February 24, 2015 - Comments Off on Suing in Civil Court

Suing in Civil Court

Not a recommended experience due to having to see the person you're suing. I did feel rushed at the end due to the court running out of time. But overall the court staff and judge were pleasant, accommodating, and generally seem to understand that it's a difficult situation for everyone.

Oh, and you get to dress up in the monkey suit; always a treat in a town where a t-shirt and hoodie are considered business casual (thanks Zuck).

Jeff Bayer

Getting ready for court. I clean up ok. Still terrible at taking selfies.

First things first. Miss Zebrowski (the defendant) committed perjury in her officially declared statement requesting a postponement of the court date for nearly three months. I believe, intentionally dragging out the emotional and financial impact of her lies. Her statement (linked image - large file) is a lie. She was in fact present and available in San Francisco of various court times, despite her claim of full time school. The civil claims court is accommodating enough to provide times of 5:30 and 6:30 pm for just this type of circumstance. Making her statement a lie.

Then the court process got a bit weird because Polly (the defendant) showed up at court with the three guys that assaulted me and I had to ask the Sheriff Deputies to protect me from them. Which they did while there in the court house. I did call 911 as directed by LT. Luke Martin at SFPD Mission Station "If you see these guys again, call 911 and the police will come out and take them in to custody..." SFPD didn't even bother to show up. The Sheriff's department also refused to make the arrests.

I've jumped off perfectly good mountains with a parachute, but I've never felt an adrenaline kick like seeing the defendants "witnesses" for the first time since they jumped me almost 11 months ago. It instantly took me back to the terror I felt that night. I'm still shaking typing this at 2:30am.

 

I am suing for damages caused by being falsely arrested by Pauline Zebrowski. The judge wanted to hear from me first. I told the court what happened (which you can read the basics of here and here), presented evidence of damages, reminded the court that her allegations were discharged and no prosecution was pursued, etc.

 

Then it was Polly Zebrowski's turn to defend herself. She told a story of what she claims happened and had various witnesses come up and tell their stories. Among her preponderance of lies various things stood out to me. But to limit this post to something vaguely readable I'll just point out two.

First, she told the court she broke up with me because I have anger issues. But she neglected to mention that she broke up with me the first day that she saw the guy she'd been having a long distance relationship with (and lying to me about it) the entire time we dated. That is, the first day she saw him after he moved here to SF. So, yes, I was hurt, disappointed, and mad about the whole situation. Seriously, who wouldn't be after being lied to for months? But anger issues, no. We broke up (Oct. 15th, I think), we chatted about it for a few hours that night at her place and I left after some light hearted conversation. No big deal.

Pauline Zebrowski brought up another interesting point. Having seen each other on new years eve 2013 and new years day 2014 and that she claims that I was not invited and harassed her and her friends tagging along all night and then did so again at breakfast of champions the next day. *This is of course paraphrased, hopefully I can get a court recording/transcript soon to properly extol the ridiculous tale she wove for the judge.*

I say it's interesting because it's completely a lie. And I have time-stamped text and photo proof (attached below, icloud ftw). First, Dan invited me to go out with them, I didn't really want to hang out with Polly around, but I put up with it for Dan. Polly buzzed me in to her house, she commented on my yellow hoodie, and as always we exchanged basic pleasantries. Dan, me, and polly and her friends left almost right away for a local bar, as they all seemed ready to go by the time I got there.

I left the bar shortly after midnight and went to the Armory party to hang out with some way cooler people (I went after midnight because the tickets were sold out and I could simply walk in after that). And then I went to a new friends place with a few people and did some naked hot-tubing, ate a gourmet breakfast cooked by our hosts, napped for an hour or so, and left for breakfast of champions. Dan mentioned the night before he might go so I was texting him to see if he was there yet (Dan, you didn't bring me sunglasses!). When we finally found each other we had a great time, painted each others faces with paint another friend at the event let me use. Polly asked me to paint her face, I declined, since I really didn't want to engage with her that much. But I gave her the face paint bottles to use. With which her and a female friend of hers (that was at the bar the night before, and visiting from out of town) painted each others faces. I'm, unfortunately, bad with remembering names (sorry random girl), but I shared a few drinks, a touch of MDMA, and some basic conversation with that girl. The last I saw of Polly and her friends that day was when she grabbed my shoulder and said bye. She also texted me that day at 12:14pm saying "Hiya Happy new year Again."

Text from Polly New Years Day and my response.

Text from Polly New Years Day and my response.

Dan and I continued to dance and flirt with new people. Like a cute girl that let me borrow her amazing fuzzy blue top hat for the insanely low price of a kiss. After a long day I went home to sleep and woke up to Dan's messages of a photo of us (Sent to me at Jan. 2nd at 11:44am and labeled by the imessage system as "San Francisco - SOMISSPO[LLY]" January 1, 2014 2:30pm. So I assume the photo was taken by her device and the name is what Dan has Polly labeled as in his phone) and "I had soo much fun bud. Thanks for being a good sport yesterday :)" 

Text proof of Pauline Zebrowskis perjury

Click to see full image - The conversation between Dan and I - New years eve 2013 to Jan. 2nd 2014.

While I told the general idea of what actually happened to the court I, unfortunately, didn't have copies of this to submit as evidence to the court. Ya'know, because I didn't realize Polly Zebrowski would blatantly lie under oath to the court and that I would have to set that record straight on what I thought were unrelated and inconsequential events.

Face paint and fun at breakfast of champions SF Mighty

Check out that face paint. Hey Dan Daniel, long time no see, hope you got your biz up and running.

 

 

Looking forward to a positive judgement. In theory that will be mailed out within 10 days.

Every person who causes any citizen of the United States to be subjected to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.  

- Section 42 U.S. Code § 1983 - Civil action for deprivation of rights. (Paraphrased to something that is vaguely intelligible) 

Or better stated: If you take away someones basic rights, like falsely having someone jailed, you are liable for damages.

 

Take aways:

  • TAKE NOTES. DAMMIT. This entire situation has been so drawn out and emotionally painful, and maybe from the fear induced adrenaline kick, that it didn't even occur to me to take notes when the defendant was talking.
  • Be prepared to share copies of anything you want to talk about or submit to the court as evidence. Have three sets of everything. One for you, one for the defendant, one for the court.
  • If you are suing someone that you had a personal relationship with, be prepared for them to bring up irrelevant things to try to get an emotional response from you.
  • Again try to take the emotion out of it. I was severely injured both physically and psychologically by being falsely arrested. So that's not so easy. Meditate before court.
  • Bring a snack (you can't eat in court, but I'm sure you could ask for a food/bathroom break). As the bulk of the adrenaline started to wear off for me I instantly felt hungry, probably lower blood sugar. But the hunger subsided within a few minutes.

Published by: Jeff in Blog

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