LAW OFFICES OF

GREGORY W. SMITH
9100 WILSHIRE BOULEVARD, SUITE 345E
BEVERLY HILLS, CALIFORNIA 90212
TELEPHONE (310) 777-7894 FACSIMILE (310) 777-7895

November 2, 2017

VIA MESSE JGER

City Clerk's )ffice
City of Los ngeles
200 North S iring Street, Room 395
Los Angeles California 90012

Re: Lillian Carranza v. City of Los Angeles, et al.

Our Client: Liliian Carranza

Dear Sir/Ma am:

Pleas e be advised that our office represents the above named client regarding the
above entiti 3d action. Please direct any and all written and/or oral communications
concerning this matter to our office.

Encic sed please find an original and (2) copies of our client's Government Claim for
Damages fc r immediate filing with your office. Please kindly file the original document
upon your n iceipt of same. Thereafter, please conform one of the enclosed extra copies
and return s ame to our office. A self-addressed stamped envelope is enclosed for your use
in returning he conformed copy of the requested document to this office.

If yo have any questions please contact the undersigned. We thank you in

advance for your cooperation and prompt attention to the above request.

Very truly yours,

Gregory W. Smith

GWSisif

Enclosure
1 GREGClRYW. SMITH (SBN 134385)
DIANA A/ANG WELLS (SBN 284215)
2 LEILA I . AL FAIZ (SBN 284315)
LAW O =FICES OF GREGORY W. SMITH
3 9100 \A ilshire Boulevard, Suite 345E
Beverly Hills, California 90212
4 Teieph( ne: (310) 777-7894 po
CSS V. J

Teleco ier: (310)777-7895

5 o O
Attorne /s for Claimant f ' r";

I
6 LlLLIAIi CARRANZA ro
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8 STATE OF CALIFORNIA .

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9 COUNTY OF LOS ANGELES

10 GOVERNMENT CLAIM

11
IN THE MATTER OF THE CLAIM OF
12 CLAIM VINT LILLIAN CARRANZA,

13 Claimant,
s. GOVERNMENT CLAIM FOR DAMAGES
14
PURSUANT TO CALIFORNIA
CITYC F LOS ANGELES, and DOES 1 GOVERNMENT CODE 905 and 910,
15 througl 100, inclusive, etseq.

16 Respondents.

17

18 =lease be advised that Claimant Lillian Carranza ("Claimant") hereby submits a

19 Governmental Claim pursuant to Government Code sections 905 and 910, et seq. and
20
other gjuthohties.
21
1. NAME AND ADDRESS OF CLAIMANT: Lillian Carranza. c/o Gregory W.
22
Smith, Esq.. Law Offices of Gregory W. Smith, 9100 Wilshire Boulevard. Suite 345E,
23
Beverli Hills, California 90212.
24

25
2. ADDRESS TO SEND ALL CLAIMS AND OTHER NOTICES: Gregory W.

26 Smith, Esq., Law Offices of Gregory W. Smith, 9100 Wilshire Boulevard, Suite 345E,
27 Beverly Hills, California 90212, Telephone: (310) 777-7894, Fax: (310) 777-7895.
28
3. TIMELINESS OF CLAIM: Claimant has timely filed a Government Claim
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GOV RNMENT CLAIM FOR DAMAGES PURSUANT TO CALIFORNIA GOVERNMENT CODE 905 and 910, et seq.
 1 within s < months of one of the acts of retaliation Claimant has suffered as a result of

2 complai ling of illegal practices in the Los Angeles Police Department.

3
THE DATE, PLACE AND OTHER CIRCUMSTANCES OF THE
OCCURRENCE OR TRANSACTIONS WHICH GIVE RISE TO THE
4
CLAIMS ASSERTED:
5
Aate: In or about May, 2017, and continuing to present.
6
I lace: Los Angeles Police Department, ICQ W First Street Los Angeles, OA,
7

90012.
8

9 acts: Claimant is an Area Captain employed by the City of Los Angeles as a

10 sworn deace officer in the Los Angeles Police Department (the "Department")
11
1 2014, Claimant conducted and audit of Foothill Area and found that violent crime
12
reports for 2014 were being under-reported. The Claimant first complained to Deputy
13
Chief J )rge Villegas and Commander Regina Scott. However, no action was taken.
14
Vfter Claimant was promoted to Area Captain in 2015, she did a personal audit of
15

16 Van Njys Division and found that violent crime reports for 2014 had been systematically
17 under-Jeported and presented as false statistics at COMPSTAT.
18 \ second complaint by the Claimant was made regarding the false 2014 and 2015
19
statistics to now Assistant Chief Jorge Villegas. Again, no action was taken.
20
laimant also complained to Commander Regina Scott on multiple occasions
21
regard ng the audit results. However no action was taken. Commander Scott ordered
22

23
Claimant to stand down

24 Claimant became concerned that other Divisions in the Los Angeles Police

25 Deparinent were also intentionally under-reporting violent crime, so she accessed the
26 Crime ^nalysis Mapping System (CAMS), which is open to trained users. CAMS serves
27
as the electronic storage of all crime reports and statistics. Claimant personally audited
28
the cri ne reports and statisticsfor 2016 aggravated assaults (assaults in which a weapon
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GOV RNMENT CLAIM FOR DAMAGES PURSUANT TO CALIFORNIA GOVERNMENT CODE 905 and 910, et seq.
 1 or threa was used) for Pacific Division (Commanding Officer Nicole Alberca, Bureau

2 Comma ider Jon Peters) and Central Division (Commanding Officer Howard Leslie). After
3
examini ig each crime summary report. Claimant was shocked to find that the Los
4
Angele Police Department was under-reporting violent crime for 2016 by approximately
5
10%.
6
laimant disclosed to Deputy Chief Jon Peters that there was a great deal of
7

8 intenti o lal under-reporting of crime in Pacific Division, in particular as related to

9 aggravj ted assaults. Peters told Claimant, "We'll look into it." However, no action was

10 taken

11
1 2016, after none of her complaints were acted upon by her supervisors. Claimant
12
reporte the intentional under-reporting of violent crime to the Integrity Division of
13
COMP >TAT overseen by John Newman and Renee Redell. However, no action was
14

taken.
15

16 On or about October 2016, Claimant reported to and filed a written report with the

17 Inspecl 3r General's Office stating that crime statistics for 2016 were being intentionally

18
under- sported by multiple commanding officers and sanctioned by Command Staff,
19
ater. Claimant had a meeting with Deputy Chief Bob Green and disclosed to him
20
that no hing was being done to stop the false under-reporting of the 2015 and 2016 crime
21
statisti( s . Green replied by saying, "You have no proof of that." Claimant said she had
22

23
the dat 3 to back up her claim, but Green refused to look at it.

24 owards the end of 2016, John Newman's Integrity Division increased the number

25 of agg avated assaults for the year 2015 as a result of Claimant's complaints. However,
26
in an a tempt to fool the public and elected officials, the Department contrasted the
27
increa ed2015 numbers with the intentionally decreased under-reported 2016 numbers.
28

GOVI RNMENTCLAIM FOR DAMAGES PURSUANTTO CALIFORNIA GOVERNMENTCODE 905 and 910, et seq.
 1 which g^ve the false impression that violent crime decreased in 2016 compared to 2015.
2 This piebe of deception was done specifically to fool the public and elected officials as to
3
the true state of crime in the City of Los Angeles.
4
he Department then engaged in a highly complex and elaborate cover-up in an
5
attempt to hide the fact that command officers had been providing false crime figures to
6
the pub ic attempting to convince the public that crime was not significantly increasing.
7

8 )n Christmas Day 2016, the Department promoted Captains Leslie and Alberca,

9 the two Captains accused of falsifying crime statistics by Claimant, to the rank of
10 Commander.
11
1 2017, Claimant audited Hollenbeck Division and Mission Division concerning
12
their 2(ll7 aggravated assault numbers. Claimant once again found an approximate 10%
13
discrep ancy proving that intentional under reporting of crime statistics was systemic
14

15
throughout the Department.
16 Vhen Claimant reported to Newman that the numbers for Hollenbeck were false,
17 Newmdn replied "You know we can't audit every single report." Later, Newman emailed
18
Claima it telling her that Commander Leslie would audit the Hollenbeck Division.
19
Claimaht was shocked at this because Leslie was in charge of Central Division during the
20
time Central's crime numbers were intentionally falsified. When Claimant objected that
21
Lesliei/as one of the Captains that had engaged in false crime reports, Newman said the
22

23 orders :ame directly from Assistant Chief Michel Moore.

24 \fter Claimant's disclosures. Claimant was told by Assistant Chief Moore, that she
25 should stop looking at the numbers of other divisions and she should just focus on her
26
own niimbers.
27
On or about September 2017, Claimant's Bureau Chief, Deputy Chief John
28

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GOVE RNMENT CLAIM FOR DAMAGES PURSUANT TO CALIFORNIA GOVERNMENT CODE 905 and 910, et seq.
 1 Sherma ^told Claimant that Claimant would not be promoted to Commander because she
2 did not ave executive level communication skills. Sherman said "If you want to promote
3
you nee i to stop meddling into others' business and stop auditing others' numbers, stay in
4
your lar B
5
n October 2017, Claimant received a performance evaluation from Deputy Chief
6
Green, vhich said: "During this period Captain Carranza conducted an inspection of three
7

8 of her pfeers' violent crime statistics for their Areas. When Carranza advised this rater that

9 she had conducted the inspection, she alleged that her peers were under-reporting their
10 violent Jrime. She then made disparaging remarks about the commanding officers,
11
stating Ihey cannot effectively run a command, were under-reporting crime and did not
12
deserve to get promoted. Following feedback that is unprofessional and not reflective of
13
her tenftre as a commanding officer to disparage other commanding officers
14

15
/ \X the time Claimant made the disclosures stated herein, she had a good faith

16 belief tllat their actions regarding such disclosures were violations of federal and/or state,

17 statute! and/or regulations and/or city charter and/or municipal code violations. More
18
specific|ally, said violations included butare not limited to: violations of 28 USC 534;
19
California Penal Code section 115, 13020; 18 USC 1001; Los Angeles Municipal Code
20
sectiorfe 49.5.6, 49.5.5; Los Angeles City Charter 571(b)(2); Law Enforcement Code of
21
Ethics POST) 3-1, 3-2, in conjunction with California Penal Code sections 13522,13510
22

23 and 13B06

24 \s a result of making the disclosures stated herein. Claimant was subjected to

25 adversfe employment actions.
26
Claimant further alleges that as a result of her disclosures of what she believed to
27
be violations offederal, state, statutes and regulations and/or city charter and/or municipal
28

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GOVE RNMENT CLAIM FOR DAMAGES PURSUANT TO CALIFORNIA GOVERNMENTCODE 905 and 910, et seq.
1 code vie lations, she was subjected to retaliation in violation of Labor Code sections

2 1102.5 tnd 1102.6.

3
GENERAL DESCRIPTION OF INJURY:
4
C laimant alleges that as an actual and proximate result of said conduct. Claimant
5
sufferec emotional distress, physical injury, and loss of past and future earnings, including
6
loss of ivertime and loss of pension, failure to promote Claimant to the rank of
7

8 Comms nder, and acts were taken against Claimant by the Department that will impact her

9 ability t( promote to the rank of Commander in the future. Claimantalso claims attorney's

10 fees un jer the applicable provisions.

11
KNOWN WITNESSES: Charlie Beck, Stephen Jacobs, Jorge Villegas, Bob
12
Green, Regina Scott, Nicole Alberca, Jon Peters, Howard Leslie, Michael Moore, Earl
13
Paysin< er, Jon Peters, John Sherman, John Newman and Renee Redell. Other members
14

15
of the ( iffice of the Inspector General and the Los Angeles Police Department have

16 knowie Ige of the intentional under-reporting of crime statistics.

17 AMOUNTS CLAIMED:

18
'ursuant to Government Code section 910(f), the amount of compensatory and
19
other d amages claimed exceeds $10,000 and will lie within the unlimited jurisdiction ofthe
20
Superi< ir Court. Claimant also claims and seeks to recover herein statutory and other
21

22
penalti^s, damages, attorney's fees, expertfees, costs as provided by law, including, inter
23
alia, C CP. section 1021.5, Labor Code sections 923, 1101, 1102, 1102.5, etseq., and

24 2698, ( seq. Government Code sections 3300, et seq., 3500, et seq., and 53298, et seq.,
25 and/or other applicable authorities.
26
///
27
///
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GO^ RNMENT CLAIM FOR DAMAGES PURSUANT TO CALIFORNIA GOVERNMENT CODE 905 and 910, et seq.
 1 Dated: November 2, 2017 LAW OFFICES OF GREGORY W. SMITH

2
By:
3 GREGORY W. SMITH
DIANA WANG WELLS
4
Attorneys for Claimant
5 LILLIAN CARRANZA

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GOVEF NMENT CLAIM FOR DAMAGES PURSUANT TO CALIFORNIA GOVERNMENT CODE 905 and 910, et seq.
 1 PROOF OF SERVICE

2 STATE OF CALIFORNIA

3
COUNllY OF LOS ANGELES )
4
I am employed in the County of Los Angeles, State of Galifornia. I am over the age
5 of 18 ye ars of age, and am not a party to the within action; my business address is
Lightnir 3 Messenger Express, 5062 Lankershim Boulevard, Suite 135, North Hollywood,
6 Californ a 91601.

7
C n the date hereinbelow specified, I served the foregoing document, described as
8 set forthbelow on the interested parties in this action, the original thereof enclosed in
sealed ( nvelopes, at Beverly Hills, addressed as follows:
9
DATEC F SERVICE November 2, 2017
10

DOCU^ ENT SERVED GOVERNMENT CLAIM FOR DAMAGES PURSUANT

11
TO GOVERNMENT CODE SECTIONS 905 and 910,
ET SEQ.
12

PARTIES SERVED : City Clerk's Office

13
City of Los Angeles
200 North Spring Street, Room 395
14
Los Angeles, California 90012
15
XXX (4y PERSONAL SERVICE) I personally delivered by hand to the offices of the
16 dressee(s).

17 XXX (i TATE) I declare under penalty of perjury under the laws of the State of California
th at the above is true and correct.
18

_
EDERAL) I declare that I am employed in the office of a member of the bar of this
19
C( urt at whose direction the service was made.
20
KECUTED at Beverly Hills, California on November 2, 2017.
21
(Signature)
22
Print Name: UXlS PA-Tngrr
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GOVERr MENT CLAIM FOR DAMAGES PURSUANT TO CALIFORNIA GOVERNMENT CODE Qg 905 and 910, etseq.