J.G. v. City of Paso Robles CA2/6

Filed 8/3/21 J.G. v. City of Paso Robles CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

J.G., 2d Civ. No. B301035 (Super. Ct. No. 19CVP-0122) Plaintiff and Appellant, (San Luis Obispo County)

v.

CITY OF PASO ROBLES,

Defendant and Respondent.

J.G. filed a petition for an order relieving her from the claim presentation requirement in Government Code section 910.1 She alleged she was sexually assaulted, raped, stalked and harassed by Christopher McGuire, a Sergeant with the City of Paso Robles Police Department (Department), and sought relief as a prerequisite to filing an action for damages against the City of Paso Robles (City).

1 All further statutory references are to the Government Code.

The trial court denied the petition. It found J.G. had not demonstrated that her failure to present a timely claim to the City “was through mistake, inadvertence, surprise, or excusable neglect.” (§ 946.6, subd. (c)(1).) We affirm. FACTUAL AND PROCEDURAL BACKGROUND2 McGuire first assaulted J.G. on December 19, 2017, when he and several other officers responded to a domestic violence call she had placed. After arresting J.G.’s boyfriend, McGuire dismissed the other officers and remained in J.G.’s home for another four hours. According to J.G., McGuire instructed her to hug him. She did so reluctantly. McGuire then grabbed J.G.’s hand and placed it on his firearm in his hip holster. He placed her other hand on his erect penis and asked which “gun” she preferred. When she said the firearm, McGuire asked what she would do to his “big cock.” McGuire eventually left J.G.’s home, but he returned within the hour with another officer to discuss the steps she must take following the domestic violence call. A few days later, McGuire appeared at her home in civilian clothes and said he was conducting a welfare check. McGuire told her he had to speak with her in the detached garage. She accompanied him to the garage, where he locked the door, pulled down his pants and attempted to force J.G. to perform oral sex on him. When she refused, McGuire pulled down her pants and raped her. McGuire told her he would be conducting additional patrol checks in her neighborhood that evening and threatened to harm her or have her children taken away if she told anyone what had occurred.