The Highway Patrol Chooses to Ignore a Court Order

Posted on September 19, 2014 by scenensantacruz Edit

It is January of 2010 have completed all the preliminary steps, required and now we can legally sue the California Highway Patrol In Small Claims Court. We are filing for the return of our 2007 (filed in 2008) tax return that was intercepted by the California Franchise Tax Board on behalf of the CHP.  We paid the courts 25.00 to serve the CHP. The CHP receives service at the California Office of the Attorney General in Sacramento.

Because I had done all the preliminary paperwork, we decided that my husband would represent us in front of the Small Claims Court Judge. I did not attend.

SMALL CLAIMS COURT

I’m sure you are expecting this to be interesting… but it is decidedly anticlimactic.

When our case was called there was no one there to represent the California Highway Patrol. Usually that means a default win for the plaintiff (if the defense is a no show). When you sue a State Agency, the Judge goes through your paperwork to establish that you have that all important paper:  A Denied Claim From the State of California, which is dated no more than 6 months earlier- if you don’t, have it the Judge will dismiss the case.

When the Judge issued a default judgement for the plaintiff (us) in the amount of ($482.00) ($417.00 +$65.00 in expenses), he made an interesting comment to my husband.

The Judge said: This never happens.

The Judgement was entered on Febuary 19, 2010

---

Collecting The Judgement

 

I then, foolishly waited, expecting a check for $482.00 to arrive in the mail. The California Highway Patrol is an agency that upholds laws. They have been Court Ordered to pay me that amount. There is no gray area here. Although I realize that collecting Small Claims Judgements can be problematic, there is no way I thought collecting this judgement would be an issue.

I can’t emphasize this enough: I could not have been MORE wrong.

You can see my point: 482.00 shouldn’t even be a big deal to the CHP. I mean, $417.00 they already had from my tax return, and as for the $65.00? What could that possibly mean to an agency with an enormous budget that serves as the Police Force for The State of California? Come on…. this is chump change to them. Why wouldn’t they pay me?   Is it possible that Court Orders don’t apply to them?

Before I get on with the collection process, which took another trip to court and more than a year, I want to mention something that occurred around this time.

Just before we went to court we got a letter from an attorney asking us to be part of a class suit against the CHP regarding Recovery Costs related to DUI investigations. Because we had already initiated the paperwork to sue the CHP in Small Claims Court, we wrote a letter opting out of the class. That case can be found here, if you are interested. That case was initially won, and later overturned, on appeal. It is the same case (Allende) that I referenced earlier (making fun of the Judicial Opinion).

I waited (silly me) for 2 months for the check from the CHP to arrive, before I began any attempts to collect the judgement.

The best way to tell you about what I went through in an attempt to collect the $482, is to share the complaint I made to the CHP Office of Internal Affairs with you. I would like to say that I really didn’t want to make this complaint, but I had filled out an online form complaining about the lack of cooperation I was getting from my contact person at the CHP.

In response, I got a phone call asking

DO YOU WISH TO MAKE A FORMAL COMPLAINT AGAINST THIS EMPLOYEE?

I DON’T CARE ABOUT HER! WHAT I WANT IS THE MONEY THE CHP HAS BEEN COURT ORDERED TO PAY ME.

DO YOU WANT TO FILE A FORMAL COMPLAINT OR NOT? IF YOU DO, WILL SEND YOU THE NECESSARY PAPERWORK. IF NOT, WE WILL CONSIDER THIS MATTER CLOSED.

I did not want the matter closed, I wanted it resolved. So I said FINE, send me the paperwork. My complaint, which I am going to share with you, was never really about the employee (Kelly Walker), but I had contacted Internal Affairs, (initially at the advice of the Attorney Generals Office, who also suggested I hire a lawyer) complaining about Ms. Walker, and now I had to see it through.

The bummer is, I think the IA investigation is probably the actual reason we were targeted for retaliation, via an organized harassment campaign, that I identify as Gangstalking. It could also be that the CHP was embarrassed by the way they handled everything, and they blamed us for it.

My complaint against Kelly Walker was not well thought out or organized, because though, she was the focus of the complaint, she was not the reason for it. She was just the face of the problem, and (I am sure) doing her job, exactly as expected for the culture she works in. She was rude, completely unhelpful, not unlike many people who work the private sector. It isn’t something I normally complain about; But I was frustrated and expected more from an organization that is here to SERVE (SAFETY SERVICE SECURITY), or so it says on the bottom of their stationary.

---

Internal Affairs Complaint

 

I was mad, and you’ll see why. Here is the IA Complaint, (with minor corrections for readability):

June 19, 2010

California Highway Patrol, Office of Internal Affairs

I would like to file a formal complaint against the California Highway Patrol Office of Legal Affairs, in general, and against employee Kelly Walker, specifically. Kelly Walker is a civilian employee working in the Legal Affairs Office, and my contact person there.

On February 19 of this year (2010) a Judgement was filed by the Superior Court of California ordering the California Highway Patrol to pay the plaintiffs (our names omitted here) $417.00 + $65.00 in expenses. The CHP had one month to appeal the decision. They did not.

Now, for some reason, I expected a State Agency, whose purpose it is, to enforce the laws of the State of California to abide by the laws of the State of California. Silly me. After the judgement was not appealed within the required 30 day period, I waited another month, (apparently foolishly), expecting a check to arrive in the mail.

I began attempting to collect on the judgement, on or about April 12th. Since that time I have spent hours of my time, money for long distance phone calls, and an additional $18.00 faxing documents to the CHP- documents that they already have, but asked me to fax anyway.

Prior to trying to collect on the judgement, I had already spent considerable time making phone calls, writing letters, filing a claim with the State of California and preparing my case against the CHP. The result of all that effort, was a judgement in my favor, ordering the CHP to pay back the money they had intercepted from my 2008 tax return.

It now appears that the CHP Office of Legal Affairs and Kelly Walker have no need or interest in following the “rules of court” in any kind of timely fashion. I have been put through the wringer in my attempt to get paid. Apparently a court order means nothing to them.

Here are the steps I have taken since the judgement was filed (Feb 19th) to try to get the money that is owed to me:

On or about April 12, I start calling various CHP departments to try to find out WHO can help me to collect on the Judgement. I call Risk Management, Legal Affairs and Accounts Payable. I only get through to operators. I leave many detailed messages on many voice mails of various people who the operators think may be able to assist me. I do this every afternoon for a week, leaving messages each day on Kelly Walker’s voice mail; I have been told she is the most likely person to be able to help me. The following week I leave a 4th or 5th message (this time with a real person) for Kelly Walker and am steered by a unknown person in the Legal Affairs Department to the voice mail of Luis (the manager, I think), in the Accounts Payable Department.

I would like to commend Luis, he is the only bright light in this fiasco. Luis returns my call on April 20th. He was the only CHP employee, who returned ANY of the dozens of messages left for various employees. Luis tells me that he would be happy to cut me a check, but it has to be approved first by the appropriate department. He tells me I need to contact Kelly Walker in Legal Affairs. I explain to him that I have already left numerous unreturned messages on her voice mail. He tells me he knows her personally and will talk to her, to see if he can find out what is holding up approval.

At this time he asks me for information about my case, and then transfers my call to Karen Martin in Risk Management. She asks me to fax her all the information about my case, including the original claim forms filed with the State of California and a copy of the judgement. I do this the same day (April 20th) and it costs me $9.00.

I wait over a week for Luis to call me back, leaving messages almost daily on Kelly Walker’s voice mail or with whoever answers the phone in the Legal Affairs Department. On May 3rd, I finally get a hold of Luis, who tells me that the only thing he has been able to find out is that the case is being reviewed by a Staff Attorney. He tells me that there is only one Staff Attorney, and he is really busy, wrapping up other important cases. He says to continue trying to contact Kelly Walker, because his hands are tied and there is nothing more he can do for me. (I stress that he has been kind and as helpful as possible, in all my dealings with him.) He ask me to refax him the same documents I sent to Karen Martin and he will go to Kelly Walker with them and TRY to expedite payment. There goes another $9.00.

Over the next two weeks I leave countless messages on Kelly Walkers voice mail. I am careful not to be rude or sound angry, but it is clear I am frustrated with her failure to return my calls. I finally call Luis back on May 17th. I get my first hint as to why I haven’t been paid. He tells me that the Legal Affairs Department does not want to pay the Judgement. They are looking into ways to get it overturned or set aside. Apparently they are not under the same time constraints as us ordinary mortals. I had to keep to a very strict statute of limitations and follow the rules of court, in taking the CHP to court in the first place. They appear to be looking for a technicality, something that I did wrong, so they can have the judgement overturned.

I was careful. I first filed a claim with The State of California, as required by law. When it was kicked to the CHP, they denied my claim. The sent a letter telling me I had 6 months from that date to file suit, which I did. I filed in the proper jurisdiction. I paid the court to serve the CHP, via certified mail, and I did it all within the statute of limitations set forth by The State of California. There is no doubt that they are obligated to pay me this amount. They have been court ordered to do so.

After my conversation with Luis, I am upset and frustrated. I speak to a Legal Aide Attorney, here in Santa Cruz. who informs me that she can’t help me, unless I can find a cash till, where the CHP takes in cash payments. My court order would entitle me to seize the money owed me. This is how it is done in the private sector.

I fire off a letter, complaining about the situation to the Attorney Generals Office. They tell me that they can’t work on my behalf because they represent the CHP in legal matters. They tell me I should get legal representation and contact Internal Affairs for the CHP.

On or about May 21st, I call the CHP Internal Affairs Office and complain about Kelly Walker holding up my payment and not once returning my phone calls. Not even five minutes after I get off the phone, an amazing thing happens. The phone rings and it is Kelly Walker. She is nice and solicitous.

We talk for 20 minutes, basically, her asking me questions. She says she will look into the matter and give me a call in the early part of the following week. I wait the entire next week for her to call, as promised, and she never does.

.

The week after that, I leave detailed messages, on Kelly Walker’s voice mail every day, clearly frustrated with her.  On Friday of that week she picks up her phone. Apparently she was expecting somebody else and picked up the phone by accident. She then pretends that she has no idea who I am. She says she deals with lots of cases, but is not familiar with mine and she doesn’t have the records in front of her at the moment. She doesn’t have time to pull them right now, Do I want to leave my name and number?

She is flat out lying. She knows EXACTLY who I am. I am certain she would never have answered her phone, if she knew it was me. She says she doesn’t recollect the 20 minute conversation, 2 weeks earlier when (prodded by internal affairs— I’m sure that doesn’t happen every day) she promise me she would look into my case and call me back with answers.

The conversation went like this:

You promised to call me back after you looked over the paperwork regarding my Judgement and call to and tell me what is holding up the payment.

The matter is being reviewed by a Staff Attorney, who is out of the office right now. (I guess she does know who I am, after all)

When is this going to happen?

I don’t know right now. I don’t have a time frame and I’m not familiar with the details (she forgot who I am again)

Can you please just give me the name and number for the Staff Attorney who is reviewing the Judgement, since they are apparently the person who can answer my questions.

I can’t do that. It wouldn’t do you any good anyway. They aren’t in the office and they aren’t available right now.

I would still like the name and number so I can leave a message for this anonymous person.

At this point Ms. Walker gets a bit nasty and superior sounding, like she is talking to a small child who doesn’t understand what the word “NO” means. She explains slowly, (like I am an idiot) :

I will not give you the name and number. You need to ask all your questions and get all your answers through me. I am your contact person.

Well, for a contact person, you have been close to impossible to contact and you don’t have any answers, anyway.  I would really like the name of the person who does have those answers or who is just a little more accessible.

We will notify you when a decision is made.

And when will that be?

(Sounding exasperated again, and speaking very slowly, like I am an idiot who can’t grasp simple concepts)

Whenever they decide.

So there is no time frame? They can take as long as they want to decide whether they will or will not comply with a court order?

(SNAPPING, Now) Not forever, just as long as it takes. We will notify you.

Will that be by mail or phone?

I’m not sure.

The one thing I’m sure of, at this point, is that this conversation is going nowhere. Ms. Kelly Walker has no intention of helping me . She was condescending, rude and made it clear to me that she felt she did not owe me an explanation for anything.

And if you don’t think that I have already been through enough, I was notified on May 15 that a portion of another tax return (2009 this time) had been Intercepted by the CHP. And guess what? This was done without any court order when I don’t owe them a dime, I never did, and neither does my husband. There is no doubt in my mind that this INTERCEPTION, without a judgement is unconstitutional and needs to be challenged in the courts.

Isn’t it Ironic that I have a court order saying they me owe me money, and I can’t collect. They don’t have a court order and they can. How wrong is that? The CHP owes me money, not the other way around!

I am asking Internal Affairs to resolve this situation, or tell me how to resolve it myself. It has been more than a year since they took my 2008 tax return and more than 4 months since they were ordered to return it.

Stay Tuned… the fun isn’t over.  Next Post I finally hear from the CHP Staff Attorney, who explains what is holding up the payment.

Scenensantacruz