Zhang

Zhang v. Dept. of Corrections and Rehabilitation CA3

Good Law
Court of Appeal of CaliforniaMay 29, 2024C096915California2,919 words

Opinion

Opinion

FACTS AND HISTORY OF THE PROCEEDINGS

Plaintiff fired gunshots at the Chinese consulate building in Los Angeles in 2011 because he believed Chinese agents were attempting to murder him due to his political beliefs. (Zhang v. County of Los Angeles (C.D. Cal. Mar. 9, 2023, No. CV 22-8365 GW) 2023 WL 2666865 (Zhang I), report adopted (Mar. 27, 2023) 2023 WL 2666841.) In 2015, he accepted a plea deal under which he was convicted of aggravated assault with an

2 enhancement for personally using a firearm in the commission of a felony. (Pen. Code, §§ 245, subd. (b); 12022.5, subd. (a).) The district court sentenced him to nine years in state prison and transferred him to the Department’s custody. (Zhang I.) Plaintiff was released from custody on July 6, 2020, to serve one year on parole. (Zhang I, supra, 2023 WL 2666865.) He filed his original complaint in this action on August 16, 2021. The 203-page complaint alleged a litany of fraudulent and injurious incidents that happened to him while he was incarcerated by the Department at various prisons from October 2015 to June 2019, and while at Atascadero State Hospital from June 2019 to July 2020. He alleged causes of action for fraud,…

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