LAKE COUNTY, Calif. – The lawsuit filed against a county supervisor in his capacity as a bail bondsmen over a property foreclosure and a physical confrontation has been dismissed.
The case, filed by Robert and Jan Sanders of Clearlake against Rob Brown of Kelseyville, his wife Kim and their bail bonds company, was dismissed by Judge Andrew Blum in Lake County Superior Court on Wednesday.
Attempts to reach attorney Susan Feeney, who represented the Sanderses in the case, were unsuccessful.
Calls to Feeney's offices in Lakeport and Half Moon Bay yielded no results, as those numbers apparently have been disconnected, and she did not respond to an email sent to the account included in her State Bar listing.
Attorney Steven Brown – son of Rob and Kim Brown – represented them in the matter, and called the case dismissal a vindication.
In January 2009, the Sanderses used the Browns' bail bonds company to bail their son Christopher Sanders out of jail after he was arrested for molesting his stepdaughter.
Given the large amount of the bail, a deed of trust against the Sanderses’ residential real property was used to secure the debt.
While Christopher Sanders’ criminal case lasted several years, in May 2011 he was convicted by a jury of five felonies – a count of committing a lewd act with a child, two counts of lewd act with a child by duress, and one count each of continuous sexual abuse of a child and statutory rape.
The following January, he was sentenced to 41 years in state prison, as Lake County News has reported: www.bit.ly/1U5AbHV . In August 2013, an appellate court upheld the sentence: www.bit.ly/13BX7dE .
Steven Brown said Rob and Kim Brown spent several years attempting to collect the debt for the bail premium owed by the Sanderses, but they refused to pay.
As a result, given the large amount owing, the real property secured by the deed of trust was foreclosed on and the Browns subsequently became the owners of the property, Steven Brown said.
Steven Brown said that in August 2012, Rob and Kim Brown went to the residence on Buckeye Street in Clearlake to serve a notice of inspection on the Sanderses, who were refusing to vacate the property.
During Rob Brown’s attempted service, he was physically assaulted by Robert Sanders, who he punched one time in self defense.
The case was investigated by the Clearlake Police Department, www.bit.ly/Sr6Ig5 .
In October 2012 District Attorney Don Anderson concluded there was insufficient evidence to prosecute Brown for assault.
Anderson also said at that time that Robert Sanders had refused to cooperate with police, including not providing video evidence he claimed to have and refusing to sign a medical release in order for his claims about his injuries to be investigated: www.bit.ly/SWMmfg .
When the Sanderses continued to refuse to vacate the property, the Browns filed an unlawful detainer action to obtain physical possession of the property. When the court granted the Browns possession of the property, they identified the property had significant interior damage, Steve Brown said.
In June of 2014, the Sanderses filed a lawsuit against Rob and Kim Brown and their bail bonds company, asserting 14 causes of action including assault, battery, elder abuse, intentional infliction of emotional distress, fraud, breach of contract, animal cruelty and various causes of action related to ownership of the real property as they contended that the foreclosure was illegal.
Steven Brown said he filed several motions which resulted in 12 of the 14 causes being dismissed due to lack of any facts to support the causes of action.
He said a trial was set on the remaining two causes of action for battery and assault as a result of Rob Brown having punched Robert Sanders.
After many delays, Steven Brown said the matter came to trial on Wednesday. At that point, facing the prospect of having to present evidence that he had been assaulted and battered, Robert Sanders and his wife requested the court dismiss the remaining causes of action of assault and battery.
Steven Brown said he told the court he was prepared for the trial and wished for it to proceed, but Judge Blum ultimately dismissed the causes of action asserting the Sanderses right to dismiss.
While advocates for the Sanderses have made numerous public comments contending Rob Brown took advantage of the couple, Steven Brown said Rob and Kim Brown have not provided public comment out of respect for the process.
Steven Brown said his clients are pleased with the outcome and are grateful to finally be cleared of all of the false allegations.
During the proceedings, sanctions were issued against Feeney for a total of $1,350 for failure to comply with a court order to provide information in the suit and for not showing up to a scheduled court appearance.
Because the sanctions total more than $1,000, Feeney must report them to the State Bar or face discipline from the organization.
Steven Brown also is filing an order seeking that the Sanders pay $2,900 in costs.
Feeney has filed a motion for reconsideration of the sanctions against her, claiming that her clients lied about having paid her, and that they have made false allegations that the problems with the case that led to the subsequent sanctions and dismissal were her fault.