Coleman v. Pasadena City CA2/1

Filed 9/30/16 Coleman v. Pasadena City CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

COL. ARTHUR COLEMAN, B265771, B266939

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. EC063129) v.

PASADENA CITY et al.,

Defendants and Respondents.

APPEAL from judgments of the Superior Court of Los Angeles County, Donna Fields Goldstein, Judge. Affirmed as modified. Col. Arthur Coleman, in pro. per., for Plaintiff and Appellant. Michele Beal Bagneris, City Attorney, and Frank L. Rhemrev, Assistant City Attorney, for Defendants and Respondents City of Pasadena and Bill Bogaard. Musick, Peeler & Garrett, Barbora Pulmanova and Kiersten A. Wiens for Defendants and Respondents Passageway Organization, Susan Mandel and Steve Danon. ——————————

Col. Arthur Coleman (Coleman) appeals in pro. per. from the trial court’s granting of a demurrer without leave to amend and dismissing his first amended complaint against the City of Pasadena and other defendants. “[T]he rules of civil procedure must apply equally to parties represented by counsel and those who forego attorney representation.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984–985.) We have carefully considered each of Coleman’s arguments, and we affirm. BACKGROUND On March 16, 2015, Coleman filed a handwritten first amended complaint naming as defendants “Pasadena City, Public Entity, Bill Bogaard, Mayor, Passageway Organization, Susan Mandel, President, Steve Danon, Director.” The original complaint, filed November 17, 2014, is not in the record on appeal. Coleman alleged that the City of Pasadena and Mayor Bill Bogaard (hereafter, the City) issued a business license to Passageway Organization (Passageway), requiring it to “function fair under business practice with all client, customer and citizen.” (Underscore omitted.) On November 6, 2013, a Passageway associate received a “properly cordial” letter Coleman had mailed “in a custom graphic created envelope.” Steve Danon (Danon), Passageway’s director, told Coleman the envelope was “beyond modern society acceptance and must be wrong or negative or immoral,” and “only a white color envelope was to be used in future for correspondence to Passageway,” or Coleman would be denied all services. Danon directed Passageway’s intake coordinator to tell Coleman he would be denied services for ten business days. The City was responsible for safeguarding Coleman’s personal property rights and civil rights, and failed to do so or to investigate. Coleman had filed a claim with the City on May 13, 2014. Coleman alleged causes of action for “business establishment discrimination,” “gross negligence or negligence,” emotional distress, conspiracy, “respondent superior,” and revocation of professional license. (Underscore omitted.) Coleman demanded “three hundred trillion dollars” in damages and “nine trillion dollars” in punitive damages.