Richard Heltebrake v. City of Los Angeles; County of Riverside; City of Riverside; City of Irvine; James Reynolds; Karen Reynolds; R. Lee McDaniel; Daniel J. McGowan; Richards, Watson & Gershon, and Does 1 through 200, inclusive
Published: Jun. 15, 2013 | Result Date: May 10, 2013 | Filing Date: Jan. 1, 1900 |Case number: BC507269 Bench Decision – TRO Denied
Court
L.A. Superior Central
Attorneys
Plaintiff
Sivi G. Pederson
(Thomas Law Firm Inc.)
Defendant
Kirk M. Hallam
(Gorman & Miller ALC)
William W. Carter
(Musick, Peeler & Garrett LLP)
Facts
Richard Heltebrake, a camp ranger, called law enforcement after being carjacked in the Angeles Oaks area below Big Bear by wanted fugitive Christopher Dorner. The City of Los Angeles had announced a $1 million award for information that led to the capture of the fugitive. Heltebrake sought the reward for his telephone call to a San Bernardino County Deputy Sheriff reporting the then current whereabouts of Christopher Dorner. Other individuals were also seeking the reward.
Following Dorner's death, the City created an administrative process for deciding whom would receive the reward money. The City's procedure established a three-judge panel to make a recommendation to the City of Los Angeles and other public agencies, which also offered their own rewards. The panel determined that four individuals should share in the reward offered for Dorner's capture. Heltebrake was not among the recipients.
Heltebrake filed suit, seeking money damages, declaratory relief and a temporary restraining order to stop distribution of the reward.
Contentions
PLAINTIFF'S CONTENTIONS:
Heltebrake contends that until he made the telephone call, no one knew Dorner's actual whereabouts. Heltebrake further contends that his report to a deputy sheriff directly led to Dorner's apprehension and capture. The City of Los Angeles offered a $1 million reward and Heltebrake accepted the reward. However, the City unilaterally created an administrative process for deciding who would receive the reward money. Heltebrake did not agree to the one-sided process and is not bound by the tribunal's decision. The application for a temporary restraining order was to enjoin the City from paying out any money from a reward trust fund until Heltebrake's lawsuit is decided on the merits. The court did not rule on the merits of Heltebrake's lawsuit, but only on whether the court had the authority to enjoin the payout from a donor trust fund. The court felt that Heltebrake had an adequate remedy at law, i.e. breach of contract, and thus a restraining order was not appropriate.
DEFENDANT'S CONTENTIONS:
Defendants contended that the three-judge panel determined Heltebrake was not eligible for the reward because Dorner had already been apprehended by the time of Heltebrake's telephone call, and that plaintiff did not present evidence warranting overturning the decision of the three-judge panel or for the issuance of a temporary restraining order.
Damages
Heltebrake sought $1 million as well as special damages.
Result
The court declined Heltebrake's request.
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