Giambastiani

Giambastiani v. Gordon CA1/2

Good Law
Court of Appeal of CaliforniaOctober 31, 2022A163616California4,357 words

Opinion

Opinion

BACKGROUND

On March 24, 2018, at approximately 7:29 p.m., Officer Timothy Gooler of the Santa Rosa Police Department was dispatched to Giambastiani’s address based on the report of an anonymous caller who “witnessed his neighbor pull into her driveway and ‘smash the car into the house.’ ”1 The caller identified Giambastiani by name and description, and described the vehicle as a silver Ford Escape. The caller also indicated that he believed Giambastiani had been drinking as she was “stumbling around the vehicle.” According to Officer Gooler’s incident report, the following took place when he arrived on the scene: “I arrived several minutes after the dispatch and observed a silver Ford Escape in the driveway, which matched the description of the involved vehicle. Several feet away, I observed fresh collision damage to the southwest corner of the garage. The siding and framing appeared to be ‘smashed’ in, consistent with having been struck by a vehicle. I additionally observed moderate collision damage and matching paint transfer on the front right bumper of the Escape. It was apparent that the Ford Escape had recently been involved in a collision with the house. “I touched the…

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