CARLOS ESCAMILLA v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

Filed 6/29/06; pub. order 7/19/06 (see end of opn.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

APPEAL from an order of the Superior Court of Imperial County, Raymond A. Cota, Judge. Affirmed as modified.

Story continue from Part I………

Although CDC summarily argues Escamilla waived his assertion that his petition should, alternatively, be considered as a petition for writ of mandamus because he did not raise that assertion in the trial court, CDC does not cite any case or other authority showing we are precluded from deciding the question of whether Escamilla's petition can be treated as a petition for writ of mandamus. On the contrary, because the question of whether Escamilla's petition can or should be considered to be a petition for writ of mandamus is "an issue of law not turning on disputed facts" and involves an important question of public policy, we exercise our discretion to consider and decide that question even though Escamilla did not raise it below. (Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 6.) Furthermore, because Escamilla's petition sufficiently alleged facts that would support its consideration as a petition for writ of mandamus, we, like the court in Minsky, are not precluded on appeal from considering that pleading to be a petition for writ of mandamus. (Minsky, supra, 11 Cal.3d at pp. 123-124.) The label given a petition, action or other pleading is not determinative; rather, the true nature of a petition or cause of action is based on the facts alleged and remedy sought in that pleading. (Code Civ. Proc., § 425.10, subd. (a); Branciforte Heights, LLC v. City of Santa Cruz (2006) 138 Cal.App.4th 914, 931; Loehr v. Ventura County Community College Dist. (1983) 147 Cal.App.3d 1071, 1080-1082; Slater v. Blackwood (1975) 15 Cal.3d 791, 795-796.) Furthermore, a complaint's failure to expressly seek specific recovery of property does not preclude that theory of recovery if the facts alleged therein are sufficient to support a claim for specific recovery. (Minsky, at pp. 121-122; cf. MacIsaac v. Pozzo (1945) 26 Cal.2d 809, 815; Masero v. Bessolo (1927) 87 Cal.App. 262, 268; Von Schrader v. Milton (1929) 96 Cal.App. 192, 198.)

In this case, Escamilla's petition alleged that he had personal property on him when he was taken to the SHU on November 21, 2003. It further alleged that Valenzuela stated his canteen items would be placed in the trash. After his arrival at the SHU, his personal property was either lost or thrown away per Valenzuela's orders. On Escamilla's release on March 19, 2004, none of that personal property was returned to him. Therefore, Escamilla's petition alleged sufficient facts to support a petition for writ of mandamus against the prison warden and CDC for return of his personal property or the value thereof. (Minsky, supra, 11 Cal.3d at p. 123; Holt, supra, 20 Cal.3d at pp. 564, 565, fn. 5.)[1]

CDC apparently asserts the fact that Escamilla's personal property was thrown away, destroyed, or otherwise disposed of by its staff converts Escamilla's claim for specific recovery of his personal property or its value into a claim "for money or damages" that requires compliance with the Act's claims presentation requirements. However,

"[E]ven if the [property taken from an arrestee] is no longer traceable to any property presently in defendant's possession and thus is not strictly available for specific recovery, we believe that plaintiff's cause of action would not be foreclosed by the claims statutes." (Minsky, supra, 11 Cal.3d at pp. 121-122, fn. 17, italics added.)

Furthermore, Holt stated that "an arrestee who seeks in good faith to specifically recover property taken from him at the time of his arrest is exempt from the claim filing provisions of the Government Code, even though some or all of the property may have been dissipated and respondent may be compelled to respond in damages in lieu of property." (Holt, supra, 20 Cal.3d p. 565, fn. omitted.) It further stated that "Respondent may not convert his wrongful dissipation of the property into an advantage by using it to support an essentially dilatory defense based on failure to comply with the claims statutes." (Ibid.) Holt rejected an argument similar to the one made by CDC in this case, concluding that because "any property now missing is the result of respondent's own misconduct," the respondent "may not convert his wrongful dissipation of the property" into a defense of noncompliance with the Act's claims presentation requirements because now the claim purportedly is one only for money or damages. (Id. at p. 565, fn. 5; see also Long v. City of Los Angeles, supra, 68 Cal.App.4th at pp. 786-787.) CDC's wrongful dissipation of Escamilla's personal property does not convert his claim for specific recovery of his personal property (or the value thereof) into a claim "for money or damages" that requires compliance with the Act's claims presentation requirements.

Finally, although we have concluded Escamilla was not required to comply with the Act's claims presentation requirements before filing the instant petition, we nevertheless note that the purposes of the Act's claims presentation requirements were essentially satisfied in the circumstances of this case. As Minsky noted:

"The policy underlying [the Act's claims presentation requirements] is to afford prompt notice of claims to governmental entities. [Citations.] The courts and commentators have considered prompt notice important for several reasons: to allow (1) early investigation of the facts, (2) informed fiscal planning in light of prospective liabilities, (3) settlement of claims before the initiation of costly civil litigation, and (4) avoidance of similarly caused future injuries or liabilities. [Citations.] None of these reasons apply to the governmental entity owing an affirmative statutory duty to hold private property for eventual return to the lawful owner." (Minsky, supra, 11 Cal.3d at pp. 123-124.)

Escamilla filed three appeals (i.e., "first level," "second level," and "third level" appeals) in accordance with CDC's internal appeal requirements in an attempt to obtain the return of his personal property or the value thereof. CDC does not assert that any of those appeals were untimely. Accordingly, CDC was given prompt notice of Escamilla's claim prior to his filing of the instant petition, which gave it an opportunity to conduct an early investigation of his claim and attempt to settle that claim and avoid similarly caused future injuries or liabilities. We are not persuaded that the public policy purposes of the Act's claims presentation requirements were, in the circumstances of this case, substantially contravened or undermined by Escamilla's filing of the instant petition without first filing a claim under section 905.2. (Minsky, at pp. 123-124.)[2]

II

Substantial Evidence to Support the Trial Court's Findings

CDC contends the evidence is insufficient to support the trial court's findings. However, in so doing, CDC misconstrues or misapplies the applicable substantial evidence standard of review.

A

A judgment of a trial court "is presumed to be correct on appeal, and all intendments and presumptions are indulged in favor of its correctness. [Citations.]" (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133.) This is particularly true when the appellant "did not request a statement of decision or findings of fact. Under these circumstances, all intendments favor the ruling below [citation], and we must assume that the trial court made whatever findings are necessary to sustain the judgment. [Citation.]" (Michael U. v. Jamie B. (1985) 39 Cal.3d 787, 792-793, superseded by statute on another ground as noted in In re Zacharia D. (1993) 6 Cal.4th 435, 448.) Furthermore, "[t]he burden of demonstrating error rests on the appellant. [Citation.]" (Winograd v. American Broadcasting Co. (1998) 68 Cal.App.4th 624, 632.)

"When the trial court has resolved a disputed factual issue, the appellate courts review the ruling according to the substantial evidence rule. If the trial court's resolution of the factual issue is supported by substantial evidence, it must be affirmed." (Winograd v. American Broadcasting Co., supra, 68 Cal.App.4th at p. 632.) In applying the substantial evidence standard of review, " 'the power of an appellate court begins and ends with a determination as to whether there is any substantial evidence, contradicted or uncontradicted,' to support the findings below. [Citation.] We must therefore review the evidence in the light most favorable to the prevailing party, giving it the benefit of every reasonable inference and resolving all conflicts in its favor in accordance with the standard of review so long adhered to by this court." (Jessup Farms v. Baldwin (1983) 33 Cal.3d 639, 660.) "The substantial evidence standard applies to both express and implied findings of fact made by the superior court in its statement of decision rendered after a nonjury trial. [Citation.]" (SFPP v. Burlington Northern & Santa Fe Ry. Co. (2004) 121 Cal.App.4th 452, 462.) " 'Substantial evidence' is evidence of ponderable legal significance, evidence that is reasonable, credible and of solid value. [Citations.] 'Substantial evidence . . . is not synonymous with "any" evidence.' . . . [Citations.] The focus is on the quality, rather than the quantity, of the evidence." (Roddenberry v. Roddenberry (1996) 44 Cal.App.4th 634, 651.) "It is not our task to weigh conflicts and disputes in the evidence; that is the province of the trier of fact." (Howard v. Owens Corning (1999) 72 Cal.App.4th 621, 630.) Alternatively stated, we do not evaluate the credibility of the witnesses or otherwise reweigh the evidence. (Id. at p. 629.) Rather, "we defer to the trier of fact on issues of credibility. [Citation.]" (Lenk v. Total-Western, Inc. (2001) 89 Cal.App.4th 959, 968.)

B

We conclude there is substantial evidence to support the trial court's findings in support of its order. In granting Escamilla's petition and directing CDC to pay him $225, the trial court stated: "The Court is unpersuaded by CDC's return. This Court finds good cause to grant [Escamilla's petition for] writ of habeas corpus." Because the trial court's order does not state any specific findings of fact, we presume its order is correct, make all intendments in its favor, and assume it made whatever findings are necessary to sustain the order. (In re Marriage of Arceneaux, supra, 51 Cal.3d at p. 1133; Michael U. v. Jamie B., supra, 39 Cal.3d at pp. 792-793.)

In Escamilla's verification of his petition, he declared under penalty of perjury that the petition and its contents were true of his own knowledge. The petition asserted that at 9:21 a.m. on November 21, 2003, Escamilla, a prison inmate, purchased $70 worth of items at the prison's canteen that were then placed in canteen bags. A receipt showing the items purchased and amounts paid was attached to Escamilla's petition. Escamilla carried his bags out of the canteen and sat outside of the exercise yard, waiting for an order to return to his assigned cell. He was wearing a pair of Levis jeans, a pair of Reebok tennis shoes, a Nike sweatshirt, and a Seiko wristwatch.

Shortly after 10:00 a.m., a prison riot began in the exercise yard between certain inmates and prison guards. After the riot ended, Escamilla was escorted from the exercise yard by a guard (apparently Nava), who helped Escamilla carry his canteen bags, and was placed in the SHU pending an internal investigation. Valenzuela stopped Escamilla en route to the SHU and told him he was going to the "hole." Escamilla requested that Valenzuela have his canteen items placed together with the rest of his personal property. Valenzuela replied: " 'No! That goes to the trash!' " On his arrival at the SHU, in view of the SHU's staff who were under Valenzuela's supervision, Escamilla placed his personal property (i.e., Levis jeans, Reebok shoes, Nike sweatshirt, and Seiko wristwatch) inside his canteen bags together with his canteen items to protect his property from being thrown away in the trash.

Two days later (on November 23), Escamilla signed an inmate property inventory form (CDC 1083) that, on its face, appeared to itemize personal property taken from cell A3-211L (apparently Escamilla's regular cell) after he had been placed in the SHU.[3]

On March 19, 2004, Escamilla was released from the SHU, but the clothing, watch, and canteen items that he possessed on his person on his November 21, 2003 arrival at the SHU were not returned to him. Apparently on that date, a notation was added to the November 23, 2003 inventory form that "[inmate] claims to be missing approx. $80.00 of canteen items he had just received. Claims he still had canteen item[s] on the yard."

Despite Escamilla's three subsequent internal appeals for recovery of his personal property or the payment of the value thereof, CDC did not either return those items to Escamilla or pay him the value thereof. He thereafter filed the instant petition, which we concluded was effectively a petition for writ of mandamus seeking recovery of his personal property or its value.

Based on the evidence presented in Escamilla's petition, we presume the trial court implicitly found that on Escamilla's arrival at the SHU on November 21, 2003, he was wearing a pair of Levis jeans, a pair of Reebok shoes, a Nike sweatshirt, and a Seiko wristwatch and was carrying (with Nava's assistance) canteen bags containing items he recently purchased for $70. Furthermore, we presume the trial court implicitly found that on Escamilla's arrival at the SHU, its staff (under Valenzuela's supervision) took all of that personal property from Escamilla before placing him in the SHU cell. We further presume the trial court implicitly found that on Escamilla's release on March 19, 2004, that personal property was not returned to him, but rather had been wrongfully dissipated by CDC. Finally, we presume the trial court implicitly found CDC effectively acted as a bailee when it took Escamilla's personal property and, by not returning it on his release from the SHU, breached a duty it owed to him. We conclude the petition and its attached documents provide substantial evidence to support those implied findings made by the trial court.

CDC argues the documentary evidence attached to Escamilla's petition conclusively disproves his factual assertions. We are not persuaded by this argument. First, CDC notes the November 23, 2003 property inventory form (CDC 1083) reflects Escamilla's admission that "[t]he above listed items constitute all my personal property." CDC argues that the form's omission of a pair of Levis jeans, a pair of Reebok shoes, a Nike sweatshirt, and a Seiko wristwatch necessarily shows either that Escamilla did not have those items on his person on his arrival at the SHU or that those items were already included in items listed on the form. Although that may be one possible inference from the form, we conclude the trial court could, and did, reasonably infer the inventory form did not list any of personal property taken from Escamilla on his November 21, 2003 arrival at the SHU. On its face, that form appears to itemize only personal property taken from cell A3-211L (apparently Escamilla's regular cell) on November 23, two days after he had been placed in the SHU. Therefore, the trial court could reasonably infer the November 23 property inventory form did not include items of personal property Escamilla had on his person on his November 21 arrival at the SHU. Therefore, the failure of the November 23 form to list certain items of personal property (Seiko wristwatch, Reebok shoes, etc.) does not conclusively prove Escamilla did not have those items on his person when he arrived at the SHU on November 21.

Furthermore, we conclude the trial court could, and did, reasonably infer Escamilla's March 19, 2004 acknowledgement on the November 23, 2003 form that he had received all of its listed items did not prove he did not have any personal property on him on his arrival at the SHU on November 21, 2003. On his March 19, 2004 release from the SHU, Escamilla apparently acknowledged on that form that he received all of the listed personal property (or noted any discrepancies). CDC argues that because the only notation of a discrepancy was Escamilla's claim of $80 in missing canteen items he possessed on his arrival at the SHU, the omission of any notation that he did not receive a pair of Levis jeans, a pair of Reebok shoes, a Nike sweatshirt, and a Seiko wristwatch necessarily shows he did not have those items on his person on his arrival at the SHU or, alternatively, those items were already included in items listed on the inventory form. Although that may be one possible inference from the form, the trial court could, and did, reasonably infer the inventory form did not list any of personal property taken from Escamilla on his November 21, 2003 arrival at the SHU. We further conclude the trial court could, and did, reasonably infer the notation's omission of other personal property that was missing (Seiko wristwatch, Reebok shoes, etc.) was either an unintentional oversight or merely reflective of the fact that the form listed only property taken from Escamilla's regular cell (i.e., A3-211L). Finally, we conclude the trial court could, and did, reasonably infer the November 23, 2003 inventory form's listing of three pairs of Levis and one gray sweatshirt did not reflect or describe items of personal property taken from Escamilla's person on his November 21 arrival at the SHU, but rather were clothing items later found and taken from his regular cell on November 23. To the extent CDC argues the trial court should have made contrary inferences and findings from the evidence, it misconstrues or misapplies the substantial evidence standard of review. Based on our review of the entire record, we conclude there is substantial evidence to support the trial court's findings.

DISPOSITION

The order is modified to provide that it grants Escamilla's petition for writ of mandamus, rather than petition for writ of habeas corpus. As modified, the order is affirmed. Escamilla is entitled to costs on appeal.

McDONALD, Acting P. J.

WE CONCUR:

McINTYRE, J.

O'ROURKE, J.

Filed 7/19/06

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE COURT:

The opinion filed June 29, 2006, is ordered certified for publication.

The attorneys of record are:

Carl Fabian, under appointment by the Court of Appeal, for Plaintiff and Respondent.

Bill Lockyer, Attorney General, James M. Humes, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Heather L. Bushman and Lora Fox Martin, Deputy Attorneys General, for Defendant and Appellant.

McDONALD, Acting P. J.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE COURT:

The opinion filed June 29, 2006, is ordered certified for publication.

The attorneys of record are:

Carl Fabian, under appointment by the Court of Appeal, for Plaintiff and Respondent.

Bill Lockyer, Attorney General, James M. Humes, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Heather L. Bushman and Lora Fox Martin, Deputy Attorneys General, for Defendant and Appellant.

McDONALD, Acting P. J.

Copies to: All parties

Publication Courtesy of San Diego County Legal Resource Directory.

Analysis and review provided by El Cajon Real Estate Attorney.

[1] CDC asserts that since the trial court's order granting Escamilla's petition was issued, it has paid him $225 to satisfy that order. Based on that postorder action, CDC argues a writ of mandamus cannot now be issued because there is no action remaining for CDC to take to remedy its wrongful withholding of Escamilla's personal property. However, the record on appeal does not contain any evidence showing CDC has satisfied the trial court's order, nor has CDC sought to augment the record with, or requested judicial notice of, any postorder documents or other evidence. Therefore, we do not address CDC's assertion that a writ of mandamus cannot be issued. In any event, our opinion interprets the trial court's order as effectively granting Escamilla's petition for writ of mandamus, rather than a writ of habeas corpus. Therefore, because at the time of the trial court's order CDC presumably had not paid Escamilla's claim, there remained an action that the trial court could direct CDC to take by writ of mandamus (i.e., payment of $225 to Escamilla). We further note that although CDC argues it has paid that amount to Escamilla since the issuance of the trial court's order, neither party has moved for dismissal of the appeal based on mootness and we decline to dismiss the appeal on our own motion as the issues appear to involve a matter of continuing public importance that is likely to recur between CDC and Escamilla and/or other inmates. (Torres v. Parkhouse Tire Service, Inc. (2001) 26 Cal.4th 995, 1001; In re William M. (1970) 3 Cal.3d 16, 23.)

[2] Because we dispose of the issue of compliance with the Act's claims presentation requirements on the grounds discussed ante, we need not, and do not, address Escamilla's assertion that his compliance with CDC's internal appeal procedures was an alternative or independent method of complying with the Act's claims presentation requirements.

[3] As noted ante, during his four-month placement in the SHU, Escamilla's SHU unit apparently was A5-141L.