Buzayan v. City of Davis

927 F. Supp. 2d 893, 2013 WL 687087, 2013 U.S. Dist. LEXIS 25652
CourtDistrict Court, E.D. California
DecidedFebruary 25, 2013
DocketNo. 2:06-cv-01576-MCE-DAD
StatusPublished
Cited by2 cases

This text of 927 F. Supp. 2d 893 (Buzayan v. City of Davis) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Buzayan v. City of Davis, 927 F. Supp. 2d 893, 2013 WL 687087, 2013 U.S. Dist. LEXIS 25652 (E.D. Cal. 2013).

Opinion

MEMORANDUM AND ORDER

MORRISON C. ENGLAND, JR., Chief Judge.

Through the present action, Halema Buzayan and the Buzayan family seek damages as a result of events stemming from hit-and-run charges levied against Halema as a result of an incident which allegedly occurred in Davis, California, on June 7, 2005. Presently before the Court are cross-motions for partial summary judgment brought with respect to two of the claims brought by Plaintiffs in their Second Amended and Supplemental Complaint, filed January 3, 2008. First, both Plaintiffs and Defendants City of Davis, James Hyde, Steven Pierce, Pheng Ly, Ben Hartz, David Henderson and Patricia Fong (collectively referred to as “Defendants” unless otherwise indicated) seek to summarily adjudicate Plaintiffs’ Fourteenth Cause of Action, which asserts a violation of Plaintiffs right to privacy under Article I, Section 1 of the California Constitution. Secondly, the same parties also seek partial summary judgment as to the Fifteenth Cause of Action, which alleges violations both of California’s common law right to privacy and to statutory rights to private information protected under the California Information Practices Act, California Civil Code § 1798.53, et seq. As set forth below, Defendants’ Motion for Partial Summary Judgment will be granted, and Plaintiffs’ corresponding cross motion will be denied.1

BACKGROUND

The facts of this matter have already been discussed at length in prior rulings made by the Court. On June 7, 2005, a hit and-run accident occurred in a supermarket parking lot located in Davis, California. An alleged eyewitness, Marc Rowe, claims he saw a Toyota Highlander strike the rear end of a 2001 Mazda Protégé owned by Adrienne Wonhof-Gustafson. Mr. Rowe also provided a license plate number for the Toyota which allegedly left the scene of the incident. Later that same day, Defendant Pheng Ly, an Officer with the City of Davis Police Department, came to Ms. Wonhofs residence to inspect the damage to her car.

After running a check on the license plate number provided by Mr. Rowe, Officer Ly discovered that the plate matched a 2004 Toyota registered to Plaintiff Jamal [898]*898Buzayan and his wife. Plaintiff Najat Darrat at 1131 Pistachio Court in Davis. Officer Ly drove to the Buzayan residence and ultimately found Mr. Buzayan at home at about 9:30 p.m. on the evening of the incident. Ly explained that he was investigating a reported hit-and-run involving a blue Toyota Highlander, license plate number 5GXT958, which Buzayan confirmed was his vehicle. After Mr. Buzayan asked Officer Ly if he wished to examine the vehicle, they went into the garage. The license number of the Highlander parked there matched the number provided by the witness and had corner damage to the right front/passenger bumper. Ms. Darrat then appeared and, while she admitted driving the Toyota to Safeway several times earlier in the day, denied being at Safeway around 6:30 p.m. when the witness observed the alleged incident. Neither Mr. Buzayan nor Ms. Darrat had noticed the Toyota’s bumper damage previously. Officer Ly took pictures of that damage.

When Officer Ly inquired with respect to any other drivers in the household, he learned that the couple’s daughter, sixteen-year-old Halema, had a driver’s license. Officer Ly then asked to speak to Halema, who denied driving the Highlander to Safeway that day. Officer Ly made audio recordings of his interviews with the Buzayans.

According to Officer Ly, as a result of this investigation, which all appears to have occurred the evening of the incident, he concluded that Halema Buzayan had likely been driving the Highlander and collided with the Wonhof-Gustafson Mazda on June 7, 2005. Officer Ly did not arrest Halema, however, until almost a week later, on June 13, 2005, when he returned to the Buzayan/Darrat home at about 9:40 p.m. with Officer Hartz (who also has been named as a Defendant) and transported Halema to the Davis Police Station for booking, fingerprinting and questioning before releasing her to her parents with a Notice to Appear. Halema’s arrest was effectuated without any warrant. Officer Ly also made audiotapes of Halema’s arrest and her subsequent questioning.

Jamal Buzayan contacted the American Civil Liberties Union (ACLU) in the wake of his daughter’s arrest and also complained to the Davis City Council about what had happened. Mr. Buzayan further contends he filed a complaint against the Police Department, which he states was rejected. Mr. Buzayan alleged that his family had been unfairly targeted by the police because of their Muslim background. Thereafter, on or about September 20, 2005, Plaintiffs filed a Government Tort Claim against both the City of Davis and the Davis Police Department.

The Buzayans’ claims created an outcry within the City of Davis along with extensive media interest and coverage. Protests were held in the family’s honor and public calls for additional police oversight were made.

On or about November 18, 2005, Defendant Patricia Fong, an attorney with the Yolo County Office of the District Attorney, filed juvenile misdemeanor charges against Halema Buzayan. In March and April of 2006, the Buzayans gave interviews to the media and provided a television station, KGO-Channel 7 in Sacramento, with unredacted copies of the audiotapes that had been made by Officer Ly. Portions of audiotapes were subsequently disclosed by KGO.

On or about March 20, 2006, Defendants sought sanctions as well as a media gag order against Plaintiffs in an attempt to prevent all parties from communicating with the media about the case. Plaintiffs’ opposition took the position that the “important public interest in understanding how its government operates” weighed in [899]*899favor of full media access to the case. ECF No. 246, Ex. B., 5:1-12. The opposition went on to specifically represent that “the minor and her family do not seek to require that these proceedings be kept confidential.” Id. at 1:16-18. Yolo County Superior Court Judge Thomas Warriner subsequently denied the motion for sanctions on March 24, 2006, but ordered the parties to refrain from any further disclosures, “except that counsel for the minor and the People may disclose to the public information regarding the procedural status of the case. Id. at Ex. C, 3:26-28.

Despite Judge Warriner’s order, media interest in the matter only intensified. Another television station, KXTV-Channel 10, quoted from the audiotapes provided to KGO, commented on the March 24, 2006 court proceedings on Defendants’ media gag order request, and cited Jamal Buzayan’s statement that he intended to file suit irrespective of the outcome of the criminal proceedings. The Sacramento Bee and The Davis Enterprise newspapers ran similar stories, and a later Davis Enterprise article published on March 26, 2006 cited commentary from Plaintiffs’ counsel Whitney Leigh about the March 24th hearing and his future case plans.

Given the increasing media coverage as outlined above, Defendant Fong filed a second motion, seeking sanctions against Attorney Leigh for the March 26, 2006 Davis Enterprise article and asking Judge Warriner to extend that gag order to the Buzayans. That motion was again denied, and the very same day KGO ran another article about the case that included more excerpts from the June 13, 2005 arrest audiotape. In addition, both The Sacramento Bee and The Davis Enterprise ran stories about the April 3rd hearing the following day. Id. at Ex. F, pp.

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Related

Blanco v. County of Kings
142 F. Supp. 3d 986 (E.D. California, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
927 F. Supp. 2d 893, 2013 WL 687087, 2013 U.S. Dist. LEXIS 25652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buzayan-v-city-of-davis-caed-2013.