2nd Civil No.

B170904

IN THE COURT OF APPEAL

FOR THE

STATE OF CALIFORNIA SECOND APPELLATE DISTRICT, DIVISION FIVE

___________

ELDON RAY BLUMHORST, Plaintiff and Appellant, vs. HAVEN HILLS, INC., et al., Defendants and Respondents. __________
Appeal from the Order Sustaining the Demurrer to Plaintiffs First Amended Complaint Without Leave to Amend The Honorable Jon M. Mayeda, Superior Court Case No. BC 297977

APPLICATION FOR LEAVE TO FILE AMICI CURIAE BRIEF AND AMICI CURIAE BRIEF IN SUPPORT OF RESPONDENTS, OF THE QUEENS BENCH BAR ASSOCIATION, CALIFORNIA ALLIANCE AGAINST DOMESTIC VIOLENCE, THE CALIFORNIA COMMISSION ON THE STATUS OF WOMEN, BREAK THE CYCLE, BUILDING FUTURES WITH WOMEN AND CHILDREN, CALIFORNIA WOMEN LAWYERS, LEGAL MOMENTUM, NATIONAL ORGANIZATION FOR MEN AGAINST SEXISM, STUDENTS OPPOSING DOMESTIC VIOLENCE AND WOMEN LAWYERS ASSOCIATION OF LOS ANGELES
THE CALIFORNIA COMMISSION ON THE STATUS OF WOMEN QUEENS BENCH BAR ASSOCIATION Helene E. Swanson (SBN 130426) Jaime M. Gher (SBN 229583) 456 Montgomery Street, 20th Floor San Francisco, California 94108 Telephone: (415) 398-0020 Facsimile: (415) 398-2820 www.queensbench.org Attorneys for Amici Curiae CALIFORNIA ALLIANCE AGAINST DOMESTIC VIOLENCE Nancy K.D. Lemon, Board Member of CAADV (SBN 95627) Amy Keating, Boalt Hall School of Law, U.C. Berkeley 926 J Street, Suite 210 Sacramento, California 95814 Telephone: (800) 524-4765 Facsimile: (916) 444-7165 www.caadv.org

APPLICATION FOR LEAVE TO FILE AMICI CURIAE BRIEF IN SUPPORT OF RESPONDENTS Amici curiae (Amici) respectfully request permission to file the attached brief in support of the position of Defendants and Respondents in the above-captioned matter. Amici are legal, professional, advocacy organizations, associations and/or nonprofit agencies which are dedicated to advancing and protecting the rights of women and children in the areas of employment, education, family law and/or domestic violence. (See: Statements of Interests of Amici, attached to this brief as Appendix A.) Amici have a compelling interest in this case because Appellant seeks to: (1) take away public funding from battered womens shelters and remove the exemption stated in Government Code 11139 for lawful programs that benefit women and minorities; and (2) require all womens domestic violence shelters which receive State funding to admit men. Appellants challenges would adversely affect the shelters, which rely heavily on grants from the State in order to provide temporary shelter, counseling and other beneficial services to battered women and their children. This would force the shelters to turn away even greater numbers of battered women, leaving them with no viable alternatives to escape from further violence. Moreover, admitting men into shelters would make the shelters less safe and secure for women and their children. It is also not practical since the

dormitory-style housing is not clinically appropriate for the housing of both men and women under the same roof. Most disconcerting of all, Mr. Blumhorsts legal attempt to divert public funding away from women-only shelters could be used as a dangerous precedent to further erode State funding for other programs and services that benefit women, the elderly, children and minorities. The accompanying amicus curiae brief is respectfully submitted and Amici hope that this Court will allow the filing of this brief in favor of affirming the trial courts decision for Respondents. DATED: December ___, 2004 Respectfully Submitted,

By:________________________ HELENE E. SWANSON JAIME M. GHER Attorneys for Amici Curiae QUEENS BENCH BAR ASSN. DATED: December ___, 2004 By:________________________ NANCY K.D. LEMON AMY KEATING For Amici Curiae CA. ALLIANCE AGAINST DOMESTIC VIOLENCE

I.

INTRODUCTION AND SUMMARY OF ARGUMENT

In an attempt to grapple with the problem of domestic violence, the California legislature implemented laws such as Government Code 11139, which best effectuate meaningful legal protections and services for women, who are 85%-95% of all victims of domestic violence. The trial courts ruling in favor of Respondents should be affirmed because women-only shelters are lawful, practical and effective methods of assisting battered women and their children in need and do not violate mens equal protection rights. Taking away public funding for battered womens programs and admitting men into shelters set up to house women only will negatively impact the availability and effectiveness of services which could be offered to battered women and their children. Diverting funds from the already budget-strapped shelters would result in far greater numbers of women (especially poor women) and their children being denied services, which would likely mean that many of them will be left with no alternative but to remain with their batterers and endure further abuse. When male victims seek shelter services, they are accommodated within the context of available resources. Womens shelters offer services to men in the form of hotel vouchers, counseling and referrals to facilities that are set up to admit men. Moreover, Section 11139 does not preclude men from obtaining public

funding to operate men-only domestic violence shelters, which would cater to their unique needs and viewpoints. It is vital that battered women be housed separately from men and be allowed to receive specialized treatment to help them overcome their emotional and physical injuries. If the status quo is not maintained, women will be strongly deterred from going to a shelter because they will no longer have the same level of safety, privacy and comfort and may fear for the safety of themselves and their young children in the presence of strange men. The shelters are often in secret locations to protect women from their abusers and, if the shelters are opened to both men and women, this would make it more difficult to prevent a man from going to a shelter to locate his partner and subject her to further assaults or even death. Ultimately, this would likely cause many women to stay with and/or return to their batterers prematurely. Amici agree that both men and women have the right to be free from violence and are deserving of assistance in escaping from violence. Mr. Blumhorts legal challenge, however, is the wrong approach to obtaining additional services for male victims of domestic violence. It ignores the fact that women-only shelters were opened in order to give the majority of the victims of domestic violence who are overwhelmingly women a safe haven away from men.

Therefore, it is appropriate to continue to address domestic violence by funding battered womens programs and shelters. Amici curiae respectfully request that the trial courts decision be affirmed in its entirety. II. HISTORICALLY, DOMESTIC VIOLENCE AGAINST WOMEN BY THEIR HUSBANDS WAS ACCEPTED BY OUR SOCIETY.

The disproportionate impact of domestic violence stems in part from the fact that, until the relatively recent passage of criminal laws in the United States prohibiting domestic violence, assault against a wife by her husband was neither outlawed nor discouraged.1 Women-only shelters were opened and began to receive grants after decades of hard work and lobbying by individuals who fought against the historical acceptance of violence against women. These shelters were a necessary solution to the problem because, by tradition, law, and religious prescription, men in most societies throughout most of recorded history have been entitled to discipline their wives and to inflict physical punishment.2 The earliest known civil laws allowing domestic violence against women by their husbands were established by the Roman civil law, which authorized a husband to beat his wife with a whip or rod for divorceable offenses (e.g. withholding information from him about a plot against the government, adultery,
State v. Black, 60 N.C. 262 (Winc. 1864); State v. Rhodes, 61 N.C. 453 (Phil. Law 1868. 2 Jones, N., Next Time, She'll Be Dead: Battering & How to Stop It (Boston: Beacon, 1994); Schechter, S., Women and Male Violence: The Visions and Struggles of the Battered Women's Movement (Boston: South End Press, 1982); Walker, L.E., The Battered Woman Syndrome (New York: Springer, 1984).
1

plotting against his life, remaining away from his house without his consent, attending banquets or bathing with strangers against his wishes, or attending circuses, theaters, or other public exhibitions without his knowledge or against his wishes).3 In our country, men were also historically permitted to use physical force as a means to subjugate, control and discipline their wives.4 Under our common laws, women were treated like chattel; a womans identity and autonomy were subsumed to her husbands once they married.5 That some men routinely beat their wives or girlfriends for "bad" behavior was regarded as a fact of life. Despite the criminalization of domestic violence and other significant gains in legal reforms which have benefited battered women, a great disparity in the severity of the injuries suffered and the need for services between men and women still exists. The State of California had ample reasons for implementing the laws which Appellant challenges in his lawsuit (Government Code 11139 and the applicable sections of the Health & Safety Code), in order to legally protect and best serve female victims of domestic violence. These laws should thus be upheld in order to prevent a situation where Californias progress in combating domestic violence and assisting battered women is severely impeded. //
3

Title 18, One Hundred and Seventeenth New Constitution of Roman Emperor Justinian I, published in 529 C.E., Ch. 14, in Vol. 17 of The Civil Law; translated and edited by S.P. Scott, The Central Trust Company (Cincinnati, 1932), 54-55. 4 Black, supra note 1, at 262; Rhodes at 453. 5 Id.

III.

DOMESTIC VIOLENCE IS OVERWHELMINGLY A CRIME AGAINST WOMEN. A. Methodological Studies Consistently Demonstrate That Over 85% of All Domestic Violence Victims Are Women.

Battering may be the single most common source of serious injury to women.6 The Legislature implicitly recognized, by enacting Section 11139 as an exemption from the provisions of Section 11135, that domestic violence is predominantly a crime against women, which justifies providing abused women with emergency housing apart from men.7 This does not mean - as Appellant insinuates - that the shelters are discriminating against men based upon their gender. The following statistics evidence that domestic violence against women remains a widespread and troubling problem (the statistics are nationwide, unless otherwise noted): 85%-95% of all domestic violence victims are female.8

Stark, E. and Flitcraft, A., Violence Among Intimates: An Epidemiological Review, in Van Hasselt, V.B., et al. (Eds.), Handbook of Family Violence (1988), p. 301. 7 Likewise, Congress also acknowledged the need for funding services and programs for battered women by enacting The Violence Against Women Act in 1994, which provided more than $1 billion to assist shelters, train law enforcement personnel and judges and support other crime prevention initiatives addressing violence against women. (Lobel, K. (Ed.), Naming the Violence (Seal Press, 1986); Schechter, S., supra note 2; Yllo, K and Bograd, M. (Eds.), Feminist Perspectives on Wife Abuse (Sage Publications, 1988).)
8

Greenfield, L.A., et al., Violence by Intimates: Analysis of Data on Crimes by Current or Former Spouses, Boyfriends and Girlfriends, U.S. Dept. of Justice, Bureau of Justice Statistics, NCJ-167237 (March 1998) and Rennison, C.M. and Welchans, S., Special

 Domestic violence is the leading cause of injury to women and was more common among women between the ages of 15 to 44 than automobile accidents, rapes, muggings and cancer deaths combined.9 Over 70% of those murdered by their intimate partners are women.10 The costs of treating women who are raped, stalked and physically abused exceed $5.8 billion annually, of which $4.1 billion are for medical and mental health care services.11 An estimated 5.3 million intimate partner violence victimizations occur among U.S. women ages 18 and older each year.12 In 1998, women were victims of intimate partner violence around five times more often than males, and there were 767 female victims of intimate partner violence per 100,000 women, compared to 146 male victims.13 In a twelve month period, almost 6% of Californias women suffered physical injuries due to domestic violence.14 Although women are less likely than men to be victims of violent crimes overall, women are five to eight times more likely than men to be victimized by an intimate partner.15 In 1998, females were raped or sexually assaulted at a rate that was 14 times that of males.16

Report: Intimate Partner Violence, U.S. Department of Justice, Bureau of Justice Statistics, NCJ 17824, 1, 2 (May 2000); http://www.ojp.usdoj.gov/bjs/abstract/ipv.htm.
9

Domestic Violence Intervention Calls For More Than Treating Injuries, Journal of the American Medical Assn. (1990), see: http://ag.ca.gov/publications/ womansrights/ch7.htm.
10 11

Greenfield, L.A., et al., supra note at www.abanet.org/ domviol/stats.html.

Gerberding, J.L., et al., Costs of Intimate Partner Violence Against Women in the U.S., National Center for Injury Prevention and Control, Center for Disease Control and Prevention Report (March 2003), at: http://www.cdc.gov/ncipc/pub-res/ipv_cost/ipv.htm.
12

Tjaden, N. and Thoennes, N., Prevalence, Incidence, and Consequences of Violence Against Women: Findings From the National Violence Against Women Survey, National Institute of Justice, Centers for Disease Control and Prevention (November 1998), at www.ncjrs.org/txtfiles1/nij/183781.txt - 101k.
13 14

Rennison, C.M., supra note 8. Domestic Violence in California: Incidence of Domestic Violence in California, California Department of Justice, Crime & Violence Prevention Center (2002), at http://safestate.org/index.cfm?navid=9. 15 Greenfield, supra note 10. 16 Id.

 In 1996, among all female murder victims in America, 30% were murdered by their husbands or boyfriends.17 In 2002, 128 women in California were killed by their husbands, exhusbands or boyfriends. In the U.S. in 2000, 1,247 women were killed by an intimate partner in comparison with 440 men.18 Violence against women is significant enough that the National Violence Against Women Survey concluded that medical personnel in this country should receive comprehensive training about the medical needs of female victims of crime.19 In an attempt to dispute the findings that women are victimized by domestic violence in far greater proportions than are men, several mens rights groups claim that men often choose not to report their partners violence and that this explains the disparity in the numbers of assaults on men vs. women. The evidence does not support such an argument. An analysis of nine years of U.S. National Crime Survey data found that 67.2% of men and 56.8% of women called the police after an assault by their spouse.20 This data indicates that women, not men, are less likely to report incidents of domestic violence. Furthermore, Appellant states that men are frequently victims of domestic violence, citing one statistic from the California Attorney Generals Report on Arrests for Domestic Violence that female arrests for domestic violence
Uniform Crime Reports of the U.S., Federal Bureau of Investigation (1996). Intimate Partner Violence, Bureau of Justice Statistics and Crime Data Brief, (19932001, February 2003); California Department of Justice, Criminal Justice Statistics Center (2002), at http://ag.ca.gov/cjsc/pubs.htm.
18 19 20

17

Tjaden, supra note 12, at 12.

Schwartz, M.D., Gender and Injury in Spousal Assault, Sociological Focus 20, 61-75 (1987).

10

in California between 1988 and 1998 rose 318.7% while male arrests rose 33.7%. (Reply at 13.) The statistics from the same Attorney Generals Report, however, actually belie the claim that men are frequently battered. The report indicates that in 1998, 83.5% men were arrested for committing domestic violence, contrasted with 16.5% women.21 Although the number of women who have been arrested for domestic violence has risen since 1988, the overwhelming majority of domestic violence victims still remains women. With regard to Appellants inference in his Reply that men seek shelter services more often than do women, in The Prevalence of Domestic Violence in California it was reported that only 9% of domestic violence victims who seek shelter services are men.22 One Los Angeles shelter which has a significant number of gay and lesbian domestic violence clients did receive more calls for services from male victims.23 It does not follow, however as Appellant appears to be arguing - that other shelters in California experience a similar number of calls from men. In fact, Appellant has not cited any studies which would support such an erroneous contention and the statistics set forth above dispute this. // //

Reports on Arrests for Domestic Violence in California, Cal. Attorney General, Bureau of Criminal Justice Information and Analysis (August 1999), 10. 22 Bugarin, A., The Prevalence of Domestic Violence in California, California Research Bureau, CRB 02-016 (November 2002), 14. 23 Id.

21

11

B.

Women Are Likely To Suffer More Serious Physical and Psychological Injuries Than Men As A Result of Domestic Violence.

Mens and womens experiences as victims of domestic violence differ significantly. Men can do a lot more harm for obvious reasons (e.g. larger size, greater physical strength).24 Women reported a greater frequency and duration of violence perpetrated by their partners then men. As set forth above, studies show that men have higher rates of inflicting the most dangerous and injurious forms of violence (e.g. women are more likely to be killed by domestic violence than men).25 This is borne out by an analysis of police reports in Santa Barbara, California, which indicate that in 90% of the cases of domestic violence where injuries occurred, the injuries were to the women only.26 As for the remaining 10% cases where both parties were injured, the womans injuries were more severe than the mans. Id. Furthermore, women are more likely to be injured and receive medical treatments as a result of the abuse of their batterers.27 Mens violent acts are repeated more often and men are also less likely to fear for their own safety if assaulted by women.28 While women were two to three times more likely than men to report that an intimate partner threw
24

Gelles, R., Domestic Violence: Not an Even Playing Field (1995), at http://www.mincava.umn.edu/documents /factoid/factoid.html. 25 Tjaden, supra note 12. 26 Domestic Violence FAQs, The Paladin Group Grant Mentors, www.silcom.com/~paladin/madv/faq-dv.html. 27 Tjaden, supra note 12. 28 Pagelow, M.D., Family Violence, 266 (1984).

12

something that could hurt or grabbed, pushed or shoved them, they were seven to fourteen times more likely to report that an intimate partner beat them, choked and strangled them, attempted to drown them, or threatened or actually used a gun on them.29 The experience of those working with battered women and abusers is that male batterers tend to minimize their violence and that battered women usually downplay the extent of their partners' violence or blame themselves.30 Given the pervasiveness of rape, physical assaults and homicides of women by their male intimate partners, it is imperative that violence against women continue to be treated as a major criminal justice and public health concern. C. Violence Against Men is Often Retaliatory.

Since the 1970s, there has been an attempt to make the phenomenon of abuse generic by insisting that women are as violent as men and that the proper focus of our study should be "spouse abuse" rather than violence against women. 31 The lack of symmetry in the nature and occurrence of assaults between men and women in the home and use of generic terms to describe domestic violence against

29
30

Tjaden, supra note 12. Gondolf, E. and Fisher, E. R. (Eds.), Battered Women as Survivors: An Alternative to Treating Learned Helplessness (1988), 13-14. 31 Symposium, Reconceptualizing Violence Against Women by Intimate Partners, Programs for Battered Women What Works?, 58 Alb. L. Rev. 1171 (Spring 1995) (identifying arguments set forth by mens groups asserting symmetry in rates of domestic violence).

13

men and women overlook the context of the violence, its nature, and consequences.32 In the majority of cases of women inflicting violence, the women act in response to physical or psychological provocation or threats. Women may use violence as a defensive reaction to violence, because they know or believe that they are about to be attacked, or, in the case of a smaller number of women, are seeking vengeance against a brutal partner after prolonged abuse.33 Because of the size and strength differences between most men and women, women typically do not inflict the same degree of harm that men do. In addition to ignoring the wealth of reliable statistics, studies and data which show that women are more frequently victimized by domestic violence than men, Appellant relies upon studies which are flawed and/or contorts facts and data in order to suit his position. For example, Murray Straus and Richard Gelles Conflict Tactics Scale (CTS) is being misused when it is employed as a comparative measure of male and female rates of victimization.34 In fact, even the scales creators do not endorse mens rights groups use of their statistics to show

32

Dobash, R., et al., Women, Violence and Social Change (1992), 180-83 (questioning family violence researcher's claims of finding "symmetry in the nature and occurrence of assaults between men and women in the home"). 33 Gondolf, supra note 30, at 13-14. 34 Kimmel, M.S., Gender Symmetry in Domestic Violence: A Substantive and Methodological Research Review, Violence Against Women (2002), at: www.ncdsv.org/images/male_DV_victims1.pdf.

14

equal victimization rates between men and women.35 A sampling bias also exists since the CTS does not measure the worst cases of violence against women.36 Further, Appellants arguments fail to acknowledge that domestic violence is an established pattern of behavior from the abuser which seeks to dehumanize and control the victim. Hits by a female should not be characterized as domestic violence, without taking into account the context of the event and the history of the relationship (e.g. was the woman defending herself against an assault by her husband?).37 Regardless of the rates of hitting, women suffer greater physical, financial, and emotional injury from domestic violence, and even researchers studying violence against men state that women should continue to receive first priority in services and prevention.38 IV. PROVIDING PUBLIC FUNDING TO WOMEN-ONLY DOMESTIC VIOLENCE SHELTERS IS AN EFFECTIVE AND PRACTICAL METHOD FOR COMBATING ONE OF AMERICAS MOST PERVASIVE SOCIAL PROBLEMS.

In order to fully comprehend why women are deserving of specialized services apart from men, one must appreciate and understand the impact that violence has on a woman.39 Battered woman have a more difficult time then men

35

Id.; Gelles, supra note 21; Bachman, R., Incidence Rates of Violence Against Women: A Comparison of the Redesigned National Crime Victimization Survey and the 1985 National Family Violence Survey, National Resource Center on Domestic Violence (January 1998). 36 Id. 37 Id. 38 Straus, M.A., et al., Physical Assaults by Wives: A Major Social Problem, in Current Controversies on Family Violence (Sage Publications 1993). 39 The "Power and Control Wheel" created by the Domestic Abuse Intervention Project in Duluth, Minnesota illustrates the web of control the batterer holds over a battered

15

in escaping their situations for many reasons. One major factor is fear, especially fear for her personal safety and that of her children. The initial separation of the victim from the batterer is often the time when the victim is at the greatest risk of physical violence from the batterer.40 This well-documented phenomenon is referred to as separation assault.41 In fact, at least one study found that about 75% of victims were divorced or in the process of divorcing their abusers when they were battered.42 In the Chicago Womens Health Risk Study, researchers found that a womans departure or attempt to end the relationship, was an immediate precipitating factor in 40% of intimate partner homicides of women.43 Another consideration for many women is a lack of a social support network resulting from the isolation imposed by her batterer.44 A battered womans family ties and friendships are often destroyed by her batterer, leaving
woman. In addition to the physical harm and fear he instills, her confidence, will and her ability to leave the situation are broken down. (Domestic Abuse Intervention Project, National Center on Domestic and Sexual Violence, Power and Control Wheel, at http://www.duluth-model.org.) 40 An ongoing examination of 50 intimate homicides of women by the California Womens Law Centers Murder At Home Project revealed that 58% of the victims in these cases were either divorced, separated, or in the process of separating at the time they were killed. California Womens Law Center, Murder At Home: A Case Study of the Violent Deaths of Women at the Hands of Their Intimate Partners (December 2000). 41 Mahoney, M.R., Legal Images of Battered Women: Redefining the Issue of Separation, 90 Mich. L. Rev. 1, 5-6 (1991). 42 Harlow, C.W., Female Victims of Violent Crime, U.S. Department of Justice, (1991). 43 Block, C.R., The Chicago Womens Health Risk Study: Risk of Serious Injury or Death in Intimate Violence: A Collaborative Research Project, Report to the National Institute of Justice (rev. June 2, 2000). 44 U.S. Dept. of Justice, Chapter 9, Domestic Violence Abstract Typical Development of A Domestic Violence Relationship (2002), at www.ojp.usdoj.gov/ovc/assist/ nvaa2002/chapter9.html

16

her psychologically and financially dependent on the abusive partner.45 She is confused about what is happening to her, and as she becomes more isolated, has fewer people with whom to do a reality check. Other considerations include economic dependence, feelings of guilt and promises of reform, religious beliefs and values that reinforce the commitment to marriage, love for her spouse and social acceptance of violence against women. Battered womens shelters have a duty to provide an environment that is as safe and as comfortable for battered women as possible so they can break the web of control which a perpetrator exerts over his victim. If the shelters are made coed, this will dramatically change their environment and they will almost certainly no longer be the safe havens that traumatized women need. V. ADMITTING MEN TO BATTERED WOMENS SHELTERS WOULD BE EXTREMELY DETRIMENTAL TO FEMALE VICTIMS OF DOMESTIC VIOLENCE. A. Even With Public Financial Assistance, Battered Womens Shelters Are Forced to Turn Away Numerous Women and Their Children Each Year.

Appellant erroneously contends that it would not be a hardship for battered womens shelters to accommodate men. This is simply not the case. Without funding from the State of California, battered womens shelters will encounter even greater problems in meeting the needs of battered women and children due to a demand that usually exceeds the number of beds available. This would negatively impact women and children in life-threatening situations and would
45

Id. 17

also be grossly disproportionate to the actual numbers of men that would be served by such a policy. During the fiscal year 2000-2001, shelters that received funding from the California Department of Health Services served approximately 80,000 women and 20,000 children.46 Despite this government funding, more than 23,000 battered women and their children were turned away from overcrowded shelters in California.47 As of 1997, statistics showed approximately one domestic violence program for every 2,170 battered women nationwide, and one shelter bed for every 160 battered women.48 Three rural counties in California, Alpine, Amador and Sierra, have no shelter programs according to the Department of Health Services Domestic Violence Section.49 There are an estimated 120 to 125 shelters in California. Most shelters exist on a shoestring budget consisting of public and private funding and are hard pressed to provide legal services, transitional housing and job-placement assistance for survivors. Most agency resources are exhausted meeting these

Bugarin, A., supra note 21 (number derived from data reported by California domestic violence shelters). 47 Id. 48 Plichta, S., Community Based Domestic Violence Programs for Women: What is Out There, Report to the Commonwealth Fund, Old Dominion University, re (September 1997). 49 Sproul, K, Californias Response to Domestic Violence, Senate Office of Research, Legislative Issues 1997 (December 1996), at http://www.sen.ca.gov/sor/reports/REPORTS_BY_SUBJ/LEGISLATIVE_HIGHLI GHTS/97iss07.htm 18

46

emergency needs, and few are able to go the next step and fund prevention programs.50 Under such circumstances, requiring that shelters accommodate men, even in small numbers, means that shelters would turn away even more battered women. This would have a particularly detrimental impact on women, who are less likely than men to be financially independent and have other options for escaping their dangerous situations. 51 On top of the extra costs associated with renovating shelters to make them clinically appropriate for housing both sexes, shelters would also incur increased operational costs associated with paying staff members to stay overnight in order to ensure the safety and security of the women and children. This would result in a large labor cost increase that few shelters could absorb. Finally, avoiding the devastating impact this will have on numerous victimized women and their children greatly outweighs the negligible benefit that men will derive from being admitted to womens shelters. Since over 85% of domestic violence victims are women, these expensive changes would be made for a small population that is unlikely to have their unique needs as male victims of domestic violence met by a battered womens shelter.52

50

Id. Briles, Dr. J., Face Your Financial Fears Part 1 (November 21, 2004), at http://www.msmoney.com/mm/financial_health /articles/face_fears1.htm. 52 Rennison, C.M., supra note 13, 1, 2.
51

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B. The Effectiveness of Services for Battered Women Will Decrease If Shelters Admit Male Residents and the Physical Safety of Women Could Be Compromised. 1. A gender-based distinction is helpful to battered women because female victims of domestic violence need a safe haven. It is always important to question the value of distinctions made on the basis of gender.53 Yet society has embraced gender distinctions in particular situations, especially those involving certain living arrangements and atmospheres invoking notions of sexuality without classifying these arrangements as discriminatory. Womens bathrooms, womens locker rooms, separate sex dormitories at universities, womens rape crisis centers, and battered womens shelters are examples of the limited circumstances in which gender and sex classifications are significant, important, and deserving of deference. Male batterers abuse their wives or partners in ways that are closely related to the status, identity, and roles of women.54 As the statistics set forth above reveal, being female is the strongest risk factor for whether an individual will be a victim of domestic violence.55 Prohibiting women-only domestic violence shelters will not promote gender equality. It is an attempt to be gender neutral that fails

53

See, e.g. Healy, K., et al., Batterer Intervention: Program Approaches and Criminal Justice Strategies, U.S. Department of Justice 35, 47-48 (1998). 54 See, e.g., Weiner, R. D., Shifting the Communication Burden: A Meaningful Consent Standard in Rape, 6 Harv. Womens L.J. 143, 147-49 (1983). 55 Report of the American Psychological Association Presidential Task Force, Violence and the Family 19 (1996).

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because of the unique circumstances of these victims and the societal pressures that they face as women. Admitting men into battered womens shelters would undermine the core purpose of the shelters to provide a safe haven for emotionally traumatized and physically abused women and their children. Women quickly lose their support system and thus frequently have no one to help guide them through their troubled relationships. Victims of domestic violence need to rebuild a support system after they have been subjected to domestic violence. Womens groups and spaces provide a support system by allowing members to discuss their experiences and comfort one another.56 If men are admitted, this will not only open up the possibility that women may be raped or physically assaulted at the shelters the very problems women are trying to escape from but will also inhibit women from freely sharing their experiences. Shelters are usually in secret locations in order to protect the clients and staff. It goes without saying that it would be extremely difficult to protect women if the shelters are co-ed. As a result of the potential threat that a batterer would pose as a victim to gain access to his wife, ex-wife or girlfriend, shelters would be required to increase their staffing in order to adequately screen shelter applicants. Shelter staff would be placed in the unenviable position of trying to judge the

56

See, e.g, Morgan, R. (Ed.), Sisterhood is Powerful: An Anthology of Writings from the Womens Liberation Movements (1970), 379-433.

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credibility of a potential male client to determine whether the individual is truly a victim of violence, or a batterer using a ruse in order to find his partner. The men would constantly have to be evaluated to determine the legitimacy of their claims. Thus, providing shelter to men would result in a sense of alienation in the man and an increased risk to the physical safety of the battered women and staff at the shelter, all while substantially increasing the operational costs of the already financially strapped centers. Amici agree that male victims of domestic violence should have avenues for assistance regardless of their low numbers. Rather than seeking access to shelters with cultures established by three decades of the womens movement, men should establish more programs specifically tailored to help male victims of domestic violence.57 2. Poor women will be disproportionately affected.

Although all battered women and their children suffer when turned away from a shelter due to lack of capacity, there would be a disproportionate impact on poor women if they are turned away from the shelters in even greater numbers. A recent study concluded that violence against women in intimate relationships occurred more than twice as often and was more severe in

57

Davies, J., et al., Safety Planning with Battered Women: Complex Lives/Difficult Choices (Sage Publications, 1998).

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economically disadvantaged neighborhoods.58 Domestic violence leads to many cases of homelessness.59 Poor women not only have fewer resources than other women, they are also less likely to have friends or family able to assist them financially.60 Accordingly, poor women are more likely to be controlled by their batterers hold on economic resources and face additional complications in obtaining assistance with childcare.61 A study of 800 women using Texas battered women's shelters found that access to independent income, child care, and transportation were primary considerations in a battered womans decision to leave her batterer. Only 16% of the women in the study with their own income planned to return to their batterers.62 A shelters denial of services can therefore have a devastating impact on a woman without adequate independent resources. It may mean that her only choices are to stay with her abuser or live on the streets neither of which are

Benson, M.L. and Fox, G.L., When Violence Hits Home: How Economics and Neighborhood Play A Role, National Institute of Justice, NCJ 205004 (September 2004), ii, 1, at http://www.ojp.usdoj.gov/nij/pubs-sum/205004.htm. 59 One-third to one-half of homeless women are on the street because they are fleeing domestic violence. (U.S. Senate, Committee on the Judiciary, 1990.) 60 Williams, J.C., Domestic Violence and Poverty: The Narratives of Homeless Women, Frontiers: A Journal of Women Studies 145 (1998). 61 Coker, D., Shifting Power for Battered Women: Law, Material Resources, and Poor Women of Color, 33 U.C. Davis L. Rev. 1009, 1017-18 (2000) (examining batterers' economic hold on battered women who lack sufficient financial resources); Dutton, M.A., Understanding Women's Responses to Domestic Violence: A Redefinition of Battered Woman Syndrome, 21 Hofstra L. Rev. 1191, 1222, n. 183 (1993) (explaining how battery compounds the difficulties of managing childcare). 62 Gondolf, E., supra note 30.

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helpful solutions to her problems. If she returns to her batterer, the woman and her children face additional abuse and, potentially, an escalation of violence. And if she is on the streets, she also faces great danger, malnutrition, and the certainty that her children will be removed by child protective services. VI. IF SHELTERS ADMIT MEN, BATTERED WOMEN WILL BE DISCOURAGED FROM SEEKING EMERGENCY HOUSING.

The women at battered womens shelters are a unique and especially vulnerable population. The psychological and emotional impact of domestic violence on women is well documented.63 Most women come to shelters so battered and so alienated from the men whom they have known that they were unable to share their new residence with men.64 In order to provide services targeted to battered women, shelters must be careful to recognize the trauma the women experienced and provide as comfortable accommodations as possible under the circumstances. A common element of domestic violence is isolation, and the batterer may be the only man with whom the battered woman had frequent contact. As a result, living in close quarters with unfamiliar men could be extremely traumatic. Many battered women bring their children with them to the shelter. These mothers are much more likely to leave the shelter if they fear that their childrens safety is jeopardized by men at the shelter. Many of these children have already
63

Coker, A., Physical Health Consequences of Physical and Psychological Intimate Partner Violence, Archives of Family Medicine 9(5), 451-7 (2000). 64 Tjaden, supra note 12. 24

been abused by the man that beat their mother and thus are also particularly vulnerable to trauma from further abuse.65 Battered women are also oftentimes sexually assaulted by their batterers, further compounding this fear and discomfort. More than 40% of the women who experience partner rapes and physical assault sustain a physical injury.66 Women who are raped frequently suffer from Rape Trauma Syndrome, where they have severe adverse reactions to men.67 Thus, housing battered women and men together could result in a volatile and potentially dangerous situation for both. In Safety Planning with Battered Women: Complex Lives/Difficult Choices, the authors identify two types of risks that battered women face: batterer-generated risks and life-generated risks.68 Risks from a batterer include physical injury, threats, the loss of security, housing, income and, potentially, children.69 Life-generated risks involve economic, social, and individual circumstances and for poor women include poverty, lack of health benefits and/or health care, racism, dangerous neighborhoods, and poor schools for their children. If batterer-generated and life-generated risks are considered together - as abused women consider them - it becomes easier to understand why the decision to leave is so difficult. A battered womans decision to go to a shelter is often a

Id. Id. 67 Rape Trauma Syndrome, http://www.rapevictimadvocates.org/trauma.html. 68 M. Davies, J., supra note 57. 69 Id.
66

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fragile one because of the life-generated risks that result from leaving her batterer.70 Most battered women leave and return to their batterers multiple times before leaving permanently. If the battered woman feels physically unsafe or emotionally or psychologically threatened in a shelter by living in close proximity with men, even if those men are also victims of domestic violence and the risk is perceived rather than real, the scale may tip and the battered woman may choose to return to her batterer. VII. CUTTING PUBLIC FUNDING TO BATTERED WOMENS SHELTERS AND/OR ADMITTING MEN WILL ALSO ADVERSELY AFFECT THE CHILDREN OF BATTERED WOMEN. Since women are still by and large the primary caregivers for their children, they frequently take their children with them when they flee to shelters. If battered womens services are cut back, this will also negatively impact the children of domestic violence victims. The following statistics concern the effects of domestic violence on children and society: An estimated three million children in the United States are exposed to domestic violence in their homes each year.71

70

Id. The Facts on Children and Domestic Violence, Family Violence Prevention Fund; Violence in the Family: Report of the American Psychological Association Presidential Task Force on Violence in the Family, American Psychology Association (1996).
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 Studies show that children are being physically abused in about half of the families where the mother is a known victim of domestic assaults.72 Children from homes where domestic violence occurs are physically or sexually abused and/or seriously neglected at a rate 15 times the national average.73 90% of battered women reported that their children were present when they were beaten.74 Children comprise two-thirds of any domestic violence shelter population in the U.S., yet this group of domestic violence victims has been historically underserved.75 Family violence costs the U.S. between $5 and $10 billion annually in medical expenses, police and court costs, shelters and foster care, sick leave, absenteeism from work and non-productivity.76 Children are more likely to exhibit behavioral and physical health problems, including depression, anxiety, and violence towards peers. Without treatment, these children are at an increased risk for delinquency, substance abuse, adult criminal behavior, physical health problems, violent behavior, drug abuse and prostitution, difficulties in their own relationships and are more likely to drop

Edelson, J.L., The Overlap Between Child Maltreatment and Woman Abuse, VAW net, Violence Against Women Online Resources (rev. April 1999), at http://www.vaw.umn.edu/vawnet/overlap.htm. 73 McKay, M., The Link Between Domestic Violence and Child Abuse: Assessment and Treatment Considerations, Child Welfare League of America (1994), 29-39; Jaffe, P. & Sudermann, M, Child Witness of Women Abuse: Research and Community Responses, in Understanding Partner Violence: Prevalence, Causes, Consequences, and Solutions, National Council on Family Relations, Families in Focus Services, Volume II (1995). 74 National Crime Statistics Report (1993). 75 The Childrens Programming Committee of the New York City Interagency Task Force on Domestic Violence Intervention with Child Victim/Witnesses of Domestic Violence (1996). 76 American Medical Assn., Medical News (January 1992).

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out of school.77 Children from homes where domestic violence occurs feel lonely, isolated, depressed, confused and powerless.78 Ironically, as adults, men who have observed domestic violence are three times more likely to abuse their own wives than children of nonviolent parents, with sons of the most violent parents being 1,000 times more likely to continue the cycle of abuse.79 Therefore, if women and their children are forced to stay with their batterers because there are fewer emergency shelters and available services, this is likely to perpetuate the cycle of abuse which is passed down from generation to generation. // // // // // // // // // // // //
77
78 79

Id.

Ibid. American Psychological Assn., Violence in the Family, 1996. 28

VIII.

CONCLUSION

Appellants use of the legal system as a weapon to deprive battered women and their children of emergency services should not be tolerated. Women-only shelters provide valuable programs and services to battered women and their children and rely upon State funding to assist them. Therefore, amici curiae urge this Court to affirm the trial courts ruling and uphold the California legislation which is aimed at helping the vast majority of domestic violence victims.

DATED: December___, 2004

Respectfully Submitted,

By:________________________ HELENE E. SWANSON JAIME M. GHER QUEENS BENCH BAR ASSOCIATION, Amici Curiae

DATED: December __, 2004

By:________________________ NANCY K.D. LEMON AMY KEATING THE CALIFORNIA ALLIANCE AGAINST DOMESTIC VIOLENCE, Amici Curiae

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CERTIFICATE OF COMPLIANCE WITH WORD COUNT Pursuant to Rule 14 of the California Rules of Court, I certify that the attached amici curiae brief is proportionally spaced, has a Times 13-point typeface, and contains 9,311 words. I understand that this is within the word limit set forth in the California Rules of Court and I have relied upon the word count as set forth by Microsoft Word.

DATED: December 16, 2004

___________________________ HELENE E. SWANSON

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APPENDIX A STATEMENTS OF INTEREST OF AMICI CURIAE QUEENS BENCH BAR ASSOCIATION OF THE SAN FRANCISCO BAY AREA Founded in 1921, Queens Bench Bar Association of the San Francisco Bay Area (QB) is a non-profit voluntary membership organization whose members are women attorneys, judges and law students. QBs mission is to promote and ensure equal rights and opportunities for all women through the promotion of collective action in issues of importance to women and their children, and to further the adoption of legislative and judicial reforms fostering the full and equal participation of women in society and the work place. QB has a recognized history of working to protect the rights of both women and minors. This year, QBs Domestic Violence Committee sponsored a seminar to educate and disseminate information about domestic violence and the law. QB also supported the efforts of CORA (the Community Overcoming Relationship Abuse, San Mateos only domestic violence nonprofit) to increase private funding for CORA and achieve their goal of helping women and their children escape from domestic violence and end the cycle of abuse. QB has a history of supporting the rights of women and has fought continuously for gender equality in employment, health care and other areas, for more than eighty years. QB has participated as amicus curiae in many cases, including in support of the freedom of custodial families, the majority of which are headed by women, to pursue opportunities for improving their circumstances and relocate to other areas to seek safety from domestic violence; in a case concerning the rights of a biological mother during the legal waiting period for the adoption of her child; and in favor of reaffirming the privacy rights of minor women in California. CALIFORNIA ALLIANCE AGAINST DOMESTIC VIOLENCE The California Alliance Against Domestic Violence (CAADV) is the federally recognized domestic violence state coalition. Its members include domestic violence service organizations, supportive organizations, survivors of domestic violence, and other concerned individuals. CAADV works to end domestic violence through public education, partnerships, advocacy, public policy, and direct services and is member driven. // // // // 31

THE CALIFORNIA COMMISSION ON THE STATUS OF WOMEN The California Commission on the Status of Women has the largest constituency of any organization, agency or department in State Government. Representing over 50% of Californias population it is the only agency specifically dedicated to protecting the interests of California women and girls ensuring women have equal rights and opportunity and that enacted legislation does not discriminate against women or otherwise undermine their status or their opportunities. Established in 1965 as an Advisory Commission under former Governor Pat Brown, then signed into law as a permanent Commission by former Governor Ronald Reagan in 1971, the Commission is charged with the directive to study, recommend, and advise the Governor and the Legislature on inequities in laws, practices and conditions that affect women. Commissioners are appointed by the Governor, the President Pro Tem of the Senate, and the Speaker of the Assembly. The Superintendent of Public Education and the Labor Commissioner are statutory members. As an independent state agency, it does not duplicate the work of any other agency or organization in either the public or private sector. Among the Commissions priorities is particular concern for the needs of the underserved, including those with limited English language ability, women in correctional facilities, and the working poor. The Commission seeks to support public policies that meet the needs of women and girls throughout California. A significant result of that advocacy is often cost avoidance for the State of California. (For example, given the fact that 80% of teen parents become welfare recipients, funding for teen pregnancy prevention programs saves the state money in the long run.) To carry out is mandate, the Commission: Holds hearings on issues impacting women, including Adolescent Mental Health in California and briefings on Women and Girls in the Criminal Justice System and Gender Equity in Education. In 2003, cosponsored a hearing with Hispanas Organized for Political Equality (HOPE) on The Impact of Budget Cuts on Latinas as part of Latina Action Day, and a Legislative Briefing on Womens Health in partnership with the California Womens Health Care Partnership. Cosponsored with HOPE, the United Way, and the Womens Foundation a forum in Visalia on the topic of Young Womens Issues in the Central Valley. Conducts research and publishes reports on issues related to women. Publications include Understanding Child Care: A Primer for Policy Makers, in partnership with the Institute for Research on Women and Families. In May 2002, the Commission collaborated with The Womens Foundation on Failing to Make Ends Meet: A Report on the Economic Status of Women in California. 32

 Provides testimony and participates in public and legislative committee hearings. Conducts presentations, assists in workshops, and advises other agencies and womens organizations on issues affecting women and girls. Initiates and supports statewide womens networks to provide positive direction on issues of importance to women. Sponsored the 2002 Association of California Commissions for Women Annual Convention. Reviews all bills introduced in each legislative session, advising the Governor, the Legislature and the public on the pros and cons of legislation significant to women. Publishes a Summary of New Laws and disseminates Legislative Alerts on important issues. Participates, monitors, and appoints members to the Advisory Committee on Sexual Assault Victim Services and Prevention programs in conjunction with the Office of Criminal Justice Planning. Serves as a cosponsor for the Working Families Policy Summit. Developed and presented recommendations on Workplace Policies for the January 2003 event. Participates in efforts to improve womens opportunities in the workplace, including the Blue Ribbon Committee on Women in Apprenticeship and the Older Women Workers Initiative. Promotes and supports implementation of pay equity within State government and in the private sector. Cosponsors and serves on the Steering Committee of Women in Action Lobby Day. Collaborator in the California Womens Health Care Partnership. Active in the California Legislative Roundtable. In the last two years, the Commission has partnered with more than 100 organizations to address public policy issues effecting women.
For more information about the Commissions Legislative Agenda, visit www.women.ca.gov.

BREAK THE CYCLE Break the Cycle is an innovative national nonprofit organization whose mission is to engage, educate and empower youth to build lives and communities free from dating and domestic violence. Break the Cycle furthers this mission by providing young people, ages 12 to 22, with preventive education, free legal services, advocacy and support. Break the Cycle has two California offices, located in Los Angeles and San Francisco, that provide a continuum of services aimed to prevent and end domestic violence in the lives and futures of youth. Break the Cycles Education & Outreach Program provides a law-based dating and domestic violence prevention program through an interactive curriculum for youth and trainings for adults who work with youth. The Legal Services Program offers sensitive, confidential and free legal advice, counsel and representation to young people who are 33

experiencing abuse in their relationships or homes. Break the Cycles Peer Leadership Program engages youth in the organizations mission to end domestic violence, empowering them to become the next generation of leaders in the domestic violence prevention movement. BUILDING FUTURES WITH WOMEN AND CHILDREN Building Futures with Women and Childrens mission is to end homelessness and domestic violence by providing community education, outreach, housing, and supportive services to help women become independent and capable of caring for themselves and their children. CALIFORNIA WOMEN LAWYERS ASSOCIATION California Women Lawyers (CWL) is a non-profit, umbrella organization for women's bar associations throughout the state of California. Chartered in 1974, CWL serves as a network that permits California's women attorneys, judges, law professors and law students to work together to achieve common goals, including the protection of civil rights of all individuals. CWL actively engages in the public policy debate concerning the rights of women and children and prepares or joins others in presenting amicus briefs in cases affecting constitutional rights, especially those that have a special impact on women and children. LEGAL MOMENTUM (FORMERLY NOW EDUCATION AND DEFENSE FUND) Legal Momentum (the new name of NOW Legal Defense and Education Fund) advances the rights of women and girls by using the power of the law and creating innovative public policy. It is the nations oldest legal advocacy organization devoted to womens rights. Legal Momentum is dedicated to working to end violence against women. It is proud to have participated in the drafting of and in leading support for the Violence Against Women Act of 1994 and its reauthorization in 2000, to help ensure that safe shelters are available to women subject to violence. NATIONAL ORGANIZATION FOR MEN AGAINST SEXISM The National Organization for Men Against Sexism (NOMAS) is an activist organization of men and women supporting positive changes for men. NOMAS advocates a perspective for enhancing men's lives that is pro-feminist, gay-affirmative, anti-racist, and committed to justice on a broad range of social issues including class, age, religion, and physical abilities.

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We affirm that working to make this nation's ideals of equality a reality is the finest expression of what it means to be men. We believe that the new opportunities becoming available to women and men through the feminist movement will be beneficial to both. Men can become happier and more fulfilled human beings by challenging the old-fashioned rules of masculinity that embody the assumption of male superiority. Traditional masculinity includes many positive characteristics in which we take pride and find strength, but it also contains qualities that have limited and harmed us. We are deeply supportive of men who are struggling with the issues of traditional masculinity. As an organization dedicated to changing men, we care about men and are especially concerned with men's problems, as well as the difficult issues in most men's lives. As an organization for changing men, we strongly support the continuing struggle of women for full equality. We applaud and support the insights and positive social changes that feminism has stimulated for both women and men. We oppose such injustices to women as economic and legal discrimination, rape, domestic violence, sexual harassment, and many others. Women and men can and do work together as allies to change the injustices that have so often made them see one another as enemies. One of the strongest and deepest anxieties of many American men is their fear of homosexuality. This homophobia contributes directly to the many injustices experienced by gay, lesbian and bisexual persons, and is a debilitating restriction for many heterosexual men. We call for an end to all forms of discrimination based on sexual-affectional orientation, and for the creation of a gay affirmative society. The enduring injustice of racism, which like sexism has long divided humankind into unequal and isolated groups, is of particular concern to us. Racism touches all of us and remains a primary source of inequality and oppression in our society. NOMAS members are committed to examining and challenging racism in ourselves, our organizations, and our communities. We also acknowledge that many people are oppressed today because of their class, age, religion, and physical condition. We believe that such injustices are vitally connected to sexism, with its fundamental premise of unequal distribution of power. Our goal is to change not just ourselves and other men, but also the institutions that create inequality. We welcome any person who agrees in substance with these principles to membership in the National Organization for Men Against Sexism. STUDENTS OPPOSING DOMESTIC VIOLENCE The mission of Students Opposing Domestic Violence (STOP DV) is to raise awareness and foster education about the cycles of domestic violence and the 35

legal contexts that surround intimate partner abuse. STOP DV is committed to working within and beyond our legal community in order to challenge current conceptions and to define domestic violence as unacceptable in our society. WOMEN LAWYERS ASSOCIATION OF LOS ANGELES Women Lawyers Association of Los Angeles (WLALA) is a nonprofit organization comprised primarily of attorneys and judges in Los Angeles County. Founded in 1919, WLALA is dedicated to promoting the full participation of women lawyers and judges in the legal profession, maintaining the integrity of our legal system by advocating principles of fairness and equality, and improving the status of women in our society. To further these goals, WLALA has joined amicus briefs in cases before both the United States Supreme Court and California Supreme Court having a significant impact on women's rights. WLALA now joins the defendant domestic violence shelters here in urging this court to affirm the trial court's order sustaining the demurrer to Mr. Blumhorst's challenge to state-funded shelters that serve only women and their children. WLALA places a high priority on protecting women's rights in the domestic violence area, and eliminating state funding for women's domestic violence shelters would threaten their very existence.

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PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO I am employed in the County of San Francisco, State of California. I am over the age of 18 and I am not a party to this action. My business address is 456 Montgomery Street, 20th Floor, San Francisco, California 94114. On December 17, 2004, I served the foregoing document described as: APPLICATION AND BRIEF OF AMICI CURIAE IN SUPPORT OF RESPONDENTS OF QUEENS BENCH BAR ASSOCIATION OF THE SAN FRANCISCO BAY AREA, THE CALIFORNIA ALLIANCE AGAINST DOMESTIC VIOLENCE, CALIFORNIA COMMISSION ON THE STATUS OF WOMEN, BUILDING FUTURES FOR WOMEN AND CHILDREN, BREAK THE CYCLE, CALIFORNIA WOMEN LAWYERS, NATIONAL ORGANIZATION FOR MEN AGAINST SEXISM, STUDENTS OPPOSING DOMESTIC VIOLENCE, AND WOMEN LAWYERS ASSOCIATION OF LOS ANGELES on the interested parties in this action, by placing a true copy thereof enclosed in a sealed envelope in the United States mail with first class postage fully prepaid, and by Express Mail (where indicated below), addressed as follows: California Court of Appeal Second Appellate District, Division Five Clerks Office 300 So. Spring Street, Room 2217 Los Angeles, CA 90013 (Original + 4 Copies) (VIA FEDERAL EXPRESS) California Supreme Court 350 McAllister Street San Francisco, CA 94102-4783 Office of the Clerk: 415-865-7000 (5 Copies) (VIA FEDERAL EXPRESS) HONORABLE JON MAYEDA, JUDGE OF THE SUPERIOR COURT OF THE COUNTY OF LOS ANGELES Clerk, Court of Superior Court Los Angeles, CA (1 Copy) (VIA FEDERAL EXPRESS) 37

VIA FIRST CLASS MAIL: Marc E. Angelucci, Esq. LAW OFFICE OF MARC E. ANGELUCCI 609 Westmoreland Avenue, Suite 2E Los Angeles, CA 90005 Attorney for Appellant, ELDON RAY BLUMHORST Vicki Barker Marci Fukuroda CALIFORNIA WOMENS LAW CENTER 3460 Wilshire Blvd., Suite 1102 Los Angeles, CA 90010 Attorneys for Respondents Gordon E. Kirschner Adam J. Karr OMELVENY & MYERS LLP 400 So. Hope Street Los Angeles, CA 90071-2899 Attorneys for Respondents Beth A. Kahn Gregory G. Gorman Pamela A. Hill MORRIS, POLICH & PURDY LLP 1055 W. Seventh Street 24th Floor Los Angeles, CA 90017 Attorneys for Respondent, HAVEN HOUSE, INC. I declare under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed this December 17, 2004, at San Francisco, California. ________________________________

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