Category Archives: SMCC Attorney David A. Silberman

Sarah Gatliff, Don’t Settle, Go all the way to a Jury Trial. It’s the only way to cause change in San Mateo County.

Sarah Gatliff the daughter of Sandra Lee Harmon R.I.P. who was killed by San Mateo County Sheriff’s Employees on May 5, 2020 at 845 Main Street, Half Moon Bay, California.

Sheriff Carlos G. Bolanos Candidate

San Mateo County Sheriff Carlos G. Bolanos who is a Candidate for Re-Election refuses to provide the AXON LOG RECORDS which are bought and paid for by the Public to the Public. To this day Sheriff Bolanos has refused to tell the Public Who Fired First, and Who moved the Three Shell Casings? A reasonable person would call that Evidence Tampering.

Sarah Gatliff’s Second Amended Complaint Filed November 15, 2021

Half Moon Bay Resident David Eblovi Suing San Mateo County to get to the Truth.

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Filed under # SupervisorsToSupervise, Attorney David R. Bush, HMB City Manager Bob Nesbit, HMB Deputy City Manager Matthew Chidester, John Beiers, San Mateo County Manager Mike Callagy, San Mateo County Sheriff Carlos G. Bolanos, San Mateo County Sheriff Deputy Deputy David Dominguez, San Mateo County Sheriff Deputy John Baba, Sarah Gatliff, SMCC Attorney David A. Silberman

HMB Resident doing what City Manager Bob Nesbit and Matthew Chidester Refused to do. Sue the County.

By Michael G. Stogner

I recommended the Half Moon Bay City Council, City Managers and the City Attorney sue Sheriff Carlos G. Bolanos and his attorney San Mateo County Counsel Attorney David Silberman, for their refusal to provide the AXON LOG RECORDS to the Public. They are the only two people standing in the way of releasing the AXON LOG RECORDS which are bought and paid for by the Taxpayers of San Mateo County. They also contain the data that would confirm the Government’s Story that San Mateo County Sheriff Deputy Dominguez’s Body Worn Camera was in fact turned off when he fired 11 shots at Sandra Lee Harmon on May 5, 2020 in Half Moon Bay. HMB chose not to file the lawsuit.

What do you do when the Government refuses to do their job?

The residents of San Mateo County are responsible for the behavior of their Government, Elected Officials and Appointed Staff.

San Mateo County Residents should be Thanking, David C. Eblovi of Half Moon Bay for doing what the City Government should have done.

The Lawsuit by the Resident.

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Filed under #corruptionmatters, #ElectedOfficialsReform, #EqualJusticeMatters, #SanMateoCountyNews, #SanMateoCountyNews.com, 3 Fatal Shots to the Back, 3 Shell Casings moved, Attorney General Rob Bonta, Attorney Generals Office, AXON, AXON Log Records, AXON M Dash Camera Video & Audio, Bill Silverfarb, Board of Supervisor's President David Canepa, Body struck 8 times with hollow point bullets, Citizen Journalist, City of Half Moon Bay, City of Half Moon Bay Defendant, Colin Kaepernick, Dave Price Editor of the Palo Alto Daily Post, David Burruto, David Eblovi, David Silberman, DDA Bryan Abanto, Don Horsley, Evidence Tampering, Excessive & Unnecessary Use of Force, Gang of 3, Gross Misconduct at the San Mateo County Sheriff Office, HMB City Manager Bob Nesbit, HMB Deputy City Manager Matthew Chidester, It's Simple Math & Not Their Money., Jerry Lee, John Beiers, John Ullom, Jon Mays, Joseph Charles, Just because somebody says something is True doesn't mean that it is., Justice of Chinedu, Kevin Mullin, Law Enforcement Reform, Mark Simon, Marshall Wilson, Michael G. Stogner, Michelle Durand, Mike Callagy, Never too late to Investigate, Nobody is above the Law except "Those Who Matter", Organized Crime, Palantir, Public Corruption, Public Trust, Roger Allen R.I.P., San Mateo County Counsel John Beiers, San Mateo County News, San Mateo County News.com, San Mateo County Sheriff Carlos G. Bolanos, San Mateo County Sheriff Carlos G. Bolanos' personal Mentoring Program, San Mateo County Sheriff's Office Pornography & Violent Rape Video, Sandra Lee Harmon R.I.P., Sarah Gatliff, Sheriff Captain Saul Lopez, SMC Brady Officers, SMCC Attorney David A. Silberman, SMCSO Deputy David Dominguez, SMCSO Deputy John Babe, Supervising Deputy Attorney General Joyce Blair, Those Who Matter, Victim's Advocate, Violation of Oath, Yanira Serrano Garcia R.I.P.

San Mateo County Residents, Have they been Arrested yet?

By Michael G. Stogner

Is a SMC Judge, Clerk, & Court Reporter committing Perjury Newsworthy?

Where do you get your Information? Who do you trust to provide honest and accurate Information about your government?

Contact your trusted News Sources and ask the Editors why they chose to ignore this information?

Former SMCSO Deputy Juan P. Lopez

Former San Mateo County Sheriff Deputy Juan Pablo Lopez is made of the Right Stuff. I have been reporting on his Political Prosecution for the last 7 years. When a person is arrested and Criminally Charged with crimes, ask yourself, How long do you expect the Judicial Process to last before a Conviction or the entire case is Dismissed, like the Zain Jaffer case was in 8 months? Why has this case taken so long? What if the case was brought to teach everybody a lessen, and there was Never any intention to take it to a Jury trial, Simply Destroy a San Mateo County Sheriff Deputy who is not a member of the “Those who Matter” Team. Think of the Financial and Emotional costs for the last 7 years.

They made a mistake/miscalculation when they went after San Mateo County Sheriff Deputy Juan P. Lopez. He didn’t FOLD.

Former San Mateo County Sheriff Deputy Juan Pablo Lopez, has always wanted a Jury Trial. He has never waivered, the Government has done everything possible to keep their people off of the Witness Stand for the last 7 years. The answer is simple, It’s not Illegal for the Involved parties to lie to reporters, or produce false press releases to their favorite misinformation businesses. However it is Illegal to make false statements under Oath.

Now that only matters if you have a District Attorney who will Prosecute a Judge, Clerk, Reporter, for Perjury.

Now the Question needs to be asked by the 760,000 San Mateo County Residents, Have they been Arrested yet, Have they been Criminally Charged yet? Has anything happened to them yet? If not Why Not?

The answer is simple: They are on the “Those Who Matter” Team.

Who prosecutes the Judge, Clerk, and Court Reporter SMCN.com Article

Tony Serra, “Hon. Judge Joseph Scott has PERJURED himself.” SMCN.com Article

In case you are not aware of the “Those Who Matter” team, the first time I’m aware of any written evidence of it’s existence was April 25, 2007, in these e-mails I received from a PRA request.

You will notice the top two San Mateo County District Attorneys Never asked Sheriff Greg Munks and UnderSheriff Carlos G. Bolanos, Why did you both go INSIDE that single family residence at 3474 Eldon Street, Las Vegas, Nevada that night?

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Filed under "We Just Don't Know.", #closeSMCcourtsuntilfixed, #corruptionmatters, #OperationDollhouse, #SanMateoCountyNews, #SanMateoCountyNews.com, #SouthSanFrancisco, Adam Alberti Editor of Climaterwc, Ali Winston Investigative Reporter, Attorney J. Tony Serra, Bill Silverfarb, Blackstone, Board of Supervisor's President David Canepa, Brave& Proud Female Sheriff Deputy., Britney Spears Case RECORDING, California Judicial Branch News Service, Charles Stone, Chris Hunter, Citizen Journalist, Colin Kaepernick, Court Clerk Katrina Bihl, Court Reporter Jocelyne Fakouri, Criminal Enforcement Task Force, Customers of Human Trafficked Sex Slaves, Dave Price Editor of the Palo Alto Daily Post, David Burruto, David Silberman, DSA President D.J. Wozniak, Evidence Tampering, Fixin' San Mateo County, Former Sheriff Deputy Juan P. Lopez, Government Hiding the Obvious, Gross Misconduct at the San Mateo County Sheriff Office, Human Trafficked Sex Slaves including a Minor, Jerry Hill, Jerry Lee, Jon Mays Editor of the San Mateo Daily Journal, Jordan Boyd, Judicial Misconduct, Kevin Mullin, LVMPD Spokesperson Bill Cassell, LVMPD Vice Lt. Karen Hughes, Mark Simon, Marshall Wilson, Michael G. Stogner, Michelle Durand, Never too late to Investigate, Nobody is above the Law except "Those Who Matter", Operation Dollhouse a Drug Drop?, People vs. Juan Pablo Lopez case NF433910A, Perjury, Prosecutorial Misconduct, Public Corruption, Public Trust, Question, for Carlos G. Bolanos, Why did you go INSIDE?, Recordings of Court Cases Must be Allowed, Rotary International, SAL Embezzlement & Laundering Investigation, SamTrans Fraud Investigation, San Mateo County Counsel John Beiers, San Mateo County News.com, San Mateo County Sheriff Carlos G. Bolanos, San Mateo County Sheriff Lt. Andrew Armando, San Mateo County Sheriff Michael Otte Committed Perjury., San Mateo County Sheriff Office Porn and Rape Video, San Mateo County Sheriff's Activities League a Criminal Organization, San Mateo County Sheriff's Office Investigated Itself SAL, San Mateo County Sheriff's Office Pornography & Violent Rape Video, Sheriff Captain Christina Corpus Investigated SAL, Sheriff Sergeant Luis Dejesus Aquino for DUI, SMC Brady Officers, SMCC Attorney David A. Silberman, SMCC Attorney John D. Nibbelin, SMCDA Inspector William Massey, SMCSO Captain Christina Corpus Board member of SAL, SMCSO Captain Jeffrey C Kearnan, SMCSO DSA President 2007 Heinz Puschendorf, SMCSO Sergeant Irfan Zaidi, SMCSO Sgt. Jason Peardon, Supervising Deputy Attorney General Joyce Blair, Susan J. Bassi, Those Who Matter, Undersheriff Carlos G. Bolanos Caught and Detained INSIDE, Victim's Advocate, Vungle, When government is the enemy, Zain Jaffer, Zain Jaffer case Preliminary Hearing SEALED.

Judge Dismisses some of Sarah Gatliff’s case.

By Michael G. Stogner

Sarah Gatiff is the daughter of Sandra Lee Harmon R.I.P. who was killed by San Mateo County Sheriff Employees on May 5, 2020 in Half Moon Bay. Nothing has changed at the Sheriff’s Office since Yanira Serrano Garcia R.I.P. was killed by the San Mateo County Sheriff’s Office on June 3, 2014. In both cases a single Sheriff Deputy arrived on scene and didn’t report to dispatch they were there. Both put themselves in harms way with NO PLAN on what to do and no backup. Both cases have Evidence Tampering, and false statements by the Government.

Sarah Gatliff’s attorney has until November 16, 2021 to amend the complaint.

Case 3:21-cv-01463-VC Document 64 Filed 10/26/21 Page 1 of 3

ESTATE OF SANDRA LEE HARMON, et al.,

Plaintiffs, v.

COUNTY OF SAN MATEO, et al., Defendants.

Case No. 21-cv-01463-VC

ORDER GRANTING MOTION TO DISMISS

Re: Dkt. No. 55

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

In her first amended complaint, Sarah Gatliff brings four claims relating to the fatal police shooting of her mother, Sandra Harmon, in Half Moon Bay, California. She concedes that the complaint does not assert any causes of action against some of the defendants she named: Carlos Bolanos, Stephen Wagstaffe, James Goulart, the San Mateo County Sheriff’s Office, and the San Mateo County District Attorney’s Office. Those defendants are dismissed. The complaint also includes immaterial information relating to abandoned claims that is stricken under Federal Rule of Civil Procedure 12(f). See Dkt. No. 54, ¶¶ 5, 36, 37, 38.

The claims Gatliff brings as Harmon’s successor in interest are dismissed for lack of standing. California law requires Gatliff to file an affidavit or declaration containing specific facts to bring an action on behalf of her mother’s estate as her successor in interest. See Cal. Civ. Proc. § 377.32. Relevant here, Gatliff must state that she is Harmon’s successor in interest or is authorized to act on behalf of Harmon’s successor in interest with respect to the present action. Id. § 377.32(a)(5). But that statement must be accompanied by “facts in support,” which Gatliff’s declaration lacks. Id.; see Crosby v. County of Alameda, 2021 WL 764120, at *1 (N.D. Cal. Feb. 26, 2021). In fact, her declaration is dated two days before the purported assignment of

Case 3:21-cv-01463-VC Document 64 Filed 10/26/21 Page 2 of 3

successor-in-interest rights from Harmon’s husband so it could not possibly include facts about that assignment.

Gatliff also has not alleged sufficient facts in support of her standing to bring section 1983 claims based on the Fourteenth Amendment on her own behalf. A plaintiff’s interest in bringing those claims is based on their relationship with the decedent. Wheeler v. City of Santa Clara, 894 F.3d 1046, 1057–58 (9th Cir. 2018). A biological connection alone is not sufficient, nor are allegations of a close relationship or affection. Id. at 1058; Terry v. City of Pasadena, 2019 WL 4139257, at *5 (C.D. Cal. June 17, 2019). Instead, a plaintiff must allege “enduring relationships reflecting an assumption of parental responsibility” that “‘stem[ ] from the emotional attachments that derive from the intimacy of daily association, and from the role it plays in promoting a way of life through the instruction of children.’” Wheeler, 894 F.3d at 1058 (quoting Lehr v. Robertson, 463 U.S. 248, 256–61 (1983)). The amended complaint does not allege facts to support the conclusion that Gatliff had this sort of relationship with Harmon. It states that “Harmon was a loving mother to [Gatliff], and she was loved deeply in return” and as a result of Harmon’s death Gatliff “suffered the irreparable loss of her love, affection, society, and moral support.” Without diminishing the importance of this relationship to Gatliff, those allegations do not reflect that Harmon was involved in Gatliff’s upbringing or even that she stayed in consistent contact with Gatliff throughout her life. See id.

That leaves a state claim for wrongful death/negligence per se. Even if the claim was properly pled, the Court would decline to exercise its supplemental jurisdiction over it once the federal causes of action are dismissed. See 28 U.S.C. § 1367(c)(3). But the claim is also not properly pled. There is no “negligence per se” cause of action under California law. Waldo v. Eli Lilly & Co., 2013 WL 5554623, at *8 (E.D. Cal. Oct. 8, 2013). And if treated solely as a wrongful-death claim, at least one necessary party has not been joined. See Fed. R. Civ. P. 12(b)(7). California law treats wrongful death actions as joint and indivisible amongst the decedent’s heirs. Ruttenberg v. Ruttenberg, 62 Cal. Rptr. 2d 78, 81 (Cal. Ct. App. 1997). So each known heir is a necessary party that must be joined in the action. Id. at 82; see Fed. R. Civ. P.

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Case 3:21-cv-01463-VC Document 64 Filed 10/26/21 Page 3 of 3

19(a)(1). Without all known heirs, complete relief is not possible, and the defendants risk being exposed to multiple or inconsistent obligations. Pavoni v. Chrysler Group LLC, 2012 WL 12883905, at *2 (C.D. Cal. Nov. 15, 2012); Estate of Burkhart v. United States, 2008 WL 4067429, at *7 (N.D. Cal. Aug. 26, 2008). Sometimes it is not feasible to join a necessary party and the action may proceed without them. Fed. R. Civ. P. 19(b). In this case, Harmon’s husband is a known heir not joined in the action. It is possible that his joinder is not feasible and the litigation may proceed anyway because he did not administratively exhaust his claim. See Cal. Gov’t Code §§ 911.2(a), 945.4; Estate of Burkhart, 2008 WL 4067429, at *7–8. But Gatliff has not made that argument.

An amended complaint is due 21 days from the date of this order. The defendants must respond within 21 days of the filing of the amended complaint.1

IT IS SO ORDERED.

Dated: October 26, 2021

______________________________________

VINCE CHHABRIA United States District Judge

1 The defendants’ request for judicial notice is denied as moot. The Court need not consider those documents to dispose of the motion.

3

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San Mateo County Government Attorneys do the exact same disgusting thing.

By Michael G. Stogner

Just ask the Families of Errol Chang R.I.P., Yanira Seranno Garcia R.I.P., Chinedu V. Okobi R.I.P. San Mateo County’s George Floyd, and Sarah Gatliff the daughter of Sandra Lee Harmon R.I.P. Roger Allen R.I.P. All Homicides by SMC Law Enforcement.

Los Angeles County wants a judge to force Kobe Bryant’s widow to undergo a psychiatric evaluation to prove she suffered emotional distress from leaked photos of the helicopter crash that killed her husband, daughter and seven others.

Who supports this disgusting behavior, all FIVE San Mateo County Supervisors, and almost every other elected official in the County.

Why would San Mateo County Residents need a Citizens Oversight Committee? That is what the Supervisors are paid to do, SUPERVISE.

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