gave a live on-camera interview. Mr. 4 Strickland continued to work the duration of his shift apparently (by all video footage available) 5 unscathed and physically fine. 6 16. Mr. Strickland is 6’0” tall and 260 lbs. Mr. Ujiri is 6’4” tall and 210 lbs. Mr. 7 Strickland did not fall to the ground when Mr. Ujiri pushed him, and eyewitness testimony, video 8 evidence, and photographic evidence shows that he was not injured after his encounter with Mr. Ujiri. 9 Eyewitness testimony and video evidence also confirm that Mr. Ujiri pushed Mr. Strickland back in 10 11 the chest with two hands only after Mr. Strickland assaulted him by shoving him forcefully twice. 17. As explained further below, video and eyewitness evidence clearly establish that Mr. 12 Strickland used unnecessary and excessive force during his encounter with Mr. Ujiri. Mr. 13 Strickland’s two forceful shoves over what should have been a simple misunderstanding, were 14 entirely unjustified. It is undisputed that Mr. Ujiri, as Raptors’ President, was authorized to enter the 15 basketball court to join his team and celebrate his team’s victory and the biggest accomplishment of 16 his professional career. When Mr. Strickland assaulted him, Mr. Ujiri was not violating any rule or 17 acting aggressively. He was simply trying to join his team on the court for a victory celebration. 18 ♼ 15. 18. Before he reached Mr. Strickland’s post, Mr. Ujiri had walked past a number of Oracle 19 Arena security personnel without incident, because he had an all-access credential that allowed him 20 to access virtually every part of Oracle Arena, including the location he was at when he encountered 21 Mr. Strickland. Because he had walked by so many Oracle Arena security personnel without 22 incident, Mr. Ujiri reasonably assumed he could continue his path to join the Raptors’ players and 23 coaches. Thus, when Mr. Strickland suddenly grabbed Mr. Ujiri’s arm, Mr. Ujiri understandably 24 reacted by pulling his arm away. At that time, Mr. Strickland could have asked Mr. Ujiri to see his 25 credentials. Instead he forcefully shoved Mr. Ujiri in the chest and told him to “back the fuck up.” 26 There was no reason to view Mr. Ujiri as a threat to anyone and no reason for Mr. Strickland to curse 27 at Mr. Ujiri and forcefully shove him as numerous witnesses observed. 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 17 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 77 of 108 19. 1 After being shoved and cursed at, Mr. Ujiri did not respond aggressively towards Mr. 2 Strickland. Instead, he calmly asked Mr. Strickland why he had pushed him, informed Mr. Strickland 3 he was the Raptors’ President, and held up his all-access arena credential to show it to Mr. Strickland. 4 Rather than trying to communicate with Mr. Ujiri, Mr. Strickland chose to dismiss Mr. Ujiri’s claim 5 that he was the Raptors’ President and ignore the all-access credential Mr. Ujiri was trying to show 6 him. Mr. Strickland then forcefully shoved Mr. Ujiri a second time. Only after being unjustifiably 7 told to “back the fuck up” and shoved twice did Mr. Ujiri show any response and return a shove to 8 Mr. Strickland’s chest. Mr. Ujiri’s defensive response was a reasonable and justified reaction to Mr. 9 Strickland’s use of unnecessary and excessive force. 10 B. 11 1. 12 20. 13 14 Deputy Strickland Falsifies the Encounter and Attempts to Portray Mr. Ujiri as the Initial Aggressor and an Inherently Violent Individual Strickland’s Description of the Encounter Has Already Been Refuted by Testimonial, Video, and Documentary Evidence As previously mentioned, Mr. Strickland’s version of the brief encounter he had with Mr. Ujiri is, in all material respects, a complete fabrication. a. 15 21. 16 Strickland’s Claims are Contradicted by Video Footage Mr. Strickland contends Mr. Ujiri used his right hand to forcefully slap Mr. 17 Strickland’s left hand as Mr. Ujiri attempted to walk past him. This is false. 2 The arena footage 18 clearly shows Mr. Ujiri simply pulled his right hand away in an upward motion as Mr. Strickland 19 grabbed him. 22. 20 Mr. Strickland contends Mr. Ujiri held his credentials out of Mr. Strickland’s view and 21 then waived them aggressively in Mr. Strickland’s face. This is false. The arena footage and 22 Strickland’s body camera footage show Mr. Ujiri held his credential up to show it to Mr. Strickland 23 while calmly asking Mr. Strickland why he had pushed him and informing Mr. Strickland that he was 24 the Raptors’ President. See Strickland’s body camera footage attached hereto as Exhibit 1. The 25 arena footage shows Mr. Strickland did not look up at Mr. Ujiri’s credential. The body camera 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP 2 Though discovery is in its infancy, each of the following statements are taken from Mr. Strickland’s verified discovery responses. DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 18 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 78 of 108 1 footage shows Mr. Strickland dismissed Mr. Ujiri’s claim to be the Raptors’ President, and instead 2 forcefully shoved Mr. Ujiri a second time. 23. 3 Mr. Strickland contends that after he pushed Mr. Ujiri the first time, Mr. Ujiri re- 4 approached him in “a quick and aggressive manner.” This is false. The video evidence (arena 5 footage and body camera footage) shows that after Mr. Strickland forcefully shoved Mr. Ujiri the first 6 time, Mr. Ujiri held up his credential to show Mr. Strickland his all-access credential, calmly asked 7 Mr. Strickland why he had pushed him, and calmly informed Mr. Strickland he was the Raptors’ 8 President. Mr. Strickland’s characterization of “quick and aggressive” is one of many examples of 9 his hyperbole. 24. 10 Most importantly, Mr. Strickland contends Mr. Ujiri struck him in the face with a 11 highly unorthodox two-fisted, straight arm punch. This is completely false as shown by the video 12 footage and witness statements. To date, Mr. Strickland has provided no objective evidence that 13 even remotely supports his claim to have been punched in his face. Rather, eyewitness accounts and 14 video evidence establish that Mr. Ujiri did not punch or strike Mr. Strickland in the face. Mr. 15 Strickland’s medical records also lack any objective evidence that he sustained a punch/strike to his 16 face. 17 b. 18 19 25. Sworn, Credible Witness Declarations Directly Contradict Strickland’s False Version of Events Declarations were obtained from Warriors fans who stood within two to four feet (if 20 not closer) of Mr. Strickland and Mr. Ujiri during the incident. See Exhibit 2, attached hereto, as 21 examples. Each of these witnesses were standing so close to the two men so as to appear in Mr. 22 Strickland’s body camera footage, which is attached hereto as Exhibit 1. Each witness has declared 23 unequivocally, under penalty of perjury, that Mr. Strickland first shoved Mr. Ujiri and only after that 24 did Mr. Ujiri then push Mr. Strickland in his chest. For example, Greg Wiener observed the 25 altercation between Mr. Strickland and Mr. Ujiri from “no more than two feet away” and “witnessed 26 Mr. Strickland…push Mr. Ujiri in the chests and Mr. Ujiri subsequently push Mr. Strickland in the 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 19 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 79 of 108 1 chest with two hands,” “saw that Mr. Ujiri’s hands landed squarely on Mr. Strickland’s chest,” and 2 that Mr. Strickland afterwards “did not appear to be injured.” (emphasis added). 3 4 The picture below was taken from Mr. Strickland’s body camera and shows just how close Mr. Wiener was to the altercation: 5 6 7 8 9 10 11 Masai Ujiri 12 13 14 15 Greg Wiener 16 17 18 19 20 21 22 23 ♼ 26. Similarly, Nancy Pike and Andrew Miller were standing a few feet from the 24 altercation and similarly have both declared that Mr. Strickland pushed Mr. Ujiri aggressively twice 25 before he returned a push to Mr. Strickland’s chest. They both unequivocally declared that Mr. 26 Ujiri’s hands did not touch Mr. Strickland’s face and that Mr. Ujiri did not have closed fists when 27 he pushed Mr. Strickland. The picture below was taken from Mr. Strickland’s body camera and 28 shows just how close all three witnesses were to the altercation. LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 20 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 80 of 108 1 2 3 4 5 Andrew Miller 6 Greg Wiener 7 8 Nancy Pike 9 10 11 12 13 14 15 The eyewitness accounts of the altercation are entirely consistent with the video 16 evidence, photographic evidence, and medical evidence. In fact, no one who witnessed the 11 second 17 incident contends they saw Mr. Ujiri strike Mr. Strickland in the face. 18 28. There are no eyewitness accounts supporting Mr. Strickland’s version of the 19 encounter. Mr. Strickland contends there are two third-party witnesses, Tomas Civindi (“Civindi”) 20 and Sucha Singh (“Singh”), who saw Mr. Ujiri punch him in the face with two fists. This is FALSE. 21 29. Civindi told the Oakland Police Department (“OPD”) that Mr. Ujiri “shoved the police 22 officer in his chest and the officer pushed [Mr. Ujiri] in return,” not in the face, contradicting Mr. 23 Strickland himself. Furthermore, Civindi’s statement is contradicted by the video evidence, which 24 shows Mr. Strickland forcefully shoved Mr. Ujiri twice before Mr. Ujiri returned a shove to Mr. 25 Strickland’s chest. Civindi’s statements do not support Mr. Strickland’s case. 26 27 ♼ 27. 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP 30. Similarly, Singh told the OPD he saw Mr. Ujiri push Mr. Strickland “in the chest area with two clenched fists.” Singh also told OPD, however, that he “was standing at the north tunnel DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 21 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 81 of 108 1 entrance of the arena” when he witnessed the encounter, but it is undisputed the encounter happened 2 near the south tunnel. Ironically, Singh is a police officer with the Los Angeles Police Department 3 who has a history of engaging in excessive force and “unconscionable acts.” See Sucha Singh v. City 4 of Los Angeles, No. B232873, 2012 WL 5872285 (Cal.App.2nd Nov. 21, 2012). He was previously 5 accused of beating a civilian with his baton and then providing misleading statements when later 6 questioned about the incident. Id. He was subsequently found to have to have engaged in excessive 7 force and “unconscionable” conduct for his actions. Id. Singh’s account of the Strickland/Ujiri 8 encounter is a transparent fabrication and he is not a reliable witness. 31. 9 Additionally, immediately after the altercation, Mr. Strickland told OPD Officer K. 10 Tikkanen that Mr. Ujiri “pushed” him “in his vest with two hands” and that one of Mr. Ujiri’s hands 11 “slipped from the outer vest carrier and hit [him] in the left part of his jaw.” Thus, Mr. Strickland 12 himself contradicted his later statements of being punched in the face with a closed fist. 3 As 13 explained in more detail below, Mr. Strickland has a history of lying, having pled guilty to insurance 14 fraud. Mr. Strickland is once again perpetrating a fraud by lying about his encounter with Mr. Ujiri 15 in an attempt to unjustly profit at the expense of others. 32. 16 A few of Mr. Strickland’s fellow officers have made various contradictory statements 17 in the media about the 11 second encounter, even though none of them witnessed the encounter. For 18 example, one day after the incident, Sergeant JD Nelson of the Alameda County Sheriff’s Office 19 characterized the encounter as a “shoving match” during which Mr. Ujiri hit Mr. Strickland in the jaw 20 with “a palm.” Similarly, five days after the incident, Sergeant Ray Kelly, also of the County 21 Sheriff’s Office, is quoted as saying Mr. Ujiri’s arm “arm struck [Mr. Strickland] in the side of the 22 head.” These statements obviously contradict Mr. Strickland’s version of the events, which further 23 strain his credibility and show he is putting forth a false narrative in an attempt to justify his use of 24 excessive force against Mr. Ujiri. Mr. Strickland told his colleagues, who repeated the statements. 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP 3 Based on his interviews of Civindi, Singh, and Mr. Strickland, officer Tikkanen concluded that Mr. Ujiri had “pushed [Mr. Strickland] with two hands in the chest” and not punched him in the face. DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 22 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 82 of 108 1 c. 2 3 4 5 33. There Is No Objective Evidence of Mr. Strickland’s Alleged Injuries There is no objective evidence supporting Mr. Strickland’s contention Mr. Ujiri punched him in the face or caused him any other injury. 34. Mr. Strickland contends he suffered a concussion and injuries to his eye, neck, 6 shoulder, jaw, and teeth as a result of his brief encounter with Mr. Ujiri. As a result of his alleged 7 injuries, he contends he underwent the following treatment: dental work/repair; chiropractic care; 8 temporomandibular joint specialist exam; physical therapy (for range of motion for his alleged neck 9 and shoulder pain); psychological counseling; oral surgeon for jaw pain; neurologist (for post- 10 11 concussion syndrome); and orthopedic surgeon (medical evaluation for surgical treatment options). 35. To date, there is no objective evidence of Mr. Strickland’s alleged injuries. Instead, 12 Mr. Strickland’s alleged injuries are based entirely on his fraudulent claim that he was punched in the 13 face. In Mr. Strickland’s discovery responses, he contends he went to the emergency room at Eden 14 Medical Center approximately five hours after the altercation and that he had “visible swelling” on 15 his “left chin area.” Pictures taken of Mr. Strickland’s face shortly after the encounter, however, 16 show he did not have any visible swelling on his face: 17 18 19 20 21 22 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 23 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 83 of 108 36. 1 Despite the above photograph, Mr. Strickland contends under penalty of perjury in his 2 verified written discovery responses that he was informed by his medical providers that he sustained 3 “severe facial bruising.” As the picture above shows, Mr. Strickland did not sustain any facial 4 bruising during his brief encounter with Mr. Ujiri. 37. 5 In his discovery responses, Mr. Strickland further contends that although “X-rays were 6 performed and were found negative for fractures or breaks on [his] jaw” he was “diagnosed with 7 possible cartilage damage to [his] jaw.” Of course, this diagnosis was based purely on Mr. 8 Strickland’s statement that he had been punched in the face and knocked unconscious by Mr. Ujiri. 9 As shown by the arena footage, Mr. Strickland did not fall down or experience a loss of 10 consciousness during the altercation: he continued to work for the entire duration of his shift. His 11 contention that he was knocked unconscious is one of his many complete fabrications. 38. 12 Despite Mr. Strickland’s contention that he was punched in the face and knocked 13 unconscious, he was never diagnosed with a concussion or any other head injury. There is no 14 objective evidence of any of the myriad injuries he contends to have sustained during his brief 15 encounter with Mr. Ujiri. Mr. Strickland’s claimed diagnosis of “post-concussive syndrome” is 16 based solely on his subjective complaints of headaches and outright lie that he was punched in the 17 face. 18 d. 19 39. 20 Mr. Strickland Has Falsely Alleged Mr. Ujiri Has a Violent Propensity In his complaint, as drafted by his attorneys, Mr. Strickland baldly alleges Mr. Ujiri 21 has “engaged in prior similar criminal conduct and/or violent conduct towards third parties” and 22 had “a propensity for physical violence” prior to his encounter with Mr. Strickland. This a complete 23 fabrication 4. Nothing could be further from the truth. Mr. Strickland has made these false allegations 24 solely to malign and defame Mr. Ujiri and support a baseless negligent hiring/supervision theory 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP This allegation is written in Plaintiffs’ complaint, filed by attorneys David Mastagni, Grant Winter, and Brett Beyler without any substantiation or factual proof of this statement. It will be dealt with separately by a proper motion. 4 DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 24 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 84 of 108 1 against the Raptors and the NBA. The truth is Mr. Ujiri has an impeccable reputation which he has 2 earned through years of hard work, humility, and charity. 3 40. 4 subsequent occasions where Mr. Ujiri has been violent with anyone. Despite this, Mr. Strickland 5 nonetheless contends he perceived Mr. Ujiri as a threat the moment he saw him. This is troubling. 6 As the video evidence shows, Mr. Ujiri approached Mr. Strickland in a calm manner and remained 7 calm even after Mr. Strickland shoved him the first time and cursed at him. Mr. Ujiri gave no 8 objective signs of being a threat to anyone. Nonetheless, Mr. Strickland contends that when he first 9 saw Mr. Ujiri, he perceived him as a threat to his safety and the safety of others. 10 41. Mr. Strickland’s perception is extremely problematic and can only be explained as the 11 product of a personal bias he maintains that led him to stereotype Mr. Ujiri as a threatening and 12 inherently violent individual. Acting on this bias, Mr. Strickland unjustifiably resorted to the use of 13 violence and vitriol toward Mr. Ujiri rather than civility and respect. e. 14 15 42. Strickland Desires to Profit from His Use of Excessive Force As explained above, Mr. Strickland’s claims that he is now permanently disabled as a 16 result of his brief shoving match with Mr. Ujiri are bereft of credibility. Mr. Strickland’s willingness 17 to pursue his frivolous claims through an orchestrated campaign of dishonesty can be explained, 18 however, by his desire for money due to an alleged injury. 19 ♼ In his discovery responses, Mr. Strickland admits he knows of no previous or 43. Financial gain is the obvious motivation for Mr. Strickland’s willingness to falsify the 20 facts about his encounter with Mr. Ujiri. The same day the Raptors secured their first NBA title and 21 Mr. Ujiri had his unfortunate encounter with Mr. Strickland, reports came out that the NBA’s 22 Washington Wizards were preparing to make a prolific offer to Mr. Ujiri in the amount of close to 23 $10 million a year to run basketball operations for the team. This was talked about in all the press 24 surrounding the final game of the NBA championship. This would have made Mr. Ujiri one of the 25 NBA’s highest-paid executives. In addition, Wizards owner Ted Leonsis was said to offer Ujiri a top 26 role at Monumental Sports and Entertainment, a holding company that oversees business for the 27 Wizards and the NHL’s Washington Capitals. These reports continued over the following two 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 25 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 85 of 108 1 weeks. In connection with these reports, it was also reported that at that time Mr. Ujiri had two years 2 remaining on his contract with the Raptors and would receive around $7 million per year. This was 3 all discussed in the sports press before Mr. Strickland filed his complaint and while his attorneys 4 were drafting his complaint. 44. 5 As explained below, Mr. Strickland has a history of committing fraud for his own 6 financial gain. Here, reports of Mr. Ujiri’s wealth along with the obvious “deep pockets” of the 7 Toronto Raptors and the NBA may have motivated Mr. Strickland to pursue his frivolous and 8 fraudulent claims. 2. 9 45. 10 Mr. Strickland Has a History of Committing Fraud Mr. Strickland has a history of committing criminal fraud. Mr. Strickland was 11 previously charged with insurance fraud and making false statements. Per court records, he 12 purposefully damaged his own vehicle and then submitted a claim to his insurer for the damage he 13 intentionally caused, and ultimately pled guilty to misdemeanor insurance fraud in December 2005. 46. 14 Despite his criminal conviction, Mr. Strickland continues to make false claims. For 15 example, Mr. Strickland claims he is suffering from debilitating post-concussive syndrome and neck 16 and shoulder pain because of the incident. These have already been exposed as dubious. Photos of 17 Mr. Strickland using a power saw in his garage and carrying boxes from his car after the incident 18 make it clear he is not injured as he has claimed to the California Division of Workers’ 19 Compensation. Attached hereto as Exhibit 3 is the Case Summary and the complaint filed against 20 Mr. Strickland by the San Mateo County District Attorneys’ office. It was filed as a felony fraud 21 claim and he plead guilty to a misdemeanor fraud, including the false claim to an insurance company. 22 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 26 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 86 of 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ♼ 47. This evidence (along with similar evidence of his untruthfulness also noted herein) 25 show that Mr. Strickland’s claims of permanent disability are dishonest and that he is perpetrating a 26 fraud against Mr. Ujiri, the Raptors, the NBA, and the California Division of Workers’ 27 Compensation. 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 27 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 87 of 108 48. 1 Mr. Strickland has filed a parallel workers’ compensation claim, on the basis that the 2 11 second incident has caused him a permanent disability that requires fully paid disability leave 3 while he “recovers” from his purportedly debilitating injuries. His workers’ compensation claims are 4 outright fraudulent and reflect an effort on Mr. Strickland’s part to wrongfully receive insurance 5 funds, giving rise to alleged workers’ compensation insurance fraud. 3. 6 49. 7 Sergeant Ray Kelly Pushes Strickland’s False Narrative Sergeant Ray Kelly of the Alameda County Sheriff’s Office has pushed the false 8 narrative in the media that Mr. Ujiri punched Mr. Strickland in the face and acted aggressively 9 towards Mr. Strickland by, among other things, presenting his credentials to Mr. Strickland in a “very 10 threatening way” without witnessing the alleged event. Sergeant Kelly’s support for Mr. 11 Strickland’s false narrative is not surprising given his relationship with Mr. Strickland. 50. 12 Sergeant Ray Kelly and Mr. Strickland are more than just co-workers. Kelly is 13 Strickland’s supervisor, and they are also friends. Mr. Strickland was deposed in his workers’ 14 compensation case and explained his friendship and relationship with Sergeant Kelly: 15 16 17 51. 18 Question: Is Sergeant Kelly a friend of yours, or is he in a supervisory capacity for you, or both? Answer: Both. Sergeant Kelly’s willingness to push a false narrative about Mr. Ujiri to support Mr. 19 Strickland’s fraudulent claims appears to be motivated by his friendship with Mr. Strickland and his 20 desire to assist and help Mr. Strickland. 21 VI. COUNTERCLAIMS 22 FIRST COUNTERCLAIM 23 Fourth Amendment—Excessive Force (42 U.S.C. § 1983) 24 (Masai Ujiri against Alan Strickland) 25 26 52. Counterclaimant repeats and re-alleges each and every allegation of this Counterclaim with the same force and effect as if fully set forth herein. 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 28 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 88 of 108 53. 1 2 told him to “back the fuck up” during an unlawful detention, he deprived Mr. Ujiri of his right to be 3 secure in his person against unreasonable searches and seizures as guaranteed to Mr. Ujiri under the 4 Fourth Amendment to the United States Constitution. 54. 5 Alan Strickland’s actions were excessive and unreasonable, especially because he did 6 not have a lawful basis to believe Masai Ujiri posed an immediate threat to the safety of Alan 7 Strickland or others or that Masai Ujiri was committing a crime or actively resisting detention. 55. 8 9 11 At all times herein relevant, Alan Strickland was an employee of the Alameda County Sheriff’s Office. 56. 10 At all times herein relevant, Alan Strickland acted or purported to act within the course and scope of his employment and under color of law. 57. 12 In the conduct described above, Alan Strickland acted willfully, wantonly, 13 maliciously, oppressively, and with conscious disregard and deliberate indifference for Masai Ujiri’s 14 rights and is therefore liable for punitive damages. 58. 15 As a legal cause of Alan Strickland’s conduct and acts alleged herein, Masai Ujiri was 16 denied his federal constitutional rights, and as a legal cause, he suffered, and continues to suffer 17 humiliation, distress, and anxiety. 62. 18 19 Counterclaimant Masai Ujiri seeks nominal damages, punitive damages, and attorneys’ fees and costs pursuant to 42 U.S.C. § 1988. WHEREFORE, Counterclaimant Masai Ujiri prays for relief as hereinafter set forth. 20 21 SECOND COUNTERCLAIM 22 Assault 23 (Masai Ujiri against Alan Strickland) 63. 24 25 27 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP Counterclaimant repeats and re-alleges each and every allegation of this Counterclaim with the same force and effect as if fully set forth herein. 64. 26 ♼ When the Counterdefendant Alan Strickland forcefully shoved Masai Ujiri twice and Alan Strickland acted, intending to cause harmful or offensive contact. /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 29 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 89 of 108 1 65. 2 offensive manner. 3 66. 4 Masai Ujiri reasonably believed that he was about to be touched in a harmful or Alan Strickland threatened to harm and touch Masai Ujiri in a harmful or offensive manner. 5 67. 6 personal dignity. 7 68. It reasonably appeared to Masai Ujiri that Alan Strickland was about to carry out the 9 69. Masai Ujiri did not consent to Alan Strickland’s conduct. 10 70. Masai Ujiri was harmed in that Alan Strickland’s conduct was a substantial factor in 8 11 Alan Strickland’s touching was offensive because it offended a reasonable sense of threat. causing Ujiri’s harm. 12 71. Masai Ujiri seeks nominal damages against Alan Strickland. 13 WHEREFORE, Counterclaimant Masai Ujiri prays for relief as hereinafter set forth. 14 THIRD COUNTERCLAIM 15 Battery 16 (Masai Ujiri against Alan Strickland) 72. 17 18 Counterclaimant repeats and re-alleges each and every allegation in this Counterclaim with the same force and effect as if fully set forth herein. 19 73. Alan Strickland touched Masai Ujiri with the intent to harm or offend him. 20 74. Masai Ujiri did not consent to the touching. 21 75. Masai Ujiri was offended by Alan Strickland’s conduct. 22 76. A reasonable person in Masai Ujiri’s situation would have been offended by the 23 touching. 24 77. Masai Ujiri seeks nominal damages against Alan Strickland. 25 WHEREFORE, Counterclaimant Masai Ujiri prays for relief as hereinafter set forth. 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 30 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 90 of 108 1 FOURTH COUNTERCLAIM 2 Intentional Infliction of Emotional Distress 3 (Masai Ujiri against Alan Strickland) 78. 4 5 Counterclaimant repeats and re-alleges each and every allegation of this Counterclaim with the same force and effect as if fully set forth herein. 6 79. 7 emotional distress. 8 80. Masai Ujiri suffered emotional distress; and 9 81. Alan Strickland’s conduct was a substantial factor in causing Masai Ujiri’s emotional 10 Alan Strickland’s conduct was outrageous and intended to cause Masai Ujiri distress. 82. 11 In the conduct described above, Alan Strickland acted willfully, wantonly, 12 maliciously, oppressively, and with conscious disregard and deliberate indifference for Masai Ujiri’s 13 rights and is therefore liable for punitive damages. Accordingly, Masai Ujiri seeks nominal and 14 punitive damages against Alan Strickland. WHEREFORE, Counterclaimant Masai Ujiri prays for relief as hereinafter set forth. 15 16 17 18 19 20 21 22 23 24 25 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP /// DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 31 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 91 of 108 PRAYER FOR RELIEF ON COUNTERCLAIMS 1 2 WHEREFORE, Counterclaimant Masai Ujiri prays for relief, as follows: 3 1. For nominal damages according to proof; 4 2. For punitive damages in a sum according to proof; 5 4. For reasonable attorney’s fees pursuant to 42 U.S.C. section 1988; 6 5. For cost of suit herein incurred; and 7 6. For such other and further relief as the Court deems just and proper. 8 9 Dated: August 18, 2020 COTCHETT, PITRE & McCARTHY, LLP 10 11 By: 12 13 14 Attorneys for Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports & Entertainment 15 16 17 18 19 20 /s/ Joseph W. Cotchett JOSEPH W. COTCHETT EMANUEL B. TOWNSEND TAMARAH P. PREVOST DEMAND FOR JURY TRIAL ON COUNTERCLAIMS Counterclaimant Masai Ujiri hereby demands a jury trial in this action. Dated: August 18, 2020 COTCHETT, PITRE & McCARTHY, LLP 21 22 23 24 25 By: /s/ Joseph W. Cotchett JOSEPH W. COTCHETT EMANUEL B. TOWNSEND TAMARAH P. PREVOST Attorneys for Defendants Masai Ujiri, Toronto Raptors, and Maple Leaf Sports & Entertainment 26 27 ♼ 28 LAW OFFICES COTCHETT, PITRE & MCCARTHY, LLP DEFENDANTS MASAI UJIRI, TORONTO RAPTORS, AND MAPLE LEAF SPORTS & ENTERTAINMENT’S AMENDED JOINT ANSWER AND COUNTERCLAIM; Case No. 4:20-cv-000981-YGR 32 Case Document 35-1 Filed 08/18/20 Page 92 of 108 EXHIBIT 1 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 93 of 108 The body camera footage and Oracle Arena security footage can be accessed using the following link: https://cpmlegal.sharefile.com/d-s8f21d1caa55424ab Case Document 35-1 Filed 08/18/20 Page 94 of 108 EXHIBIT 2 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 95 of 108 1 2 3 JOSEPH W. COTCHETT (SBN 36324) jcotchett@cpmlegal.com EMANUEL 8. TOWNSEND (SBN 305373) etownsend@cpmlegal.com TAMARAH PREVOST (SBN 313422) tprevost@cpmlegal.com 4 COTCHETT, PITRE & McCARTHY, LLP 5 840 Malcolm Road Burlingame, CA 94010 Telephone: (650) 697-6000 6 Facsimile: 7 Counsel for Dofendants Masai Ujiri, Toronto Raptors, and Maple Leof Sports & Entertainment (650) 697-0577 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 13 ALAN STRICKLAND, an individual; and KELLY STRICKLAND, an individual, Case No. 4:20-cv-000981 -YGR 14 Plaintiffs' 15 DECLARATION OF GRHG WIENHR V. 16 1. MASAI UJIRI, an individual; 17 2. TORONTO RAPTORS, a business entity; 18 19 3. MAPLE LEAF SPORTS & ENTERTAINMENT, a business entity; 20 4. NATIONAL BASKETBALL 21 22 23 ASSOCIATION, INC.; and DOES I through loo, inclusive Defendants. 24 25 26 27 28 ® LAW OFFICES CoTci ]i.:.ri. , Prl`RI: & McCMl`Hy, LLP DECLARATION OF GREG WIENHR; Case No. 4:20-cv-000981 -YGR Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 96 of 108 1 2 3 4 I, Greg Wiener, hereby declare: I. The statements made herein are of my own personal knowledge and if called upon to testify thereto I could and would do so competently. 2. On June l3, 2019 I attended Game 6 of the NBA Finals at oracle Arena in oakland, 5 California. When the game ended, I witnessed an altercation between Deputy Strickland and Masai 6 Ujiri. I witnessed the altercation between Deputy Strickland and Mr. Ujiri from no more than two 7 feet away. I was standing up when I witnessed the altercation. 8 9 3. I witnessed Deputy strickland put out his arm and touch Mr. Ujiri. I witnessed Mr. Ujiri then brush Deputy Strickland's arm away. I witnessed Deputy Strickland then push Mr. Ujiri in 10 the chest and Mr. Ujiri subsequently push Deputy Strickland in the chest with two hands. When Mr. 11 Ujiri pushed Deputy Strickland, I saw that Mr. Ujiri's hands landed squarely on Deputy Strickland's 12 chest. Deputy Strickland did not fall to the ground during the altercation. 13 14 15 16 4. After the altercation, Deputy strickland resumed his post to my immediate left-hand side and did not appear to be injured. I declare under penalty of perjury that the foregoing is true and correct. Executed this Ninth day of June, 2020, in Alamo, California. 17 18 19 ' REG WIENER 20 21 22 23 24 25 26 27 28 ® LAW OFFICES C()1 cl il.,iT, Prl`RI.. & MCC`^RTIIy, LLP DECLARATION 0F GREG WIENER; Case No. 4:20-cv-000981 -YGR LAW OFFICES MCCARTHY, LLP Case Document 35-1 Filed 08/18/20 Page 97 Of 108 JOSEPH W. COTCHETT (SBN 36324) jcotchett@cpmlega1.com EMANUEL B. TOWNSEND (SBN 305373) etownsend@cpmlegal.com TAMARAH PREVOST (SBN 313422) tprevost@cpmlegal.com COTCHETT, PITRE MCCARTHY, LLP 840 Malcolm Road Burlingame, CA 94010 Telephone: (650) 697?6000 Facsimile: (650) 697-0577 Counsel for Defendants Masai th?ri, Toronto Raptors, and Maple Leaf Sports Entertainment UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ALAN STRICKLAND, an individual; and KELLY STRICKLAND, an individual, Plaintiffs, V. 1. MASAI UJIRI, an individual; 2. TORONTO RAPTORS, a business entity; 3. MAPLE LEAF SPORTS ENTERTAINMENT, a business entity; 4. NATIONAL BASKETBALL ASSOCIATION, and DOES 1 through 100, inclusive Defendants. Case No. DECLARATION OF NANCY PIKE DECLARATION OF NANCY Case NO. LAW OFFICES Corcasrr, MCCARTHY, LLP Case Document 35-1 Filed 08/18/20 Page 98 of 108 1, Nancy Pike, hereby declare: 1. The statements made herein are of my own personal knowledge and if called upon to testify thereto I could and would do so competently. 2. On June 13, 2019 I attended Game 6 of the NBA Finals at Oracle Arena in Oakland, California (?Game I watched the game from my seat, which was located in section 7, row A1, seat number 1. During the fourth quarter, I noticed Alan Strickland stationed at his security post and noticed that he appeared to be angry. My seat was only a few feet from where Mr. Strickland was stationed during the fourth quarter and immediate conclusion of Game 6. 3. When the game ended, I witnessed an altercation between Mr. Strickland and Masai Ujiri. I witnessed the altercation between Mr. Strickland and Mr. Ujiri from my seat, which was roughly four feet from where the altercation occurred. I was standing when I witnessed the altercation. I attended the game with my friend, Andrew Miller. 4. I witnessed Mr. Strickland push Mr. Ujiri aggressively twice in his chest with two hands and Mr. Ujiri then return a push, with two hands, to Mr. Strickland?s chest. When Mr. Ujiri pushed Mr. Strickland, I saw that his hands touched Mr. Strickland?s chest. Mr. Ujiri?s hands did not touch Mr. Strickland?s face and Mr. Ujiri did not hit Mr. Strickland with closed ?sts. 5. Mr. Strickland did not fall to the ground during the altercation and did not appear to be injured after the altercation. I declare under penalty of perjury that the foregoing is true and correct. Executed this ninth Orin/raga NA PIKE day of June 2020, in Orinda, California. DECLARATION OF NANCY Case No. 1 OFFICES MCCARTHY. LLP Case Document 35-1 Filed 08/18/20 Page 99 of 108 JOSEPH W. COTCI-IETT (SEN 36324) EMANUEL B. TOWNSEND (SBN 305373) etownsend@cpmlegal.com TAMARAH PREVOST (SBN 313422) tprevost@epm1egal.com OTCHETT, PITRE LLP 840 Malcohn Road Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-05 77 Counseifnr Defenahnts Masai wiri, Toronto Raptors, and Maple Leaf Sports Entertainment UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ALAN STRICKLAND, an individual; and KELLY STRICKLAND, an individual, Plaintiffs, v. 1. MASAI UJIRI, an individual; 2. TORONTO a business entity; 3. MAPLE LEAF SPORTS a business entity; 4. NATIONAL BASKETBALL ASSOCIATION, and DOES 1 through 100; inclusive Defendants. Case No. DECLARATION OF ANDREW MJLLER DECLARATION OF ANDREW Case No. 9 Law ounces MECARIHT, LLP Case Document 35-1 Filed 08/18/20 Page 100 of 108 I, Andrew Miller, hereby declare: 1. The statements made herein are of my own personal knowledge and if called upon to testify thereto I could and would do so competently. 2. On June 13, 20191 attended Game 6 of the NBA Finals at Oracle Arena in Oakland, California (?Game I watched the game from my seat, which was located in section 7, row Al, seat number 2. During the fourth quarter, I noticed Alan Strickland stationed at his security post. My seat was only a few feet from where Mr. Strickland was stationed durin the fourth quarter and immediate conclusion of Game 6. 3. When the game ended, I witnessed an altercation between Mr. Strickland and Mr. jiri. I witnessed the altercation between Mr. Strickland and Mr. Ujiri from my seat, which was roughly four feet from where the altercation occurred. I was standing when I witnessed the altercation. I attended the game with my ?iend, Nancy Pike. 4. I wimessed Mr. Strickland push Mr. Ujiri aggressively twice in his chest with two hands and Mr. Ujiri then return a push, with two hands, to Mr. Strickland?s chest. When Mr. Ujiri pushed Mr. Snickland, I saw that his hands touched Mr. Strickland?s chest. Mr. Ujiri?s hands did not touch Mr. Strickland?s face and Mr. Ujiri did not hit Mr. Strickland with closed fists. 5 . Mr. Strickland did not fall to the ground during the altercation and did not appear to be injured after the altercation. I declare under penalty of perjury that the foregoing is true and correct. Executed this 412*?? day of June 2020, in San Ramon, California. DECLARATION OF ANDREW Case No. Case Document 35-1 Filed 08/18/20 Page 101 of 108 EXHIBIT 3 Case 4:20-cv-00981-YGR Document 35-1 Filed 08/18/20 Page 102 of 108 1 2 3 4 JAMES P. FOX, DISTRICT ATTORNEY County of San Mateo, State of California State Bar No. 45169 400 County Center, 3rd Floor Redwood City, California 94063 By: Kathryn Alberti, Deputy Telephone: (650) 363-4636 Attorney for Plaintiff 5 6 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 8 IN AND FOR THE COUNTY OF SAN MA TEO THE PEOPLE OF THE STATE OF CALIFORNIA No. SF342044A 9 10 11 Plaintiff, FELONY COMPLAINT v. ALAN FRANCIS STRICKLAND 3344 COUNTRYSIDE DRIVE SAN MA TEO, CA 94403 12 Defendant. 13 14 15 16 I, the undersigned, say, on information and belief, that in the County of San Mateo, State of California: COUNT I: VIOLATION OF SECTION SS0(a)( 1) PENAL CODE, CALIFORNIA: On or about March 31, 1994, in the County of San Mateo, State of California, the crime of Presenting A false Or Fraudulent Claim For Payment Of Loss, in violation of Penal Code section SS0(a)( I), a Felony, was 17 committed in that ALAN FRANCIS STRICKLAND did aid, abet, solicit, conspire with another and did 18 19 20 knowingly present and cause to be presented a false and fraudulent claim for the payment of a loss and injury, including payment of a loss under a contract of insurance. Dated: October 21, 2005 21 22 JAMES P. FOX, District Attorney 23 24 25 By:----------Kathryn Alberti, Deputy Case Document 35-1 Filed 08/18/20 Page 103 of 108 CRIMINAL CASE SUMMARY CASE NO. SF342044A The People of the State of California Location: Criminal vs. Filed on: 1012112005 ALAN FRANCIS STRICKLAND District Attorney Number: 0323685 2 DMV Docket Number: SF42044 CASE INFORMATION Offense Statute Deg Date Case Type: Complaint Jurisdiction: San Mateo County 00]. FALSE OR 550(A)(l) 03/31/1994 FRAUDULENT CLAIM FOR PAYMENT OF LOSS Charge 001 ACN: Unknown Arrest: 11 18/2005 IF - Insurance Fraud 00]. STATUTE 803(C)(l) 03/3111994 0F LIMITATIONS Charge #:001 Allegation: E01 ACN: Unknown Arrest: 1 1118/2005 IF - Insurance Fraud 002. TO l) 0313111994 PRESENT CLAIM WITH FALSE INFORMATION Charge 002 ACN: Unknown Arrest: 11118/2005 IF - Insurance Fraud DATE CASE ASSIGNMENT Current Case Assignment Case Number SF342044A Court Criminal Date Assigned 10/21/2005 PARTY INFORMATION Plaintiff The People of the State of California Defendant STRICKLAND, ALAN FRANCIS DATE EVENTS ORDERS OF THE COURT INDEX 10/2112005 Complaint Filed 10/21/2005 Conversion Event ELON NOTICE TO APPEAR SENT TO DEFENDANT ON 10/21/2005 T0 APPEAR ON 11/21/2005 AT 9:00 AM. IN SUPERIOR COURTSOUTHERN BRANCH DEPT. PH FOR FELON ARRAIGNMENT. 11/ 1812005 Conversion Event SHRES: CASE SHIFT ED FROM HEARING ON 11/21/2005 AT 9:00 AM. IN DEPARTMENT PH 0F SUPERIOR COURT SOUTHERN BRANCH TO HEARING ON 11/21/2005 AT 9:00 AM. IN DEPARTMENT 43 OF SUPERIOR COURT SOUTHERN BRANCH. ll/21/2005 Conversion Event HHELD: HEARING HELD ON I 1/21/05 A.M. IN SUPERIOR COURTSOUTHERN BRANCH. D- 43. HON. QUENTIN KOPP PRESIDING. CLERK: DA WNALFONSO . REPORTER: LINDA SWANNER. CLERKZ: NONE. DEPUTY D.A. HENRY. DEFENSE COUNSEL PAGE 1 OF 6 Printed on 03/04/2020 at 2:06 PM Case Docume?t 8&1 Filed 08/18/20 Page 104 of 108 1 1/21/2005 1 1/21/2005 1 1/21/2005 11/21/2005 1 1/21/2005 1 1/21/2005 11/21/2005 11/21/2005 1 1/21/2005 1 1/21/2005 1 1/21/2005 1 2/06/2005 12/07/2005 CASE SUMMARY CASE NO. SF342044A PRESENT: NONE. Conversion Event HHFAR: ELON YARRAIGNMEN Conversion Event A PWA T: DEFENDANT A PPEA RED WITH A TTORNE JOHNSON . Conversion Event ARW VD: ARRAIGNMENTAND ADVICE OF RIGHTS WAIVED. Conversion Event PLEDA: DEFENDANT ENTERED A PLEA OF NOT GUILTY 0 ALL COUNTS. Conversion Event CDEEB: SPECIAL ALLEGA TIONS, AS ALLEGED IN COUNT 1 ALLEGA TION I . ARE DENIED. Conversion Event WT IMA .- TIME WAIVED FOR PH BY DEF ENDAN COUNSEL. Conversion Event CSF RB: DEFENDANT IS RELEASED ON OR Conversion Event SHOTA: CASE CONTINUED AT 1:31 RM. IN REDWOOD CITY IN DEPT. SR FOR SUPERIOR COURT REVIEW. . Conversion Event SHOTA: CASE CONTINUED TO 01/1 [/2006 AT 9:00 AM. IN REDWOOD CITY IN DEPT. PH FOR PRELIMINARY HEARING. . Conversion Event MIEN T: ENTERED BY DA WN ALFONSO ON 11/21/2005 . Plea (Judicial Of?cer: SUPERIOR COURT JUDGE, SAN MATEO COUNTY) 001. FALSE OR RAUDULENT CLAIM FOR PAYMENT OF LOSS Not Guilty Charge 001 Allegation: Conversion Event SHRES: CASE SHIFT ED FROM HEARING ON AT 1:31 RM. IN DEPARTMENTSR OF COURTSOUTHERN BRANCH T0 HEARING ON 12/07/2005 AT [:31 RM. IN DEPARTMENT 22 OF SUPERIOR COURT SOUTHERN BRANCH. Conversion Event SHRES: CASE SHIF TED FROM HEARING ON 12/07/2005 AT 1 :31 RM. IN DEPARTMENT 22 OF SUPERIOR COURT SOUTHERN BRANCH HEARING ON 12/07/2005 AT 1 :31 PM. IN DEPARTMENT 24 OF SUPERIOR COURTSOUTI-IERN BRANCH. PAGE 2 OF 6 Printed on 03/04/2020 at 2:06 PM Case Documegh?g? Filed 08/18/20 Page 105 of 108 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 1 2/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 CASE SUMMARY CASE No. SF342044A Conversion Event HHELD: HEARING HELD ON A [:31 RM. IN SUPERIOR COURTSOUTHERN BRANCH . D- 24 . HON. STEPHEN HALL. JUDGE, PRESIDING. CLERK: LESLIE WISE. REPORTER: CHRISTINA HERNANDEZ. CLERK2: MARTIN KING. DEPUTY D.A. DEFENSE COUNSEL PRESENT: BRA . Conversion Event SUPERIOR COURT REVIEW Conversion Event APWA T: DEFENDANT APPEA RED WITH A TTORNE BRAM . Conversion Event CDEEC: SPECIAL ALLEGA TIONS. AS ALLEGED IN COUNT I ALLEGA TION I ARE STRICKEN. Conversion Event A MC DF OMPLA INT A MENDED ORA LL Y. Conversion Event AMABC: COMPLAINTAMENDED TO ADD COUN T2 MISDEMEANOR. VIOLATION OF PC 550 . ON MOTION OF THE PROSECUTION. Conversion Event WRAAB: ARRAIGNMEN WAIVED ON THE AMENDED COMPLAINT. Conversion Event DEFENDANT ENTERED A PLEA OF NOLO CON TENDERE TO COUNT 2 IN AMENDED COMPLAINT. Conversion Event FD WOR: DEFENDANT IS ADVISED OF, UNDERSTANDS, AND KNOWINGL AND VOLUNTARILY WAI VES ALL THE FOLLOWING RIGHTS: WAIVES THE RIGHT TO COUNSEL: T0 TRIAL BY JUR TO ONF RON AND CROSS-EXAMINE ADVERSE THE PR1 VILEGE A GAINS SELF -INCRIMINA TION. THE COURT FINDS THAT THE DEFENDANT UNDERSTANDS THE NA TURE OF THE CHARGES, THE ELEMENTS OF THE OF ENSE, THE DEFENSE THERETO, THE CONSEQUENCES OF PLEAS AND THE RANGE OF PENALTIES THERETO. WAIVER OF RIGHTS SIGNED. Conversion Event CDFAD: COUNT I DISMISSED 0N MOTION OF THE PROSECUTION. REASON FOR DISMISSAL OR DISCHARGE: NEGOTIA TED PLEA. Conversion Event WT STB: TIME WAIVED FOR SEN TENCING. Conversion Event MIVPH: PRELIMINARY HEARING SET ON 01/11/2006 A 9:00 AM. ORDERED VACA TED. Conversion Event SESCB: PAGE 3 OF 6 Printed on 03/04/2020 at 2:06 PM Case DocumcErllt 12/07/2005 12/07/2005 1 2/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 1 2/07/2005 12/07/2005 12/07/2005 12/07/2005 1 CASE SUMMARY CASE NO. SF342044A OUN T2 IMPOSITION OF SENTENCE SUSPENDED. DEFENDANT IS PLACED ON COURT PROBA TION FOR 2 0 MON 0 DA YS. Conversion Event SECJL: AS TO COUN T2 . DEFENDANT TO SERVE 0 0 I DA 0 HOUR (S) IN THE COUNTY JAIL. Conversion Event SECTS: CREDIT FOR TIME SERVED OF I DA YS PLUS 0 DA YS GOOD AND WORK TIME FOR A TOTAL OF I DAYS. Conversion Event SE TSS: DEFENDANT IS SENTENCED TO TIME SER VED. Conversion Event SEPFX: TOTAL FINE AMOUNT PA YA BLE. INCLUDING ALL ASSESSMENTS. IS $810.00. Conversion Event SERE T: DEFENDANT ORDERED RESTI TUT ION FUND. THIS PA YMENT IS A CONDITION OF PROBA TION Conversion Event SEPF Y: DEFENDANT TO PA FINE AND ASSESSMENTS AS DIRECTED BYRE VENUE SERVICES OR PROBA TION DEPARTMENT. Conversion Event SEOAL: OBEY ALL LAWS. FOLLOW ALL ORDERS OF THE TION OFFICER AND REPORT AS DIRECTED. NOTIFY THE PROBA TION OFFICER IMMEDIA TEL OF ANY CHANGE OF RESIDENCE ADDRESS. Conversion Event SECRR: DEFENDANT ORDERED TO MAKE RESTITUTION FOR DAMAGES AS TO COUN T2 IN THE AMOUNT OF $2,359.23 PLUS A TEN PERCENT ADMINISTRATIVE FEE. Conversion Event SECRF: DEFENDANT TO PA RESTITUT ION THROUGH REVENUE SERVICES. Conversion Event SECRH: VICTIM ?8 NAME IS STA TE FARM INSURANCE . Conversion Event SEACP: DEF ENDAN TA CCEPTED TERMS AND CONDITIONS OF PROBA TION. Conversion Event MIASE: ALL SENTENCE ELEMENTS FOR THIS PROCEEDING ENTERED. Conversion Event MIENT: ENTERED BYM. KING ON 12/07/2005 . PAGE 4 OF 6 35-1 Filed 08/18/20 Page 106 of 108 IINAL Printed on 03/04/2020 at 2:06 PM Case Filed 08/18/20 Page 107 of 108 12/07/2005 12/07/2005 12/ 12/2005 12/ 12/2005 1 2/12/2005 07/14/2006 07/ 1 4/2006 07/ 18/2006 07/18/2006 07/ 18/2006 07/ 18/2006 CASE SUMMARY CASE NO. SF342044A Disposition 001. FALSE OR RAUDULENT CLAIM FOR PAYMENT OF LOSS Dismissal: Negotiated Plea Charge 001 Allegation: Disposition 001. STATUTE OF LIMITATIONS Stricken Charge 001 Allegation: E01 Plea (Judicial Of?cer: SUPERIOR COURT JUDGE, SAN MATEO COUNTY) 002. I TO PRESENT CLAIM WITH FALSE INFORMATION No Contest Nolo Contendere Charge #2 002 Allegation: Conversion Event MIPPB: PARTIAL PA YMENT THROUGH REVENUE SERVICES OF $35.00 REMAINING BALANCE IS 3. 00 . Conversion Event MIPPB: PARTIAL PA YMENT THROUGH REVENUE SERVICES OF $885.00 REMAINING BALANCE IS $35.00. Conversion Event MIPIF: FINE PAID IN FULL THROUGH REVENUE SERVICES. Conversion Event MISEN: FILE SENT TO DEPT Conversion Event MATTER CONTINUED T0 07/18/2006 AT 9:00 AM. IN COURT. D- 8 FOR MODIFICA TION 0F SENTENCE . Conversion Event DOTH: ORDER THA PROBATION IS ERMINA TED AS OF JULY 18, 2006 PER HON MARK R. ORCUM. Conversion Event HHELD: HEARING HELD ON 07/18/06 AM. IN SUPERIOR COURTSOUTHERN BRANCH . D- 8. HON. MARK ORCUM, JUDGE, PRESIDING. CLERK: LESLIE SCHNEIDER. REPORTER: VALERIE CA THEY. CLERKZ: NONE. DEPUTY D.A. GALLAGHER. DEFENSE COUNSEL PRESENT: JOHNSON. Conversion Event HHMOD: MODIFICATION OF SENTENCE Conversion Event APWA T: DEFENDANT APPEARED WITH A TTORNE JOHNSON . PAGE 5 OF 6 Primed on 03/04/2020 at 2:06 PM Case Filed 08/18/20 Page 108 of 108 07/18/2006 07/ 18/2006 07/18/2006 07/ 18/2006 07/ 18/2006 07/18/2006 07/ 19/2006 07/21/2006 07/24/2006 07/24/2006 07/24/2006 07/24/2006 07/24/2006 07/24/2006 CASE SUMMARY CASE NO. SF342044A Conversion Event OTHER: FINE AND TUT ION HAS BEEN PAID. Conversion Event OTHER: 1203.4 PETITION AND ORDER ARE SIGNED Conversion Event PROBB: PROBA TION IS RE VOKED. Conversion Event PROBG: PROBA TION IS TERM INA TED. Conversion Event MIASE: ALL SENTENCE ELEMENTS FOR THIS ENTERED. Conversion Event MIENT: ENTERED BY ON 07/18/2006. Conversion Event MISEN: FILE SENT TO DEPT25 FOR 1203.4 Conversion Event MIRFL: FILE RETURNED CLERK '5 OFFICE. Conversion Event DPDC: PETITION TO DISMISS COUN T2 PURSUANT 0 SECTION 1203. PENAL CODE FILED. Conversion Event DCOM: ORDER GRANTING AND DISMISSING OUN T2 PURSUANT TO SECTION I 203.4/1203. 4A PENAL CODE. FILED. Conversion Event OTHER: AMENDED CII SENT TO DEPARTMENT OF JUSTICE Conversion Event FDA CI.- AMENDED ORWARDED T0 ARRESTING AGENCY. Conversion Event DCII: CII ORWARDED TO ARRESTING AGENCY. Disposition 002. TO PRESENT CLAIM WITH FALSE INFORMATION Dismissal: 1203.4 Charge 002 Allegation: PAGE 6 OF 6 Printed on 03/04/2020 at 2:06 PM