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XXXX XXXX Ventura, CA 93001 XXXX XXXX

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF VENTURA ) Case No.: 56-2012-00416058-CU-PO-VTA ) ) VERIFIED CROSS-COMPLAINT OF ! Plaintiff, ) XXXX FOR: ) ! vs. ) 1. Trespass ) 2. Assault XXXX, and ) 3. Battery DOES 1 through 20, Inclusive, ) 4. False Imprisonment ) 5. Intentional Infliction of ! Defendants. ) Emotional Distress ) 6. Nuisance ) 7. Negligence ) _____________________________________ ) Judge: Hon. Tari Cody ) Dept.: 45 XXXX, ) LEONARD WEBER, ! ! vs. Cross-Complainant,
) ) ) ) ) ) ) ) ) ) )

LEONARD WEBER, MARSHA WEBER, and ROES 1 through 20, Inclusive, ! Cross-Defendants.

!

COMES NOW, XXXX (hereinafter referred to as XXXX), an

individual, who alleges as follows: PARTIES ! 1.! XXXX is, and at all times relevant hereto was, a

resident of Ventura County, California.
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!

2.!

Cross-Defendant LEONARD WEBER is, and at all times

relevant hereto was, a resident of Ventura County, California. ! 3.! Cross-Defendant MARSHA WEBER is, and at all times

relevant hereto was, a resident of Ventura County, California. ! 4.! XXXX is ignorant of the true names and capacities of

the Cross-Defendants identified herein as ROES 1 through 20 and sues these Defendants by such fictitious names pursuant to California Code of Civil Procedure § 474. XXXX will amend this

Cross-Complaint to add the true names of these Cross-Defendants when ascertained. ! 5.! XXXX is informed and believes, and based upon that

information and belief alleges, that each Cross-Defendant, including those fictitiously named, was acting as the agent and/ or employee of each of the other Cross-Defendants, and in doing the acts alleged herein, was acting within the course and scope of such employment or agency. FACTUAL ALLEGATIONS ! 6.! XXXX has resided at XXXX, Ventura, California since

approximately June of 2009. ! 7.! Beginning in August of 2009 through present day,

Cross-Defendants LEONARD WEBER and MARSHA WEBER have engaged in a continuous pattern of extreme and outrageous conduct that exceeds the bounds of what is generally tolerated in a civilized society by continuously harassing, provoking, and otherwise annoying XXXX and his family. Specific instances of such

extreme and outrageous conduct include, but are not limited to, those listed herein.

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!

8.!

On May 4th, 2010, LEONARD WEBER initiated a

confrontation with XXXX by peering up over XXXX’s fence and maniacally screaming at XXXX’s two young children and their babysitter XXXX in a very loud and angry manner for approximately 30 seconds. Fearing for her safety and the safety

of XXXX’s children, XXXX called for XXXX and told him of LEONARD WEBER’s actions. During the discussion, XXXX’s youngest

daughter (1 year old) kept repeating “Scared Daddy, scared, scared.” Concurrently, XXXX’s oldest daughter (5 years old) repeatedly asked “Daddy, what’s going on, why was that man yelling at us?” After calming and reassuring XXXX’s two young

children and XXXX, XXXX walked next door to LEONARD WEBER and MARSHA WEBER’s house to discuss LEONARD WEBER’s conduct. At no

point did XXXX enter LEONARD WEBER and MARSHA WEBER’s house, instead remaining outside on the porch. A civil conversation

discussing LEONARD WEBER’s conduct ensued momentarily between XXXX and MARSHA WEBER and then quickly escalated to mutual yelling when LEONARD WEBER appeared at the door. XXXX

instructed LEONARD WEBER to refrain from yelling at XXXX’s two young children and LEONARD WEBER challenged XXXX to fight about it right then and there. XXXX declined the invitation to fight

and, fearing that the situation was spiraling out of control, retreated and began walking back to his house. As XXXX

retreated, LEONARD WEBER lunged at XXXX and MARSHA WEBER grabbed LEONARD WEBER’s arm attempting to restrain LEONARD WEBER from going out the front door after XXXX. LEONARD WEBER broke free

from MARSHA WEBER’s grip, and followed XXXX at an extremely close distance, yelling at XXXX, spitting on XXXX, and

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continuously bumping into XXXX’s back with his chest attempting to provoke a reaction. XXXX continued his retreat, walking away

from LEONARD WEBER while repeatedly responding, “Stay away from my kids!” Once XXXX and LEONARD WEBER reached the sidewalk,

MARSHA WEBER caught up with LEONARD WEBER and again tried to restrain him by grabbing his arm. LEONARD WEBER again broke

free from MASHA WEBER’s grip and followed XXXX approximately 8 feet into XXXX’s driveway while spitting on XXXX and yelling obscenities. LEONARD WEBER then grabbed XXXX’s arm and spun XXXX broke

XXXX around to prevent XXXX from retreating further.

free from LEONARD WEBER’s grip, threw his hands up in the air and yelled, “Get back off my property!” LEONARD WEBER

continued screaming obscenities and continued spitting upon XXXX. again. LEONARD WEBER then made a move to strike or grab XXXX XXXX, fearing for his safety and the safety of his wife

directly behind him, instinctively raised his arms to protect himself and extended them to gain separation from LEONARD WEBER. LEONARD WEBER then stepped backward, regained his balance, and then intentionally fell down on his buttocks and rolled back, thus striking his head. Instantly, LEONARD WEBER sat up and You screwed up now! I’m going

declared, “I’m going to sue you!

to take you for everything you’ve got.” the Police and requested an ambulance. ! 9.!

XXXX immediately called

On May 6th, 2010, two days after the May 4th incident,

LEONARD WEBER and MARSHA WEBER again trespassed on XXXX’s property and taunted XXXX after being instructed several times to not trespass on XXXX’s property. Video of LEONARD WEBER and

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MARSHA WEBER’s conduct was captured by XXXX’s home security cameras. ! 10.! On or about May 6, 2010, MARSHA WEBER wrote a letter

to fellow neighbor XXXX blaming her for the incident of May 4, 2010, and threatened her with legal action. ! 11.! On May 11, 2010, XXXX purchased a video camera to

monitor the fence from where LEONARD WEBER screamed at and cursed at XXXX’s young children. ! 12.! On May 19, 2010, MARSHA WEBER began pounding on XXXX’s

fence with a pipe while yelling XXXX’s name for no apparent reason. XXXX did not respond to MARSHA WEBER’s antics. Video

of MARSHA WEBER’s conduct was captured by XXXX’s home security cameras. ! 13.! On or about June 15, 2010, XXXX and fellow neighbor MARSHA WEBER drove by and,

XXXX were on the sidewalk talking.

for no apparent reason, stopped her car, rolled down her window, and began cursing and screaming disparaging remarks at XXXX. XXXX did not respond to the verbal assault. MARSHA WEBER then

drove forward, parked in her driveway, walked back into the street and continued screaming disparaging remarks at XXXX. Again, XXXX did not respond to MARSHA WEBER’s insults and threats. ! 14.! On June 23, 2010, MARSHA WEBER again began pounding on

XXXX’s fence with a pipe for no apparent reason. XXXX did not respond to MARSHA WEBER’s provocation attempt. Video of MARSHA

WEBER’s conduct was captured by XXXX’s home security cameras. ! 15.! On June 24, 2010, MARSHA WEBER vandalized XXXX’s home

by intentionally training a garden hose into XXXX’s open bedroom

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window, affixing said hose to XXXX’s fence, turning the water on full, and walking away, thus causing substantial water damage to XXXX’s guest bedroom. Video of MARSHA WEBER’s conduct was

captured by XXXX’s home security cameras. ! 16.! On or about July 15, 2010, LEONARD WEBER again

assaulted XXXX and fellow neighbor XXXX. northbound on a sidewalk with ROB THOMAS.

XXXX was walking LEONARD WEBER was LEONARD

walking southbound on the opposite side of the street.

WEBER noticed XXXX when the parties were approximately 50 yards apart. While glaring at XXXX, LEONARD WEBER immediately crossed When

the street to be on the same side of the street as XXXX.

LEONARD WEBER was approximately 20 yards away from XXXX and XXXX, LEONARD WEBER puffed out his chest, began making a growling noise, and increased his pace thus charging toward XXXX and XXXX. In order to avoid a collision, XXXX and XXXX

retreated and stepped off the sidewalk and into the street. XXXX did not respond to LEONARD WEBER’s provocation attempt. ! 17.! On August 8, 2010, LEONARD WEBER stood against XXXX’s

fence cursing at and taunting XXXX for approximately 10 minutes without cause while XXXX was working. LEONARD WEBER’s provocation attempt. XXXX did not respond to Video of LEONARD WEBER’s

conduct was captured by XXXX’s cell phone. ! 18.! On September 17, 2010, XXXX obtained a Judgment

against MARSHA WEBER for the damage she intentionally caused by vandalizing XXXX’s home as documented in Superior Court of California, County of Ventura Case #56-2010-00377140-SC-SC-VTA. ! 19.! On October 21, 2010, fearing for his safety and the

safety of his family, XXXX obtained a Civil Harassment

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Restraining Order against LEONARD WEBER as documented in Superior Court of California, County of Ventura Case #56-2010-00383531-CU-HR-VTA. ! 20.! On October 21, 2010, fearing for his safety and the

safety of his family, XXXX obtained a Civil Harassment Restraining Order against MARSHA WEBER as documented in Superior Court of California, County of Ventura Case #56-2010-00383521CU-HR-VTA. ! 21.! On December 17, 2010, LEONARD WEBER filed a false

Police report alleging that XXXX had committed various crimes. After thoroughly investigating the allegations, the investigating Police Officer found that XXXX had committed no crimes and was in full compliance with the law. The

investigating Officer also found that LEONARD WEBER and MARSHA WEBER were intentionally instigating confrontations to which XXXX did not respond. specifically states: ! ! ! ! ! “It appears that Leonard and Marsha Weber are going to the extremes as far as parking in front of the XXXX’s house and moving his trashcans. It appears that they are almost Both Leonard The investigating Officer’s report

instigating the problems and making it worse.

and Marsha were advised not to cause anymore problems.”

In addition, LEONARD WEBER and MARSHA WEBER admitted to the investigating Officer that they continue to trespass upon XXXX’s property and continue to push items over the fence and onto XXXX’s property as documented in Ventura Police Department Incident Report #10-16022. This conduct was a willful violation

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of the Restraining Orders that XXXX has against both LEONARD WEBER and MARSHA WEBER. ! 22.! Prior to December 17, 2010, LEONARD WEBER and MARSHA

WEBER filed another false Police report alleging that music was emanating from XXXX’s property at an unreasonable level in the middle of the day. When the Police arrived, they determined the

music volume to be reasonable and warned LEONARD WEBER and MARSHA WEBER, “The next time you call us and it’s a false alarm, it’s $500.” ! 23.! On March 12, 2011, while XXXX was on the sidewalk

talking with a group of neighbors, MARSHA WEBER drove by, swerved to the wrong side of the street so as to be closer to XXXX, slowed down her car and rolled down her window, displayed the middle finger at XXXX, and yelled, "Fuck you, you fucking bastard lawyer.” This conduct was a willful violation of the Several

Restraining Order that XXXX has against MARSHA WEBER.

neighbors witnessed the incident as documented in Ventura Police Department Incident Report #11-2782. ! 24.! On March 13, 2011, MARSHA WEBER painted a sign on her

broom that read “LOATHESOME” and began pounding on XXXX’s fence, yelling obscenities at XXXX and waiving her sign above the fence toward XXXX’s breakfast nook. After 10 minutes of waving,

pounding, and yelling, MARSHA WEBER fastened her “LOATHESOME” sign to XXXX’s fence, facing XXXX’s home, and left it there. This conduct was a willful violation of the Restraining Order that XXXX has against MARSHA WEBER. Still images of MARSHA

WEBER’s conduct were captured by XXXX using a digital camera. MARSHA WEBER admitted to VPD Officer Alexander that she had in

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fact been waiving the sign at issue and yelling obscenities at XXXX over XXXX’s fence as documented in Ventura Police Department Incident Report #11-2782. FIRST CAUSE OF ACTION (Trespass against LEONARD WEBER and MARSHA WEBER) ! 25.! XXXX hereby realleges and incorporates paragraphs 1

through 24 hereof as though fully set forth. ! 26.! At all times mentioned herein, XXXX resided at 1091

Dolphin Court, Ventura, California. ! 27.! Cross-Defendants LEONARD WEBER and MARSHA WEBER

intentionally entered XXXX’s property on multiple occasions. ! 28.! XXXX did not give Cross-Defendants LEONARD WEBER or In fact, XXXX

MARSHA WEBER permission to enter XXXX’s property.

expressly instructed Cross-Defendants LEONARD WEBER and MARSHA WEBER to never enter on to his property on multiple occasions. ! 29.! XXXX was harmed by Cross-Defendants LEONARD WEBER and

MARSHA WEBER’s trespass. ! 30.! Cross-Defendants LEONARD WEBER and MARSHA WEBER’s

conduct was a substantial factor in causing XXXX’s harm. ! 31.! Cross-Defendants LEONARD WEBER and MARSHA WEBER’s

conduct as alleged herein was malicious, oppressive, and despicable conduct so as to justify an award of punitive damages. SECOND CAUSE OF ACTION (Assault against LEONARD WEBER) ! 32.! XXXX hereby realleges and incorporates paragraphs 1

through 31 hereof as though fully set forth.

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!

33.! Cross-Defendant LEONARD WEBER threatened to touch XXXX

in a harmful or offensive manner. ! 34.! Cross-Defendant LEONARD WEBER also acted, intending to

cause a harmful or offensive contact. ! 35.! XXXX reasonably believed that he was about to be

touched in a harmful or offensive manner. ! 36.! It reasonably appeared to XXXX that Cross-Defendant

LEONARD WEBER was about to carry out the threat. ! 37.! XXXX did not consent to Cross-Defendant LEONARD

WEBER’s conduct. ! ! 38.! XXXX was harmed. 39.! Cross-Defendant LEONARD WEBER’s conduct was a

substantial factor in causing XXXX’s harm. ! 40.! Cross-Defendant LEONARD WEBER’s conduct as alleged

herein was malicious, oppressive, and despicable conduct so as to justify an award of punitive damages. THIRD CAUSE OF ACTION (Battery against LEONARD WEBER) ! 41.! XXXX hereby realleges and incorporates paragraphs 1

through 40 hereof as though fully set forth. ! 42.! Cross-Defendant LEONARD WEBER touched XXXX with the

intent to harm or offend him. ! ! 43.! XXXX did not consent to the touching. 44.! XXXX was harmed by Cross-Defendant LEONARD WEBER’s

conduct. ! 45.! A reasonable person in XXXX’s situation would have

been offended by the touching.

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!

46.! Cross-Defendant LEONARD WEBER’s conduct as alleged

herein was malicious, oppressive, and despicable conduct so as to justify an award of punitive damages. FOURTH CAUSE OF ACTION (False Imprisonment against LEONARD WEBER and MARSHA WEBER) ! 47.! XXXX hereby realleges and incorporates paragraphs 1

through 46 hereof as though fully set forth. ! 48.! Cross-Defendants LEONARD WEBER and MARSHA WEBER

intentionally deprived XXXX of his freedom of movement by use of force, threats of force, menace, fraud, deceit, and unreasonable duress. ! 49.! XXXX did not consent to Cross-Defendants LEONARD WEBER

and MARSHA WEBER’s conduct. ! 50.! XXXX was harmed by Cross-Defendants LEONARD WEBER and

MARSHA WEBER’s conduct. ! 51.! Cross-Defendants LEONARD WEBER and MARSHA WEBER’s

conduct as alleged herein was a substantial factor in causing XXXX’s harm. ! 52.! Cross-Defendants LEONARD WEBER and MARSHA WEBER’s

conduct as alleged herein was malicious, oppressive, and despicable conduct so as to justify an award of punitive damages. FIFTH CAUSE OF ACTION (Intentional Infliction of Emotional Distress against LEONARD WEBER and MARSHA WEBER) ! 53.! XXXX hereby realleges and incorporates paragraphs 1

through 52 hereof as though fully set forth.

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!

54.! Cross-Defendants LEONARD WEBER and MARSHA WEBER’s

conduct as alleged herein was extreme and outrageous and exceeds the bounds of what is generally tolerated in a civilized society. ! 55.! Cross-Defendants LEONARD WEBER and MARSHA WEBER

intended to cause XXXX severe emotional distress. ! ! 56.! XXXX suffered severe emotional distress. 57.! Cross-Defendants LEONARD WEBER and MARSHA WEBER’s

conduct as alleged herein was a substantial factor in causing XXXX’s severe emotional distress. ! 58.! Cross-Defendants LEONARD WEBER and MARSHA WEBER’s

conduct as alleged herein was malicious, oppressive, and despicable conduct so as to justify an award of punitive damages. SIXTH CAUSE OF ACTION (Nuisance against LEONARD WEBER and MARSHA WEBER) ! 59.! XXXX hereby realleges and incorporates paragraphs 1

through 58 hereof as though fully set forth. ! 60.! At all times mentioned herein, XXXX resided at 1091

Dolphin Court, Ventura, California. ! 61.! Cross-Defendants LEONARD WEBER and MARSHA WEBER

created conditions that were harmful to XXXX’s health, were indecent and offensive to the senses, and were an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life and property. ! 62.! The conditions created by Cross-Defendants LEONARD

WEBER and MARSHA WEBER interfered with XXXX’s use and enjoyment of his land.

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!

63.! XXXX did not consent to Cross-Defendants LEONARD WEBER

and MARSHA WEBER’s conduct. ! 64.! An ordinary person would be reasonably annoyed and

disturbed by Cross-Defendants LEONARD WEBER and MARSHA WEBER’s conduct. ! ! 65.! XXXX was harmed. 66.! Cross-Defendants LEONARD WEBER and MARSHA WEBER’s

conduct was a substantial factor in causing XXXX’s harm. ! 67.! Cross-Defendants LEONARD WEBER and MARSHA WEBER’s

conduct as alleged herein was malicious, oppressive, and despicable conduct so as to justify an award of punitive damages. SEVENTH CAUSE OF ACTION (Negligence against LEONARD WEBER and MARSHA WEBER) ! 68.! XXXX hereby realleges and incorporates paragraphs 1

through 67 hereof as though fully set forth. ! 69.! Cross-Defendants LEONARD WEBER and MARSHA WEBER had a

legal duty to conform to a standard of conduct to protect XXXX from harm. ! 70.! Cross-Defendants LEONARD WEBER and MARSHA WEBER failed

to conform to the aforementioned standard of conduct. ! 71.! Cross-Defendants LEONARD WEBER and MARSHA WEBER’s

failure was the actual and proximate cause of XXXX’s damages. ! 72.! XXXX suffered damages.

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PRAYER FOR RELIEF WHEREFORE, XXXX requests relief as follows: ! ! ! ! ! ! ! 1.! 2.! 3.! 4.! 5.! 6.! 7.! For general damages according to proof; For special damages according to proof; For prejudgment interest at the prevailing rate; For punitive damages; For costs of suit; For attorney’s fees; and For such other relief the court deems appropriate.

Dated: May 3, 2012! !

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______________________________ XXXX In Pro Per

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VERIFICATION ! I, XXXX, am the Cross-Complainant in the above-entitled I have read the foregoing Cross-Complaint and know the The same is true of my own knowledge, except

action.

contents thereof.

as to those matters which are alleged therein on information and belief, and as to those matters, I believe them to be true. ! I declare under penalty of perjury that the foregoing is

true and correct and that this declaration was executed at Ventura, California.

Dated: May 3, 2012! !

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______________________________ XXXX In Pro Per

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