280 lines
9.8 KiB
Plaintext
280 lines
9.8 KiB
Plaintext
CHRISTOPHER ASHWORTH, A Member of
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GARFIELD, TEPPER, ASHWORTH & EPSTEIN
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1925 Century Part East, Suite 1250
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Los Angeles, California 90067
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Telephone: (213) 277-1981
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Attorneys For Plaintiffs
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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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Case NO. SA CV90-021 JSL (RwRx)
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COMPLAINT FOR
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DECLARATORY RELIEF
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AND DAMAGES
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(Electronic
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Communications Privacy
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Act of 1986;
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18 U.S.C. Section 2701,
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et seq.)
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H. KEITH HENSON, HUGH L. HIXON,
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JR., THOMAS K. DONALDSON, NAOMI
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REYNOLDS, ROGER GREGORY, MICHAEL G.
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FEDEROWITCZ, STEVEN B. HARRIS,
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BRIAN WOWK, ERIC GEISLINGER,
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CATH WOOF, BILLY H. SEIDEL,
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ALLEN J. LOPP, LEE CORBIN
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RALPH MERKEL, AND KEITH LOFTSTROM
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Plaintiffs,
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v.
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RAYMOND CARRILLO, SCOTT HILL,
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DAN CUPIDO, ALAN KUNZMAN, ROWE
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WORTHINGTON, RICHARD BOGAN,
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REAGAN SCHMALZ, GROVER TRASK, II,
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ROBERT SPITZER, LINFORD L.
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RICHARDSON, GUY PORTILLO,
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individuals, and the COUNTY OF
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RIVERSIDE, a subdivision of the
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State of CAlifornia, And the CITY
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OF RIVERSIDE, a municipal entity,
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and DOES 1 through 100 inclusive,
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Defendants.
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Plaintiffs complain of defendants as follows:
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JURISDICTIONAL ALLEGATION
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1. This case arises under an Act of Congress, namely
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the Electronic Communication Privacy Act of 1986; U.S.C. Section
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2701, et Seq., and in particular, the civil enforcement
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Provisions thereof, 18 U.S.C. Section 2707. Venue is proper in this
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Court in that all of the defendants reside in this district.
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COMMON ALLEGATIONS
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2. Plaintiffs are all individuals residing in
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various point and places in the United States. [except Brian
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Wowk who resides in Canada.]
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3. Defendants Carillo, Hill, Cupido, Kuntzman,
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Worthington, Bogan, Schmalz, Trask, Spitzer, Hinman and Mosley
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are all employees of defendant County of Riverside, and at all
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times material, were acting within the course and scope of their
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employment. Defendants Richardson and Portillo are all
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employees of defendant City of Riverside and at all times
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material, were acting within the course and scope of their
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employment. Defendant County of Riverside ["county'] is a
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political subdivision of the State of California. Defendant
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City of Riverside ["city'] is a municipal entity located within
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California.
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Defendants Carillo, Hill, Cupido, Kuntzman,
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Worthington, Bogan, and Schmalz are employed by defendant County
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in the Office of the Riverside County Coroner. Defendants
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Trask, Spitzer, Hinman and Mosley are employed by the said
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county in the office of the District Attorney, Defendants
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Richardson and Portillo are employed by defendant City in the
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Riverside Police Department.
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-------------------
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4. All of the events complained of herein occurred
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within two years of the date of filing of the complaint.
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At all times material, Alcor Life Extension
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Foundation, a non-Profit corporation with its principal place of
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business in Riverside County, maintained facilities at its place
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of business whose purpose was to (in part) facilitate the
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sending and receipt of electronic mail ["E-mail"] via computer-
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driven modems and which electronic mail facility was utilized by
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the plaintiffs, and each of them. The Alcor Facility is remote in
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geographical location from all plaintiffs.
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5. At all times material, each plaintiff had one or
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more E-mail messages abiding on electron or magnetic medial at
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the Alcor facility. Prior to [actually on] January 12, 1988, defendants
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procured from the Riverside Superior Court a search warrant
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which authorized, in general, a search of the facilities of
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Alcor. A true and correct copy of that search warrant is
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attached hereto and marked Exhibit "A". The search warrant does
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not purport to reach, nor was it intended to reach, any of the
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E-mail of plaintiffs.
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6. On January 12, 1988, defendant entered upon the
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Alcor premisses and removed many things therefrom including the
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electronic media containing plaintiffs' E-mail.
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7. Contemporaneously with the seizure of the
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electronic media containing plaintiffs' E-mail, defendants were
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explicitly informed that they were seizing plaintiffs' E-mail
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which was not described either generally or specifically in the
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warrant hereinabove referred to.
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--------------
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8. No notice was given to any plaintiff by any
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defendant of the impending seizure of their E-mail.
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9. In the process of procuring the warrant, neither
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the defendants nor anyone else made any showing that there
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was reason to believe that the contents of any of plaintiffs' E-
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mail was relevant to any law enforcement inquiry.
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10. Subsequent to the execution of the warrant on
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January 12, 1988, no notice was given to any plaintiff by any
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government entity, including the defendants, nor any
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defendant herein, at any time, regarding the defendants
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acquisition and retention of plaintiffs' E-mail.
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11. The court issuing the warrant in respect of the
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Alcor facility did not, prior to the issuance of the warrant nor
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at any other time, determine that notice to plaintiffs
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compromised any legitimate investigation within the meaning of 18
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U.S.C. section 2705(a)(2).
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12. Not withstanding that defendant and each of them
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were informed that they had taken, along with materials
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describe in the warrant, E-mall belonging to plaintiffs, said
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defendants knowingly and willfully (a) continued to access the
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electronic and magnetic media containing plaintiffs' E-mail and
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(b) continued to deny access to plaintiffs to such E-mail for
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many months although a demand was made for the return of the
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said E-mail. Defendants' wrongful access to and retention of
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plaintiffs' E-mail was intentional within the meaning of 18
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U.S.C. section 2707.
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13. Proximately caused by the unprivileged actions of
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the defendants hereinbefore described, each plaintiff has
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suffered damage in an amount to be proved at trial, but in no
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event less than $10,000 each.
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WHEREFORE plaintiffs pray:
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1. For damages according to proof;
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2. For cost of suit;
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3. For Attorneys' fees pursuant to 18 U.S.C.
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section 2707(b)(3); and
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4. For such other and further relief as is required
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in the circumstances.
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Date: January 11, 1990
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GARFIELD, TEPPER, ASHWORTH, AND EPSTEIN
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A Professional Corporation
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(signed)
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CHRISTOPHER ASHWORTH
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Attorneys for Plaintiffs
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Exhibit "A"
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COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
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SEARCH WARRANT
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To any Sheriff, Police Officer, Marshal or Peace Officer
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in the County of Riverside.
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Proof, by sworn statement, having been made this day
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to me by Alan Kunzman and it appearing that there is
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probable cause to believe that at the place and on the
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persons and in the vehicle(s) set forth herein there
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is now being concealed property which is:
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____ stolen or embezzled property
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__x__ property and things used to commit a felony
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__x__ property possessed (or being concealed by another)
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with intent to commit a public offense
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__x__ property tending to show a felony was committed;
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YOU ARE THEREFORE COMMANDED TO SEARCH : the
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premises located at
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[description of Alcor address at 12327 Doherty St.]
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including all rooms attics, basements, storage areas, and
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other parts therein, garages, grounds and outbuilding and
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appurtenances to said premises; vehicles(s) described as
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follows:
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(not applicable)
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and the persons of (not applicable)
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for the following property:
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1. All electronic storage devices, capable of storing,
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electronic data regarding the above records,
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including magnetic tapes, disc, (floppy or hard),
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and the complete hardware necessary to retrieve
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electronic data including CPU (Central Processing
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Unit), CRT (viewing screen, disc or tape drives(s),
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printer, software and service manual for operation
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of the said computer, together with all handwritten
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notes or printed material describing the
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operation of the computers (see exhibit A - search
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warrant no., 1 property to be seized #1)
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2. Human body parts identifiable or belonging to
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the deceased, Dora Kent.
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3. Narcotics, controlled substances and other
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drugs subject to regulation by the Drug
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Enforcement Administration.
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article of personal property tending to establish the identity
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of person in control of premise, vehicle, storage areas,
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and containers being searched, including utility company
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receipts, rent receipts, address envelopes and keys and to
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SEIZE it if found and bring it forthwith before me or
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this court at the courthouse of this court.
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Good cause being shown this warrant my be served at any
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time of the day or night as approve by my initials_________
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Time of issuance _______ Time of execution __1600__
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Given under my hand and dated this 12th day of January 1988
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Thomas E. Hollenhorst Judge of the Superior Court
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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H. KEITH HENSON, see attachment "A"
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PLAINTIFF(S)
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vs.
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RAYMOND CARRILLO, see attachment "A"
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DEFENDANTS(S)
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CASE NUMBER
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SA CV- 90-021 JSL Rw Rx
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SUMMONS
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-----------------------------------------------
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TO THE ABOVE NAMED DEFENDANT(S), your are hereby summoned and required to
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file with this court and serv upon
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Christopher Ashworth, Esq.
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GARFIELD, TEPPER, ASHWORTH & EPSTEIN
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A Professional Corporation
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Plaintiff's attorney, whose address is:
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1925 Century Park East, Suite 1250
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Los Angeles, California 90067
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(213) 277-1981
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an answer to the complaint which is herewith serve upon you
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within __20__ days after service of this summons upon you, exclusive
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of the day of service. If you fail to do so, judgment by default
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will be taken against you for the relief demanded in the complaint.
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Date Jan. 11, 1990
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CLERK, U.S. DISTRICT COURT
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By MARIA CORTEZ
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Deputy Clerk
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(SEAL OF THE COURT)
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