CITY OF EMERYVILLE
CITY OF EMERVILL
CLAIM FORM CITY CLERK'S OFFICE
Please Type of Print and return to:
MAY 0 9 2025
City Attorney's Office, City of Emeryville
1333 Park Avenue Emeryville, Ca 94608
Phone: 510.596.4381 Fax: 510.596.3724 RECEIVED
Email: [email protected]
CIAM AGAINST. City of Emerille, Emaryville Police Department, Powell St Plaza Chimanis name KARLA GOTTSchalk AKA Aeromonk Barthelomew wity is Tits NEEDSENG
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Claimant's date of birth Telephone #
Claimant's address.
Address where notices about claim are to be sent, if different from aboved. No Local address " Date of incident/accident: PG. 1. "Goverment Tort daim (Goir Code Z9I0' et sea.)
ATTACHEDHERTO
Date injuries, damages, or losses were discovered: see Atached p. 1 - 2 Location of incident/accident SEE AMAcHED maDent report 250280033 What did entity or employee do to cause this loss, damage, or injury?.
SEE PAGE 1-3
(Use back of this form or separate sheet if necessary to answer this question in detail.) What are the names of the entity's employees who caused this injury, damage, or loss (if known)? see incident report attacked
What specific injuice, damages, or osses did climant reccive See pages 1-3 ADD nONAL Burden of this form not authorized under any Cal. Stats. (Use back of this form or separate sheet if necessary to answer this question in detail What amount of money is claimant seeking, or which is the appropriate court of jurisdiction [Government Code 910(f]? Diversity of atizenshi. p or duttlement
How was this amount calculated (please itemize)?. See attached p. 1-5 and inadent attached herepot.
(Use back of this form or separate sheet if necessary to answer this question in detail) Karla Pattchalk
Date Signed. May 7, 2025 Signature:
#Hresomonk Batholomen
If signed by representative:
Representative's Names. Address
Telephone #
Relationship to Claimant:_
CITY OF EMERYVILLE
GOVERNMENT TORT CLAIM CITY CLERK'S OFFICE
(California Government Code § 910 et seg.)
MAY 052025
VIA CERTIFIED MAIL & PERSONAL DELIVERY RECEIVED
Date: May 5, 2025
TO: City of Emeryville
City Clerk's Office
1333 Park Avenue
Emeryville, CA 94608
CC: Emeryville Police Department
2449 Powell Street
Emeryville, CA 94608
CC: Powell Street Plaza
5700 Christie Ave
Emeryville, CA 94608-2400
RE: Notice of Claim for Damages
CLAIMANT INFORMATION:
Name: Karla Gottschalk
Phone:
Email:
1. DATE, TIME, AND PLACE OF INCIDENT:
Date: January 28, 2025
Time: Approximately 9:15 AM
Location: Starbucks store #5601, 5767 Christie Avenue, Emeryville, CA
2. CIRCUMSTANCES OF INCIDENT:
Officer Rodriguez #413 responded within 3 minutes to a non-emergency call, participated in discriminatory removal of claimant from public accommodation, seized private property (receipt), and imposed permanent ban without due process or documentation. Actions demonstrate coordination with private entity in civil rights violations.
3. SPECIFIC ACTIONS CAUSING INJURY:
a) Immediate response to non-emergency (3 minutes) suggesting pre-arrangement b) Failure to conduct independent investigation
c) Seizure of evidence (receipt) without documentation
cl) Imposition of permanent ban without authority
e) Participation in discriminatory removal
f) Failure to protect civil rights
g) Violation of due process
H) Filing false police report
4. PUBLIC EMPLOYEES INVOLVED:
- Officer Rodriguez #413
- Any supervising officers
- Dispatch personnel
- Other officers yet to be identified
5. DESCRIPTION OF DAMAGES/INJURIES:
- Violation of civil rights
- Denial of public accommodation
- Property seizure
- Emotional distress
- Dignitary harm
- Loss of access
- Professional impact
- Defamation: Verbal comment alleged based upon video with no audio that is not credible -6 SETTLEMENT DEMAND: $7,500,000
Justification for Enhanced Demand:
1. Original Violations
- Civil rights
- Public accommodation
- Property rights
- Due process
Subtotal: $1,750,000
2. Defamation Damages
- False accusations
- Professional impact
- Reputational harm
- Emotional distress
Subtotal: $2,000,000
3. Conspiracy Evidence
- Coordinated action
- Malicious intent
- Evidence manipulation
- Pattern conduct
Subtotal: $1,750,000
4. Punitive Elements
- Willful misconduct
- Malicious defamation
- Pattern of behavior
- Public deterrence
Subtotal: $2,000,000
# SPECIFIC CONSPIRACY EVIDENCE
1. Timeline Evidence
- Patron warning of pre-planned removal
- 3-minute police response
- Immediate permanent ban
- Receipt confiscation
- Post-hoc racism claim
- Attempt to gather supporting statements
2. Document Trail
- Original trespass claim
- Changed justification
- Missing body cam footage
- Selective video preservation
- Post-incident statements
3. Coordination Evidence
- Pre-incident communications
- Rapid police response
- Joint action on removal
- Evidence handling
- Post-incident coordination
4. Pattern Evidence
- Similar incidents
- Policy implementation
- Training records
- Response protocols
- Documentation practices
5. Malicious Intent
- Pre-planned removal
- False accusations
- Evidence manipulation
- Reputation damage
- Ongoing harm
The enhanced demands reflect:
1. New evidence of conspiracy
2. Malicious defamation
3. Pattern of misconduct
4. Punitive elements
5. Interest considerations
IMMEDIATE EVIDENCE PRESERVATION DEMAND
You are hereby notified to preserve ALL evidence related to the January 28, 2025 incident and subsequent actions, including but not limited to:
1. Video Evidence
- ALL surveillance footage (24 hours surrounding incident) - Body camera footage
- External security cameras
- Metadata and timestamps
- Original format files
2. Audio Evidence
- 911 calls
- Police radio traffic
- Internal communications
- Dispatch recordings
- Store audio systems
3. Electronic Communications
- Emails regarding incident
- Text messages
- Internal messaging
- Management communications
- Post-incident discussions
4. Documents
- Original incident reports
3 - Subsequent statements
- Internal memoranda
- Personnel files
- Training records
- Policy documents
5. Post-Incident Evidence
- All statements gathered
- Investigation notes
- Interview records
- Internal reviews
- Policy discussions
WARNING: Destruction of evidence after this notice will result in immediate legal action for spoliation.
DEMAND:
Claimant demands:
1. Full compensation as stated above
2. Policy reforms
3. Training implementation
4. Oversight mechanisms
5. Documentation requirements
STATUTORY NOTICE AND TIMELINE:
This claim is filed pursuant to California Government Code § 910 et seq., specifically:
1. This claim is timely filed within the 100-day claim presentation requirement under Government Code § 911.2(a) for personal injury and personal property claims:
- Incident Date: January 28, 2025
- Filing Date: May 5, 2025
- Days Elapsed: 98
- Days Remaining: 2
2. The public entity must act on a claim within 45 days after receipt (Gov. Code § 912.4):
- Claim Receipt Date: May 5, 2025
- Response Due Date: [45 days from filing]
3. If the claim is rejected, claimant has six months from the date of written rejection notice to file suit (Gov.
Code § 945.6)
4. If no written rejection is received, claimant has two years from the accrual of the cause of action to file suit (Gov. Code § 945.6)
RESERVATION OF RIGHTS:
This claim includes all currently known damages. Claimant expressly reserves the right to:
- Amend this claim upon discovery of new facts
- Supplement damages as they develop
- Add additional claims as discovered
- Name additional responsible parties
- File additional claims as needed
Respectryl submitted,
Karla Got schak
Attorney (retired Cal Bar #91651)