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Posted: 3/16/2006 2:56:28 PM EDT
When a dump truck backed into Curtis Gokey's car, he decided to sue the city for damages. Only thing is, he was the one driving the dump truck. But that minor detail didn't stop Gokey, a Lodi city employee, from filing a $3,600 claim for the December accident, even after admitting the crash was his fault.

After the city denied that claim because Gokey was, in essence, suing himself, he and his wife, Rhonda, decided to file a new claim under her name.

City Attorney Steve Schwabauer said this one also lacks merit because Rhonda Gokey can't sue her own husband.

"You can sue your spouse for divorce, but you can't sue your spouse for negligence," Schwabauer said. "They're a married couple under California law. They're one entity. It's damage to community property."

But Rhonda Gokey insisted she has "the right to sue the city because a city's vehicle damaged my private vehicle."

In fact, her claim, currently pending at Lodi City Hall, is for an even larger amount _ $4,800.

"I'm not as nice as my husband is," she said.

___

link
Link Posted: 3/16/2006 2:59:24 PM EDT
shoot him.
Link Posted: 3/16/2006 2:59:31 PM EDT
That'a about right for Lodi.

<-- Here's my suprised look.
Link Posted: 3/16/2006 3:00:35 PM EDT


I can't take this shit anymore.
Link Posted: 3/16/2006 3:03:37 PM EDT

Originally Posted By SteyrAUG:


I can't take this shit anymore.



Downfall of a once great empire my friend...sad to watch.
Link Posted: 3/16/2006 3:03:53 PM EDT
"I'm not as nice as my husband is," she said.


She's not as smart either.
Link Posted: 3/16/2006 3:08:22 PM EDT
Hi my name is stupid and I'd like to file against stupid
Link Posted: 3/16/2006 3:11:14 PM EDT

Originally Posted By HarrySacz:
shoot him.



Agreed!
Link Posted: 3/16/2006 7:20:45 PM EDT

Originally Posted By SteyrAUG:


I can't take this shit anymore.


We are kings compared to these idiots.
Link Posted: 3/17/2006 7:20:14 PM EDT
Wasn't Sgatr15 from Lodi?
Link Posted: 3/17/2006 7:26:14 PM EDT

Originally Posted By HarrySacz:
shoot him them.



Gotta get them both, and hope that they haven't reproduced yet...
Link Posted: 3/17/2006 7:34:01 PM EDT
Damn... that's all I can say is damn.
Link Posted: 3/17/2006 9:15:33 PM EDT
I found this posted on another board......................

"I think the city should pay the claim. Then they should have their police dept. cite him for the accident. That plus the accident report will add at least 4 points to his license. Depending on how many points he has against his license, DMV might pull it. Then they should fire him for cause."
Link Posted: 3/17/2006 9:21:58 PM EDT

Originally Posted By Hydguy:

Originally Posted By HarrySacz:
shoot him them.



Gotta get them both, and hope that they haven't reproduced yet...



They should just shoot themselves, and then sue eachother...
Link Posted: 3/17/2006 9:24:31 PM EDT

Originally Posted By AZ-K9:

Originally Posted By SteyrAUG:


I can't take this shit anymore.


We are kings compared to these idiots.



in the land of the blind, the man with one eye is king
Link Posted: 3/17/2006 9:48:48 PM EDT
[Last Edit: 3/17/2006 9:50:18 PM EDT by dayv27]
<--from Lodi

ETA: Yes, Lodi harbors Al Queda and Idiots.

And I moved to this town to get out of Stockton and it's high profile crime.
Link Posted: 3/17/2006 10:12:17 PM EDT
I think this was from Lodi New Jersey. It figures though..............everyone who lives here is nothing but sleaze. Pure sleaze. I fucking hate this state!!!! I hope it falls off into the atlantic ocean.
Link Posted: 3/17/2006 10:17:52 PM EDT

Originally Posted By Death2usama:
I think this was from Lodi New Jersey. It figures though..............everyone who lives here is nothing but sleaze. Pure sleaze. I fucking hate this state!!!! I hope it falls off into the atlantic ocean.



Did you follow the link?

LODI, Calif.


When a dump truck backed into Curtis Gokey's car, he decided to sue the city for damages......................snip...........................
Link Posted: 3/17/2006 11:04:40 PM EDT
[Last Edit: 3/18/2006 11:10:27 AM EDT by legalese77]
If a city worker hit your car and the city refused to pay, would you sue? Of course. It sounds as if, technically, the guy is suing the city, not himself. Technically speaking, there is likely no identity of parties. It is doubtful that he has actually named himself as defendant.

Anyone have a copy of the complaint? I read several versions of this article and all referred to 'suing' but then indicated that they Gokeys had filed claims with City Hall that were denied by the City and pending with City Hall. I dunno about CA but that isn't how lawsuits work here.

If in fact a suit has been filed, one needs to know the basis for the suit. The Plaintiff's own negligence? He will likely go nowhere with that as indicated by the article.

If he hit his own vehicle because the truck he was required to drive was inadequately maintained and malfunctioned or something else other than his negligence, then perhaps he has a legitimate complaint.

By the way... never ask: "can so and so [sue, call the police on me, take me to court] for [insert anything here]?" The answer is always:


Of course they can, anyone can haul you into court, call the police on you or sue you for anything, anytime, anywhere. Will their actions have any merit? That will depend but generally speaking they can do that anytime...try and stop them.

Ok, enough hot air from this not so wise wisenheimer and without further ado, another one of my favorite true Court opinions:



United States District Court, W. D. Pennsylvania.
UNITED STATES ex rel. Gerald MAYO
v.
SATAN AND HIS STAFF.
Misc. No. 5357.
Dec. 3, 1971.

Civil rights action against Satan and his servants who allegedly
placed deliberate obstacles in plaintiff's path and caused his
downfall, wherein plaintiff prayed for leave to proceed in forma
pauperis. The District Court, Weber, J., held that plaintiff would not
be granted leave to proceed in forma pauperis who in view of questions
of personal jurisdiction over defendant, propriety of class action,
and plaintiff's failure to include instructions for directions as to
service of process.
Prayer denied.

Gerald Mayo, pro se.

MEMORANDUM ORDER

WEBER, District Judge.
Plaintiff, alleging jurisdiction under 18 U.S.C. § 241, 28 U.S.C. §
1343, and 42 U.S.C. § 1983 prays for leave to file a complaint for
violation of his civil rights *283

in forma pauperis. He alleges that Satan has on numerous occasions
caused plaintiff misery and unwarranted threats, against the will of
plaintiff, that Satan has placed deliberate obstacles in his path and
has caused plaintiff's downfall.
Plaintiff alleges that by reason of these acts Satan has deprived him
of his constitutional rights.
We feel that the application to file and proceed in forma pauperis
must be denied. Even if plaintiff's complaint reveals a prima facie
recital of the infringement of the civil rights of a citizen of the
United States, the Court has serious doubts that the complaint reveals
a cause of action upon which relief can be granted by the court. We
question whether plaintiff may obtain personal jurisdiction over the
defendant in this judicial district. The complaint contains no
allegation of residence in this district. While the official reports
disclose no case where this defendant has appeared as defendant there
is an unofficial account of a trial in New Hampshire where this
defendant filed an action of mortgage foreclosure as plaintiff. The
defendant in that action was represented by the preeminent advocate of
that day, and raised the defense that the plaintiff was a foreign
prince with no standing to sue in an American Court. This defense was
overcome by overwhelming evidence to the contrary. Whether or not this
would raise an estoppel in the present case we are unable to determine
at this time.
If such action were to be allowed we would also face the question of
whether it may be maintained as a class action. It appears to meet the
requirements of Fed.R. of Civ.P. 23 that the class is so numerous that
joinder of all members is impracticable, there are questions of law
and fact common to the class, and the claims of the representative
party is typical of the claims of the class. We cannot now determine
if the representative party will fairly protect the interests of the
class.
We note that the plaintiff has failed to include with his complaint
the required form of instructions for the United States Marshal for
directions as to service of process.
For the foregoing reasons we must exercise our discretion to refuse
the prayer of plaintiff to proceed in forma pauperis.
It is ordered that the complaint be given a miscellaneous docket
number and leave to proceed in forma pauperis be denied.



Link Posted: 3/18/2006 12:22:26 AM EDT
Link Posted: 3/18/2006 1:09:01 AM EDT

Originally Posted By DVCAPI:

Originally Posted By Death2usama:
I think this was from Lodi New Jersey. It figures though..............everyone who lives here is nothing but sleaze. Pure sleaze. I fucking hate this state!!!! I hope it falls off into the atlantic ocean.



Did you follow the link?

LODI, Calif.


When a dump truck backed into Curtis Gokey's car, he decided to sue the city for damages......................snip...........................



Sorry I missed the link. I still hate this state anyway
Link Posted: 3/18/2006 8:54:04 AM EDT
Local news said that the City's attorney said the case would probably go to small claims court. The city was not going to pay anything outright.

His wife filed the claim against the city. She said she figured she could get money for the damage since her name was on the truck too, and a city empoyee (her Husband) hit "her" truck.
Link Posted: 3/18/2006 8:59:33 AM EDT
Solution 1..........Pay off the claim, and FIRE the driver

Solution 2..........Pay off the claim and GARNISH the drivers paycheck

Solution 3...........Tell the driver to fix his own damn car

Link Posted: 3/18/2006 9:08:58 AM EDT
I'm really not that shocked.
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