A California Highway Patrol officer claims members of the Tulare Police Department (TPD) violated his rights repeatedly during the fallout of a bad breakup with one of its officers.
Michael Mota, a local patrolman for the CHP, claims he was wrongly evicted from the home he shared with TPD officer Lupita Hernandez based on false information she provided to her fellow officers. Mota also said officers sought retaliation after he made claims of misconduct within the department. Mota’s allegations are detailed in a civil rights lawsuit filed August 25 in Tulare County Superior Court.
Named as defendants in the action are Officer Hernandez, the City of Tulare, TPD Chief Fred Ynclan and retired TPD Chief Jerod Boatman.
The city has yet to file a formal response. A preliminary hearing is set for 8:30 a.m. on January 6, 2027 before Judge Nathan Ide.
CHP Officer Accused of Stalking, Harassment
According to the case filed by Visalia attorney Derek Wisehart on Mota’s behalf, a letter written by the Tulare city attorney’s office – Griswold, Lasalle, Cobb, Down and Gin – ordered Mota to avoid all contact with Hernandez. However, the notice was not personally delivered to Mota, but rather “published” by the defendants. Copies of the letter were sent to Mota’s employer at the CHP and his father.
The letter – dated May 25, 2025 – informed Mota he would face further legal action, including filing for a workplace violence restraining order against him, if he failed to comply with its requirements. Such an order would cause Mota to lose the right to carry a firearm, thus threatening his employment, the suit said.
The suit further claims the letter falsely accused Mota of stalking and harassing Hernandez, and its demands included staying away from the residence Mota and Hernandez shared. Mota’s suit claims the locks on the home were changed illegally by Hernandez in an illegal eviction without due process. The lockout occurred on May 6, 2025.
These alleged violations of Mota’s rights were performed “under the color of authority, without warrant, without a judicial court order, without any eviction notice or order, and did so under the threat to ruin (Mota’s) job and career.”
Suit Alleges Inappropriate Workplace Relationship
Melissa Wilcox, Tulare’s chief deputy city clerk, acknowledged the suit in a statement and said City Hall is preparing a response:
“In regard to the complaint, the city is aware of the lawsuit filed by Michael Mota. The complaint contains allegations that have not been proven, and the city is reviewing the matter with legal counsel. Because this involves pending litigation and confidential personnel matters, the city cannot comment on the specific allegations at this time.”
According to Mota’s suit, the accusations against him were untrue, and the information Hernandez supplied to her fellow officers was incomplete. She failed to disclose that she and Mota shared a residence and that the pair were “in a close, personal and sexual relationship.”
The suit also claims Hernandez was maintaining an improper relationship with her direct supervisor TPD Capt. Ray Guerrero. Mota said the pair also engaged in other on-duty misconduct, including coordinating their response to an internal affairs investigation. The suit claims Mota was acting as a whistleblower when he made the allegations against the pair, which was the main motivation for their alleged retaliation.
The suit seeks monetary damages of greater than $35,000 for the violation of Mota’s constitutional rights, retaliation, fraud and infliction of emotional distress.
Wisehart, Mota’s attorney, did not respond to a request for comment.