Case: Freeman v. Riverside County

RIC2001772 | California state trial court

Filed Date: June 1, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about whether the parents of children who interact with the juvenile justice system can be forced to pay the costs of those services in the absence of legal process. The plaintiffs in this case, parents and grandparents of children who were involved in the juvenile justice system in Riverside County, California, alleged that they were ordered to pay “juvenile administrative fees” to cover the cost of their children’s interactions with the system, including the cost of juvenile dete…

This case is about whether the parents of children who interact with the juvenile justice system can be forced to pay the costs of those services in the absence of legal process. The plaintiffs in this case, parents and grandparents of children who were involved in the juvenile justice system in Riverside County, California, alleged that they were ordered to pay “juvenile administrative fees” to cover the cost of their children’s interactions with the system, including the cost of juvenile detention. They further alleged that the County and the Riverside County Superior Court imposed these fees without individualized consideration of the parents’ ability to pay, as required by Article I, Section 7, of the California Constitution, various California statutes, and the Due Process Clause of the Federal Constitution, and authorized private collections agencies to pursue families in an attempt to collect these fees. Finally, the plaintiffs claimed that the defendants continued to collect this money illegally after a new statute prohibiting the practice came into effect in 2018.

This putative class action lawsuit was filed in Riverside County Superior Court on June 1, 2020. The case was initially assigned to Judge Sharon J. Waters, but appears to have been transferred to Judge Sunshine Sykes later on in the litigation. The plaintiffs, represented by attorneys from the National Youth Center for Youth Law and the Western Center on Law & Poverty, asked the court to certify a class of parents or guardians who paid juvenile administrative fees at the behest of the defendants. The plaintiffs requested reimbursement of juvenile administration payments already made by class members, a writ of mandate ordering the defendants to return those payments, a court order preventing the defendants from collecting such fees in the future, and attorneys' fees.

In September 2020, the plaintiffs amended their complaint to include a Fourteenth Amendment Due Process claim under 42 U.S.C. § 1983. The next month, the defendants filed a motion to demurrer (motion to dismiss) and a motion to strike the plaintiffs’ class action allegations from the complaint. After a hearing in early January 2021, the court denied the defendants demurrer with respect to all but one of the plaintiffs’ allegations and denied the defendants motion to strike the class action allegations. It did grant the defendants demurrer as to the plaintiffs’ state law reimbursement claim without prejudice, allowing the defendants to modify their claim and refile the complaint. The plaintiffs did just that on January 25, 2021.

After several months of discovery and negotiations, the plaintiffs moved for the certification of their class in September of 2021. As of November 2021, that motion remains pending.

The case is ongoing.

Summary Authors

Jonah Hudson-Erdman (11/20/2021)

People


Attorney for Plaintiff

Adams, Crystal (District of Columbia)

Gladstone, Elizabeth H (California)

Harris, Michael (California)

Miller, Rebecca Carr (California)

Prieto, Alexander (California)

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Documents in the Clearinghouse

Document

RIC2001772

Verified Petition for Writ of Mandate and Taxpayer Complaint

June 1, 2020

June 1, 2020

Complaint

RIC2001772

Second Verified Supplemental and Amended Petition for Writ of Mandate; Complaint; and Taxpayer Complaint

Jan. 25, 2021

Jan. 25, 2021

Complaint

Resources

Docket

Last updated Jan. 26, 2024, 10:46 a.m.

ECF Number Description Date Link Date / Link
27034231

System Generated Notice re: NTC OF ASSIGNMENT TO DEPT AND CASE MANAGEMENT CONFERENCE.

June 1, 2020

June 1, 2020

27034228

Civil Case Cover Sheet filed.

June 1, 2020

June 1, 2020

27034229

Certificate of Counsel filed. The zip code is 92501.

June 1, 2020

June 1, 2020

27034230

Summons Issued on Complaint of FREEMAN and filed.

June 1, 2020

June 1, 2020

27034227

Petition for Writ of Mandamus (Mandate) filed. (Riverside)

June 1, 2020

June 1, 2020

Check #D3738113 Receipt No.: CV200623-0183-CK.1Paid: $450.00

June 18, 2020

June 18, 2020

Unlimited complaint or other first paper in unlimited civil case amount over $25,000 including UD over $25K, petition for writ of review, mandate, or prohibition; petition for a decree of change of name or gender (GC70611)Amount: $450.00, Paid: $450.00, Balance: $0.00

June 18, 2020

June 18, 2020

Check #D3738113 Receipt No.: CV200623-0200-CK.1Paid: $1,000.00

June 18, 2020

June 18, 2020

Additional fee for case designated as complex - Plaintiff (GC70616A)Amount: $1,000.00, Paid: $1,000.00, Balance: $0.00

June 18, 2020

June 18, 2020

27034232

Filed: PETITIONERS/PLAINTIFFS COMPLEX CASE MGMT STATEMENT

July 27, 2020

July 27, 2020

27034233

Filed: CONSENT TO ELECTRONIC SERVICE/NTC

July 28, 2020

July 28, 2020

27034235

Class Action Case Management Order #1; Honorable Assigned Judge Sharon J. Waters

July 29, 2020

July 29, 2020

27034241

System Generated Notice re: Clerk's Certificate of Mailing.

July 29, 2020

July 29, 2020

38110708

Legacy Minute Order: Case Management Conference Hearing - Complex Case.

July 31, 2020

July 31, 2020

Case Management Conference Hearing - Complex Case.Disposition: Continued - Not Held

July 31, 2020

July 31, 2020

27034239

Proof of Service by Electronic Service of Class Action Case Management Order #1 on See Service List with a service date of 08/10/20 filed. (non-complaint)

Aug. 10, 2020

Aug. 10, 2020

27034238

Notice and Acknowledgment of Receipt of Complaint of FREEMAN as to CHIEF PROBATION OFFICER RONALD L MILLER IN HIS with receipt date of 07/31/20

Aug. 10, 2020

Aug. 10, 2020

27034237

Notice and Acknowledgment of Receipt of Complaint of FREEMAN as to RIVERSIDE COUNTY PROBATION DEPARTMENT with receipt date of 07/31/20

Aug. 10, 2020

Aug. 10, 2020

27034236

Notice and Acknowledgment of Receipt of Complaint of FREEMAN as to RIVERSIDE COUNTY with receipt date of 07/31/20

Aug. 10, 2020

Aug. 10, 2020

27034240

Notice of Attorney Withdrawal by SHIRLEY FREEMAN, DANIEL FREEMAN, TIFFINE HANSBROUGH filed.

Sept. 4, 2020

Sept. 4, 2020

27034242

Petitioners'/plaintiffs' complex case management statement Filed.

Sept. 10, 2020

Sept. 10, 2020

Proposed Stipulation and Order re: to extend deadlines submitted by SHIRLEY FREEMAN.

Sept. 10, 2020

Sept. 10, 2020

27034241

System Generated Notice re: Clerk's Certificate of Mailing.

Sept. 11, 2020

Sept. 11, 2020

Check Bank Adjustment #5286 Receipt No.: CV200915-0003-FE.1Paid: $20.00

Sept. 15, 2020

Sept. 15, 2020

Continuance of Hearing or Case Management-Stipulation and Order-Service by Posting or PublicationAmount: $20.00, Paid: $20.00, Balance: $0.00

Sept. 15, 2020

Sept. 15, 2020

27034244

Stipulation and Order for Extend Deadlines is Granted; Honorable Assigned Judge Sharon J Waters.

Sept. 15, 2020

Sept. 15, 2020

38110708

Legacy Minute Order: Case Management Conference Hearing - Complex Case.

Sept. 15, 2020

Sept. 15, 2020

38097334

Legacy Minute Order: SHIRLEY FREEMAN, DANIEL FREEMAN, TIFFINE HANSBROUGH/NATIONAL CENTER FOR YOUTH LAW is ordered to appear and show cause, if any, why sanctions not to exceed $1500.00 or Dismissal should not be imposed for failure to file Proof of Service.

Sept. 15, 2020

Sept. 15, 2020

SHIRLEY FREEMAN, DANIEL FREEMAN, TIFFINE HANSBROUGH/NATIONAL CENTER FOR YOUTH LAW is ordered to appear and show cause, if any, why sanctions not to exceed $1500.00 or Dismissal should not be imposed for failure to file Proof of Service.Disposition: Vacated

Sept. 15, 2020

Sept. 15, 2020

Case Management Conference Hearing - Complex Case.Disposition: Continued - Not Held

Sept. 15, 2020

Sept. 15, 2020

27034245

1st Amended Complaint of FREEMAN Filed. (AMENDED COMPLAINT - SUPERIOR COURT)

Sept. 28, 2020

Sept. 28, 2020

27034247

Notice OF ACKNOWLEDGMENT OF RECEIPT by SHIRLEY FREEMAN filed.

Oct. 6, 2020

Oct. 6, 2020

27034246

Notice and Acknowledgment of Receipt of 1st Amended Complaint of FREEMAN as to CHIEF PROBATION OFFICER RONALD L MILLER IN HIS with receipt date of 09/29/20

Oct. 6, 2020

Oct. 6, 2020

38110708

Legacy Minute Order: Case Management Conference Hearing - Complex Case.

Oct. 22, 2020

Oct. 22, 2020

Case Management Conference Hearing - Complex Case.Disposition: Continued - Not Held

Oct. 22, 2020

Oct. 22, 2020

27034250

Request for Judicial Notice filed by COUNTY OF RIVERSIDE, RONALD L. MILLER.

Oct. 28, 2020

Oct. 28, 2020

27034249

Demurrer to 1st Amended Complaint of FREEMAN by COUNTY OF RIVERSIDE, RONALD L. MILLER represented by RIVERSIDE COUNTY COUNSEL OFFICE filed. (Over $25,000)

Oct. 28, 2020

Oct. 28, 2020

27034248

Motion to/for strike class allegations in plaintiffs' amended petition by COUNTY OF RIVERSIDE, RONALD L. MILLER filed

Oct. 28, 2020

Oct. 28, 2020

38626717

Case Management Statement

Nov. 6, 2020

Nov. 6, 2020

52592591

Certificate of Mailing

Nov. 13, 2020

Nov. 13, 2020

52592588

Minute Order: Court on its Own Motion

Nov. 13, 2020

Nov. 13, 2020

Court on its Own MotionDisposition: Completed

Nov. 13, 2020

Nov. 13, 2020

44352363

Minute Order: Case Management Conference Hearing - Complex Case.

Nov. 16, 2020

Nov. 16, 2020

Case Management Conference Hearing - Complex Case.Disposition: Vacated

Nov. 16, 2020

Nov. 16, 2020

40098920

Opposition to Motion to Strike Class Allegations in Amended Petition for Writ of Mandate Complaint, and Taxpayer Complaint

Dec. 18, 2020

Dec. 18, 2020

40098940

Opposition to Demurrer

Dec. 18, 2020

Dec. 18, 2020

42638376

Joint Complex Case Management Statement

Dec. 29, 2020

Dec. 29, 2020

40185943

Reply in support of demurrer to plaintiffs' amended petition

Dec. 29, 2020

Dec. 29, 2020

40186025

Reply in support of motion to strike class allegations in pltfs' amended petition

Dec. 29, 2020

Dec. 29, 2020

44352363

Minute Order: Case Management Conference Hearing - Complex Case.

Jan. 6, 2021

Jan. 6, 2021

40341694

Minute Order: Hearing re: Motion to/for strike class allegations in plaintiffs' amended petition by COUNTY OF RIVERSIDE, RONALD L. MILLER

Jan. 6, 2021

Jan. 6, 2021

40341712

Minute Order: Hearing re: Demurrer to 1st Amended Complaint of FREEMAN by RONALD L. MILLER, COUNTY OF RIVERSIDE

Jan. 6, 2021

Jan. 6, 2021

Hearing Reserved for Demurrer on PETITION FOR WRIT OF MANDAMUS(MANDATE).Disposition: Reserved

Jan. 6, 2021

Jan. 6, 2021

Hearing Reserved for: MOTION TO STRIKE PETITION FOR WRIT OF MANDAMUSDisposition: Reserved

Jan. 6, 2021

Jan. 6, 2021

Hearing re: Motion to/for strike class allegations in plaintiffs' amended petition by COUNTY OF RIVERSIDE, RONALD L. MILLERDisposition: Held - Demurrer/Motion to Strike hearing

Jan. 6, 2021

Jan. 6, 2021

Hearing re: Demurrer to 1st Amended Complaint of FREEMAN by RONALD L. MILLER, COUNTY OF RIVERSIDEDisposition: Held - Demurrer/Motion to Strike hearing

Jan. 6, 2021

Jan. 6, 2021

Case Management Conference Hearing - Complex Case.Disposition: Continued Not Held - Court's Motion

Jan. 6, 2021

Jan. 6, 2021

40632957

2nd Amended Complaint SHIRLEY FREEMAN

Jan. 25, 2021

Jan. 25, 2021

40695690

Notice and acknowledgment of receipt - Civil on 2nd Amended Complaint SHIRLEY FREEMAN

Feb. 1, 2021

Feb. 1, 2021

40695690

Notice and acknowledgment of receipt - Civil on 2nd Amended Complaint SHIRLEY FREEMAN

Feb. 1, 2021

Feb. 1, 2021

40695797

NOTICE AND ACKNOWLEDGMENT OF RECEIPT on 2nd Amended Complaint SHIRLEY FREEMAN

Feb. 1, 2021

Feb. 1, 2021

40821564

Answer to Complaint on 2nd Amended Complaint SHIRLEY FREEMAN

Feb. 26, 2021

Feb. 26, 2021

42638376

Joint Complex Case Management Statement

March 1, 2021

March 1, 2021

52592591

Certificate of Mailing

March 9, 2021

March 9, 2021

52592588

Minute Order: Court on its Own Motion

March 9, 2021

March 9, 2021

Court on its Own MotionDisposition: Completed

March 9, 2021

March 9, 2021

44352363

Minute Order: Case Management Conference Hearing - Complex Case.

March 10, 2021

March 10, 2021

Case Management Conference Hearing - Complex Case.Disposition: Vacated

March 10, 2021

March 10, 2021

41447521

Notice of Change of Address or Other Contact Information

April 9, 2021

April 9, 2021

42638376

Joint Complex Case Management Statement

April 28, 2021

April 28, 2021

54803570

Notice of Document Return.

May 5, 2021

May 5, 2021

52592591

Certificate of Mailing

May 7, 2021

May 7, 2021

52592588

Minute Order: Court on its Own Motion

May 7, 2021

May 7, 2021

Court on its Own MotionDisposition: Completed

May 7, 2021

May 7, 2021

44352363

Minute Order: Case Management Conference Hearing - Complex Case.

May 10, 2021

May 10, 2021

Case Management Conference Hearing - Complex Case.Disposition: Vacated

May 10, 2021

May 10, 2021

42638376

Joint Complex Case Management Statement

June 29, 2021

June 29, 2021

52592591

Certificate of Mailing

July 2, 2021

July 2, 2021

52592588

Minute Order: Court on its Own Motion

July 2, 2021

July 2, 2021

Court on its Own MotionDisposition: Completed

July 2, 2021

July 2, 2021

44352363

Minute Order: Case Management Conference Hearing - Complex Case.

July 7, 2021

July 7, 2021

Case Management Conference Hearing - Complex Case.Disposition: Vacated

July 7, 2021

July 7, 2021

42382521

Notice of Appearance

July 13, 2021

July 13, 2021

42638376

Joint Complex Case Management Statement

Aug. 23, 2021

Aug. 23, 2021

52592588

Minute Order: Court on its Own Motion

Aug. 31, 2021

Aug. 31, 2021

Court on its Own MotionDisposition: Completed

Aug. 31, 2021

Aug. 31, 2021

Case Management Conference Hearing - Complex Case.Disposition: Vacated

Sept. 1, 2021

Sept. 1, 2021

42944612

Notice of Motion and Motion for Class Certification on 2nd Amended Complaint SHIRLEY FREEMAN

Sept. 17, 2021

Sept. 17, 2021

42944616

Memorandum of Points & Authorities in support of Motion for Class Certification on 2nd Amended Complaint SHIRLEY FREEMAN

Sept. 17, 2021

Sept. 17, 2021

42944617

Joint stipulation of facts

Sept. 17, 2021

Sept. 17, 2021

42944618

Declaration of Rebecca Miller in support of Plaintiffs' Motion for Class Certification

Sept. 17, 2021

Sept. 17, 2021

42944619

Declaration of David Gutknecht, Chief Deputy of Administration, Superior Court, Riverside County

Sept. 17, 2021

Sept. 17, 2021

42944620

Declaration of Shirley Freeman in support of Plaintiffs' Motion for Class Certification

Sept. 17, 2021

Sept. 17, 2021

42944621

Proof of Service re: Notice of Motion and Motion for Class Certification and supporting documents on 2nd Amended Complaint SHIRLEY FREEMAN

Sept. 17, 2021

Sept. 17, 2021

42944622

Declaration of Daniel Freeman in support of Plaintiffs' Motion for Class Certification

Sept. 17, 2021

Sept. 17, 2021

42944623

Declaration of Michael Harris in support of Plaintiffs' Motion for Class Certification

Sept. 17, 2021

Sept. 17, 2021

EFiling Payment Receipt No.: EFM20210920-00452.1Paid: $60.00

Sept. 20, 2021

Sept. 20, 2021

Motion, application (including ex parte) or any other paper requiring a hearing subsequent to the first paper filing (70617A)Amount: $60.00, Paid: $60.00, Balance: $0.00

Sept. 20, 2021

Sept. 20, 2021

42944630

Notice of Hearing (eFiling) on Motion on 2nd Amended Complaint SHIRLEY FREEMAN

Sept. 20, 2021

Sept. 20, 2021

42947952

Notice of Hearing (eFiling) on Motion on 1st Amended Complaint of SHIRLEY FREEMAN

Sept. 20, 2021

Sept. 20, 2021

Case Details

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: June 1, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All parents or guardians who made involuntary and/or voluntary payments for 16 juvenile administrative fees purportedly assessed by Respondents.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Riverside County (Riverside, Riverside), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Courts

Fines/Fees/Bail/Bond

Juveniles

Parents (visitation, involvement)