Facts

In 1999, Nathaniel Moore was driving to meet a friend when he got into a verbal altercation with a car-load of young men. As the men approached Moore, he grabbed a knife as a show of force, hoping the young men would leave him alone. However, the men continued to approach and tacked Moore. During the brawl, Moore stabbed one of his assailants, killing him. The Los Angeles District Attorney charged Moore with first degree murder and Moore pleaded guilty to voluntary manslaughter. Moore was sentenced to twelve years in prison. During his incarceration, Moore regularly attended therapy sessions, where he disclosed the most intimate of details about his life. After he was released, Moore obtained a position as a bartender at the Abbey in Los Angeles. During one of his bartending shifts, Moore met Liz Rodriguez who was having drinks with friends. Liz Rodriguez was a San Diego County District Attorney and the daughter of former Superior Court Judge and the then Assistant District Attorney, Jesse Rodriguez. Liz Rodriguez and Moore became exclusive in May 2014. In September 2016, the couple learned that they were pregnant. Six months into the pregnancy, Moore lost his job at the Abbey. Thereafter, Moore filed for unemployment and identified the reason for his leaving as termination. In April 2017, the couple began living together in their Carlsbad home. Later that month, the Employment Development Department denied Moore benefits, claiming that Moore had been terminated for cause. Moore appealed and lost. In May 2017, Liz Rodriguez gave birth to their son, G.M., and the couple later moved in with Liz Rodriguez's parents in Chula Vista. After a tumultuous fall and winter, Moore decided to move out of the Rodriguez's home and filed for joint custody of their son. Liz Rodriguez and Moore agreed to joint custody and attended court-set mediations.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant Jesse Rodriguez "brandished, abused, and misused his immense power and influence for personal gain." Specifically, plaintiff alleged that defendant Jesse Rodriguez attempted to forcibly remove plaintiff's parental rights. Plaintiff claimed that defendant Jesse Rodriguez used his official position to illegally obtain plaintiff's personal and confidential psychiatric records from Richard J. Donovan State Prison, records which were then used by defendant Liz Rodriguez during court mandated custody proceedings in a failed attempt to prove that plaintiff was an unfit parent. Plaintiff claimed that defendant Liz Rodriguez's claim that she had gotten the records from a public records request was false and untrue; no PRA request had ever been issued; and even if one had been issued, these private and confidential records would not have been subject to production. Plaintiff alleged that these records were accessed just before the custody mediation was set to begin; the records were accessed by a prison employee, at the behest of both defendants Liz and Jesse Rodriguez; the records were then used in an attempt to influence the mediator and the court in making custody decisions about G.M; the access and illegal copying constitute an abuse of the power of the San Diego District Attorney's Office; and these acts violated the rights of plaintiff guaranteed by the United States Constitution and the California State Constitution. Plaintiff contended that defendant Jesse Rodriguez used District Attorney Investigator Tony Gialarmo to obtain copies of plaintiff's application and testimony from plaintiff's claim for unemployment benefits in a failed attempt to have plaintiff charged with perjury. Plaintiff also alleged that defendant Jesse Rodriguez used his contacts at the Chula Vista Department and the California State Attorney's General's Office in a failed attempt to have plaintiff charged with domestic violence. Plaintiff asserted that defendant Jesse Rodriguez's acts were carried out without the knowledge, consent, or authorization of San Diego District Attorney Summer Stephan.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions. Defendants denied wrongfully obtaining the records. All plaintiff's prison records were obtained with subpoenas issued in the family court proceedings.

Result

The case settled for $125,000.

Other Information

The district court granted the County of San Diego's motion to dismiss. After the district court granted in part defendants' motion to dismiss and anti-SLAPP motion, the sole remaining issue was whether defendants wrongfully obtained plaintiff's prison records.