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Time's up. No sexual harassment claim possible.

Alleged Filner victim contends with city's claim of missed deadline

Former mayor Bob Filner
Former mayor Bob Filner

On December 29, appellate court judges overturned a San Diego County Superior Court judge ruling that allowed a late claim to be filed by a woman who was allegedly groped by former mayor Bob Filner at a May 2013 gathering of a group of Fiesta Island dog owners.

One of the group's members, Jeri Dines, said Filner grabbed her buttocks at the event while the two posed for a photograph. According to Dines, Filner's bodyguards disregarded the alleged assault.

Nearly one year later, on May 6, 2014, as the scope of Filner's sexual harassment scandal widened, Dines, through her attorneys, filed a claim with the city's Risk Management Department.

The city denied the claim two days later, informing Dines that she had six months to petition a court to overturn the rejection.

Dines filed her lawsuit five days after the six-month deadline, on November 14. Her attorneys argued that Dines's petition was timely after taking into consideration that the city's initial rejection was mailed to her, therefore did not arrive on May 8 but several days afterward.

In April 2015, San Diego Superior Court judge Ronald Prager agreed to let Dines's petition stand. The city appealed.

Now, six months later, the appellate court has weighed in, ruling that Prager erred in allowing the extra days to make up for the time the document spent in the mail.

This from the December 29 appellate court ruling: "Because Dines filed her [petition for relief] with the trial court more than six months after [the] city denied her application for leave to file a late claim, it was untimely filed and should have been dismissed by the court. The court erred by granting her [petition]."

The appellate court is sending the case back to Superior Court so the previous decision to be vacated and the lawsuit dismissed due to a late filing.

Attorney Dan Gilleon, whose firm represents Dines, says the case is not closed.

"We believe the trial court's ruling was correct, and that we believe the Supreme Court will correct the Court of Appeal's ruling that Judge Prager committed error," Gilleon wrote in an email to the Reader.

"This business is hard enough as it is," added Gilleon. "The law that shortens the statute of limitations from two years to six months — even for scoundrel mayors who like to grope women — is unfair and should itself be overturned. The government should not be able to write laws to protect itself from malicious conduct by elected officials. It's too bad the Court of Appeal let Mayor Filner slip out on a technicality. Judge Prager was right, and we're confident the Supreme Court will agree.”

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Former mayor Bob Filner
Former mayor Bob Filner

On December 29, appellate court judges overturned a San Diego County Superior Court judge ruling that allowed a late claim to be filed by a woman who was allegedly groped by former mayor Bob Filner at a May 2013 gathering of a group of Fiesta Island dog owners.

One of the group's members, Jeri Dines, said Filner grabbed her buttocks at the event while the two posed for a photograph. According to Dines, Filner's bodyguards disregarded the alleged assault.

Nearly one year later, on May 6, 2014, as the scope of Filner's sexual harassment scandal widened, Dines, through her attorneys, filed a claim with the city's Risk Management Department.

The city denied the claim two days later, informing Dines that she had six months to petition a court to overturn the rejection.

Dines filed her lawsuit five days after the six-month deadline, on November 14. Her attorneys argued that Dines's petition was timely after taking into consideration that the city's initial rejection was mailed to her, therefore did not arrive on May 8 but several days afterward.

In April 2015, San Diego Superior Court judge Ronald Prager agreed to let Dines's petition stand. The city appealed.

Now, six months later, the appellate court has weighed in, ruling that Prager erred in allowing the extra days to make up for the time the document spent in the mail.

This from the December 29 appellate court ruling: "Because Dines filed her [petition for relief] with the trial court more than six months after [the] city denied her application for leave to file a late claim, it was untimely filed and should have been dismissed by the court. The court erred by granting her [petition]."

The appellate court is sending the case back to Superior Court so the previous decision to be vacated and the lawsuit dismissed due to a late filing.

Attorney Dan Gilleon, whose firm represents Dines, says the case is not closed.

"We believe the trial court's ruling was correct, and that we believe the Supreme Court will correct the Court of Appeal's ruling that Judge Prager committed error," Gilleon wrote in an email to the Reader.

"This business is hard enough as it is," added Gilleon. "The law that shortens the statute of limitations from two years to six months — even for scoundrel mayors who like to grope women — is unfair and should itself be overturned. The government should not be able to write laws to protect itself from malicious conduct by elected officials. It's too bad the Court of Appeal let Mayor Filner slip out on a technicality. Judge Prager was right, and we're confident the Supreme Court will agree.”

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5

The Due Process for Mayor Filner Facebook page documented the public statements made by Jeri Dines at the time of her lawsuit against the City of San Diego.

https://www.facebook.com/WeDemandDueProcessForMayorFilner/photos/ms.c.eJxFzMENwDAIQ9GNKiCAzf6LVQ0hPT59y0ZFeCKWhUAfa6dWKVaNfdv~;3nsbsy3HEGbQZfbonrfX~;rM8puweHHvbr7~_~;RbxBzSOu.bps.a.281754628658409.1073741833.192542027579670/281754661991739/?type=3&theater

https://www.facebook.com/WeDemandDueProcessForMayorFilner/

"April 5, 2014. New bombshell on the Jeri Dines case. Remember the mom who said 'Filner could grab her boobs anytime' and she didn't get why people were making such a big deal about all the Filner claims well after her daughters alleged assault. She also posted the pic of her and Filner from the assault event on FB twice both times gushing about the mayor. Well she had quite a different story for the lawyers...she claimed in court documents that she was 'deeply offended that her daughter was assaulted by a person she trusted...." read on. I wonder if anyone told them that lying under oath was perjury...

I love the part about how 'name is withheld due to the nature of the offense' meanwhile mom is blasting 'Filner can grab my boobs anytime' all over the internet after the event allegedly occurred.

Look at the dates here...Why is she visiting Toni and lorena in their assembly offices during the press conference to boot BF? MORE importantly why is that picture w/ Bonnie Dines taken same time as the 'groping' photo w/ Filner dated July 26th? No one gets this kind of access unless they are very important.

April 3, 2014. WHOAH! Ok so today one the accusers comes out to file a civil lawsuit Jeri Dines....we just found the smoking gun of all guns to prove she is lying. I will post more pics for you on her in a minute but the Fox 6 article shows a pic of her w/ Filner allegedly from May when he supposedly grabbed her butt and boob. So in going through her FB photos we found her visiting w/ Lorena Gonzalez and Toni Atkins July 11th-13 during the big BF Presser lots of pics w/ a relative Bonnie Dines.

One of the 3 counts is THIS count of 'sexual assault'. That is why this is so important because if this count was false and he pled guilt what about the other 2? Its important to remember the City refused to pay for his defense so he was getting bills from his attorneys for like $40,000 a month. He was in a corner. Either just do a plea deal or go broke."

why is the mother who testified to being horrified at Filner's actions against her daughter saying he can "grab her boobs or ass anytime" AFTER she allegedly witnessed the event? Later she claims all the claims against Filner are absolutely absurd. Wonder if someone made her an offer she could not refuse? Especially since daughter Jeri got a nice cushy job at state corrections office shortly after she decided to file a claim....

Dec. 29, 2015

Fortunately, FORMER Mayor Filner is gone. Except, of course, for any remaining damage claims yet to be paid (if any).

Dec. 29, 2015

Thank you @LaPlayaHeritage for reminding us that Dines' daughter Jeri " got a nice cushy job at state corrections office shortly after she decided to file a claim....", courtesy no doubt of the politicians who wanted Filner gone, Lorena and Toni. This whole thing stank at the time and gets worse with age.

As for Gilleon's "scoundrel mayors" comment: hell hath no fury like an attorney thwarted of a dishonest fee. Suck it up Gilleon. And mind your language.

Dec. 30, 2015

That Judge Prager sounds like a real San Diegan to me. I don't see how legal filings and other fol-de-rol niceties apply to "scoundrel mayors." Incensed citizens should just be allowed to string 'em up. Fuggedabout court calendars: just DO it.

Dec. 29, 2015

I've never understood why Bob Filner's bad acts mean the taxpayer must write a check. Molesting women is NOT part of the Mayor's duties. Bob Filner should be individually responsible for every penny in judgements. Yes, that probably means that his victims won't get anything close to the full award, but that's life.

Dec. 30, 2015

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