Related articles:
The building inspector died after he was linked to CNET
Documents linking Collins to Danville Police, Tanabe, Lombardi and CNET.
Gary Vinson Collins was killed in 2011 weeks after I gave Chief Bryden documents linking Danville to CNET.
http://contracostawatch.blogspot.com/2013/03/obit-gary-vinson-collins-danville.html
Bennett V. Collins
Peter Bennett
PO Box 523
Alamo CA 94507
Telephone: (925) 705-1812
Facsimile: (000) 000-0000
In Pro Per
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA-UNLIMITED JURISDICTION
Pete Bennett
Plaintiff, v.
Gary Collins, and DOES 1-20, inclusive,
Defendants.
| ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) |
CASE NO.:
COMPLAINT FOR DAMAGES FOR ASSAULT, BATTERY, FALSE IMPRISONMENT, TRESPASS TO REAL PROPERTY, TRESPASS TO PERSONAL PROPERTY, CONVERSION AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
|
Plaintiff alleges:
GENERAL ALLEGATIONS
1. Defendant Gary Collins is an individual. Plaintiff Pete Bennett is informed and believes that, at all times herein mentioned, defendant Gary Collins was a resident of Contra Costa County, California.
2. Defendants Doe 1 through Doe 20, inclusive, are sued herein under fictitious names. Their true names and capacities are unknown to plaintiff. When their true names and capacities are ascertained, plaintiff will amend this complaint by inserting their true names and capacities herein. Plaintiff is informed and believes and thereon alleges that each of the fictitiously named defendants is responsible in some manner for the occurrences herein alleged, and that plaintiff's damages as herein alleged were proximately caused by those defendants. Each reference in this complaint to ''defendant,'' ''defendants,'' or a specifically named defendant refers also to all defendants sued under fictitious names.
3. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned each of the defendants, including all defendants sued under fictitious names, was the agent and employee of each of the remaining defendants, and in doing the things hereinafter alleged, was acting within the course and scope of this agency and employment.
FIRST CAUSE OF ACTION
(Assault)
4. Plaintiff incorporates paragraphs 1 through 3 this Complaint as if the same were fully stated herein.
5. On or about September 21, 2004, defendant Gary Collins came to plaintiff Pete Bennett’s residence at 161 Valle Vista Drive in Danville, California. Defendant Gary Collins menacingly approached and yelled threatening and offensive words at plaintiff, including threats of death and bodily harm. Further, defendant Gary Collins attempted to strike and did, in fact, strike plaintiff, thereby inflicting bodily harm upon plaintiff.
6. In doing the acts as alleged above, defendant intended to cause plaintiff an apprehension of a harmful or an offensive contact with plaintiff's person.
7. As a result of defendant's acts as alleged above, plaintiff, in fact, was placed in great apprehension of a harmful contact with plaintiff's person.
8. At no time did plaintiff consent to any of the acts of defendant alleged above.
9. As a proximate result of the acts of defendant as alleged above, plaintiff suffered physical injuries to his elbow, shoulder, arm, knee, leg and chest.
10. As a proximate result of the acts of defendant as alleged above, plaintiff was hurt and injured in his health, strength, and activity, sustaining injury to his nervous system and person, all of which have caused, and continue to cause, plaintiff great mental, physical, and nervous pain and suffering. As a result of these injuries, plaintiff has suffered general damages.
11. As a further proximate result of defendant's acts, plaintiff has been damaged in that he has been required to expend money and incur obligations for medical services and treatment reasonably required in the treatment and relief of the injuries herein alleged.
12. As a further proximate result of the acts of defendant, plaintiff has incurred medical and related expenses.
13. Plaintiff is informed and believes that, as a further proximate result of the acts of defendant, plaintiff will continue to incur medical and related expenses.
14. As a further proximate result of the acts of defendant, plaintiff was prevented from participating in his usual occupation and thereby lost earnings to his damage.
15. Plaintiff is informed and believes that, as a further proximate result of the acts of defendant, plaintiff's present and future earning capacity has been impaired.
16. The aforementioned conduct of defendant was willful and malicious and was intended to oppress and cause injury to plaintiff. Plaintiff is therefore entitled to an award of punitive damages.
SECOND CAUSE OF ACTION
(Battery)
17. Plaintiff incorporates paragraphs 1 through 3 and 8 through 16 of this Complaint as if the same were fully stated herein.
18. On or about September 21, 2004, defendant Gary Collins came to plaintiff Pete Bennett’s residence at 161 Valle Vista Drive in Danville, California. Defendant Gary Collins struck plaintiff with his hands on multiple occasions and threw plaintiff to the ground. Defendant Gary Collins pinned plaintiff to the ground by pressing his knees into plaintiff’s chest while plaintiff was on his back on the ground.
19. In doing the acts as alleged above, defendant acted with the intent to make a contact with plaintiff's person.
THIRD CAUSE OF ACTION
(False Imprisonment)
20. Plaintiff incorporates paragraphs 1 through 3 and 9 through 16 of this Complaint as if the same were fully stated herein.
21. On or about September 21, 2004, defendant Gary Collins used physical force and threats of violence, including death threats, to confine plaintiff for a period of time, against his will and without his consent. Following this period of detention, defendant released plaintiff without charging him with any crime or taking him before a magistrate.
22. Immediately prior to the acts of defendant herein alleged, plaintiff had been peacefully working in the study in his residence, located at 161 Valle Vista Drive in Danville, California.
23. Plaintiff did not steal, nor was he in the process of stealing, any property belonging to defendant or anyone else, nor had he committed any crime against defendant or anyone else.
24. In imprisoning plaintiff, defendant acted with deliberate malice and for the purpose of harassing plaintiff and causing plaintiff physical and emotional harm.
FOURTH CAUSE OF ACTION
(Trespass to Real Property)
25. Plaintiff incorporates paragraphs 1 through 3 and 9 through 16 of this Complaint as if the same were fully stated herein.
26. On or about September 21, 2004, defendant Gary Collins intentionally entered a residence located at 161 Valle Vista Drive in Danville, California of which plaintiff is the occupant and possessor.
27. Plaintiff did not give defendant permission for the entry and, in fact, defendant entered plaintiff’s residence despite plaintiff’s explicit demands for defendant to leave.
FIFTH CAUSE OF ACTION
(Trespass to Personal Property)
28. Plaintiff incorporates paragraphs 1 through 3 of this Complaint as if the same were fully stated herein.
29. On or about September 21, 2004, defendant Gary Collins, without plaintiff's consent, threw plaintiff into an antique table owned by plaintiff.
30. In doing the acts above, defendant proximately caused damage to said table. Plaintiff is informed and believes that the cost to replace or repair said table is approximately $400.00.
31. The aforementioned conduct of defendant was willful and malicious and was intended to oppress plaintiff. Plaintiff is therefore entitled to an award of punitive damages.
SIXTH CAUSE OF ACTION
(Conversion)
32. Plaintiff incorporates paragraphs 1 through 3 of this Complaint as if the same were fully stated herein.
33. At all times herein mentioned, and in particular on or about September 21, 2004, plaintiff was, and still is, the owner and was, and still is, entitled to the possession of the following personal property, namely: an antique table.
34. Plaintiff is informed and believes that on or about September 21, 2004 and at 161 Valle Vista Drive in Danville, California, the property described above had an approximate value of $400.00.
35. On or about September 21, 2004, defendant Gary Collins, without plaintiff’s consent, intentionally damaged said antique table by throwing plaintiff into it, all to plaintiff’s detriment.
36. The aforementioned conduct of defendant was willful and malicious and was intended to oppress plaintiff. Plaintiff is therefore entitled to an award of punitive damages.
SEVENTH CAUSE OF ACTION
(Intentional Infliction Emotional Distress)
37. Plaintiff incorporates paragraphs 1 through 36 of this Complaint as if the same were fully stated herein.
38. Defendant’s actions of physically attacking plaintiff, verbally intimidating plaintiff, damaging plaintiff’s personal property and trespassing on plaintiff’s real property, as alleged in this Complaint, were knowing, intentional, and willful, and done with a reckless disregard of the probability of causing plaintiff emotional distress.
39. As a proximate result of defendant’s conduct, as alleged in this complaint, plaintiff suffered severe mental anguish and emotional and physical distress, all to his general damages.
40. In acting in the manner described in this Complaint, defendant’s conduct was malicious and oppressive, and was carried out in willful and conscious disregard of plaintiff’s rights and safety and subjected plaintiff to cruel and unjust hardship.
PRAYER FOR RELIEF
WHEREFORE, plaintiff Pete Bennett demands against defendants, and each of them, as follows:
1. For general damages according to proof;
2. For medical and related expenses according to proof;
3. For lost earnings, past and future, according to proof;
4. For punitive damages;
5. For interest as allowed by law;
6. For costs of suit herein incurred; and
7. For such other and further relief as the court may deem proper.
Dated:
________________________
Peter Bennett
In Pro Per
Comments (
Printable Version
Email This
Font
