Friday, July 8, 2011

Lawsuit in waiting

One more interesting twist in the saga at our local police department.

Capt. John Espinoza's lawsuit has so far not moved forward — as of Friday, July 8, it hadn't even been served to the city of Tracy, at least according to San Joaquin County civil records department.

Usually, the plaintiff has 90 days to serve the entity he or she is suing before the court issues an order to show cause — courts like to know why a lawsuit is filed but not followed up on. For Espinoza, that 90 days has come and gone, though the court hasn't yet sent out its OSC.

The reason could be one of many things. A breakdown between attorney and client, a mutual agreement between plaintiff and defendant to hold off to see if things can be worked out, a plaintiff just letting the thing go.

But we're unsure of a reason in this case. There's a call in to Espinoza's attorney, Christopher Miller, seeking an answer. We'll keep you posted.

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