Maria Parra et al v. City of Los Angeles et al

Filing 99

JUDGMENT AFTER TRIAL BY JURY by Judge Philip S. Gutierrez: Judgment be and hereby is entered in favor of Defendants and against the Plaintiffs; Plaintiffs shall taken nothing; Defendants recover their costs of suit herein. (MD JS-6, Case Terminated). (ir)

CARMEN A. TRUTANICH, City Attorney (SBN # 86629x)
GARY G. GEUS~ Chief Assistant City Attorney
2 CORY M. BRENIE Assistant City Attorney
RENA M. SHAHANDEH, Deputy City Attorney (SBN - 198072)
3 200 North Main Street! 6th Floor, City Hall East
Los Angeles CA 900 2
E-FILED 05/18/11
4 Tel: [phone] Fax: [phone]
JS-6
e-mail: [e-mail]
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Attorntys for Defendants CITY OF LOS ANGELES, JORGE ALFARO AND
JACOB AVALOS

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MARIA PARRA, individuallY and as
successor in interest to the ESTATE OF
SERGIO ROSAS; and JOSE ROSAS,
individuallY" and as successor in interest to
the ESTATe OF SERGIO ROSAS

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Plaintiffs,

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CASE NO. CV 09-05304 PSG (lCx)
Assigned to Hon. Philip S. Gutierrez

[PROPOSED) JUDGMENT
AFTER TRIAL BY JURY

vs.
CITY OF LOS ANGELES ' JORGE
ALFARO; JACOB AVAL b S; and
DOES 1-10, inclusive,

Defendants.

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TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR

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ATTORNEYS OF RECORD THEREIN:

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This action came on regularly for trial on May 10, 2011 in Courtroom "880"

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of the United States District Court for the Central District of California before the

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Honorable Philip S. Gutierrez, United States District Court Judge. Plaintiffs MARIA

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PARRA, individually, and as successor in interest to the ESTATE OF SERGIO ROSAS;

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and JOSE ROSAS, individually, and as successor in interest to the ESTATE OF

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SERGIO ROSAS were represented by Pete R. Navarro. The Defendants CITY OF LOS

ANGELES, JORGE ALFARO and JACOB AVALOS, were represented by Deputy City
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Attorney Rena M. Shahandeh.
A jury of eight (8) persons were regularly empaneled and sworn.

4 Witnesses were sworn and testified and documentary evidence was introduced and
5 admitted into evidence. During trial, one juror was excused for cause and by stipulation
6 of both counsel. The cause was submitted to the remaining 7 jurors with directions to
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return a verdict on the issues, if after proper deliberations, they could do so. After

8 hearing the evidence and arguments of counsel, the jury deliberated and thereafter
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returned to the court with their unanimous verdict as follows, to-wit:
JURY VERDICT

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WE, THE JURY, in the above-entitled action, unanimously find on the
questions presented as follows:

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QUESTION NO.1: Do you find that Jorge Alfaro used unreasonable force in
violation of Sergio Rosas' constitutional rights? (Please check one)
yes

no

X

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QUESTION NO.2: Do you find that Jacob Avalos used unreasonable force in
violation of Sergio Rosas' constitutional rights? (Please check one)
yes

no

X

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QUESTION NO.3: Do you find that the actions of Jorge Alfaro violated the
Plaintiffs' rights to familial association? (Please check one)
yes

no

X

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QUESTION NO.4: Do you find that the actions of Jacob Avalos violated the
Plaintiffs' rights to familial association? (Please check one)
yes

no

X
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Please proceed to Question No.5 only if you have answered "yes" to either Question No.
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1, 2, 3 or 4. If you answered "no" to each of these questions, answer no further

3 questions. Please date, sign and return this form.
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QUESTION NO.5: Do you find by a preponderance of the evidence that either

6 Jorge Alfaro or Jacob Avalos was guilty of malice or oppression such as to justify the
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imposition of punitive damages?

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Jorge Alfaro:

yes

no_ _

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Jacob Avalos:

yes

no_ _

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Please date, sign and return this form.

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/s/

DATED: _-,,-5_-....,13'--~1'-'1_

Presiding Juror

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JUDGMENT

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THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

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1.

against the Plaintiffs;

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That judgment be, and hereby is, entered in favor of the Defendants and

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That the Plaintiffs shall take nothing;

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That the Defendants recover their costs of suit herein.

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DATED:

05/18/11

HONORABLE PHILIP S. GUTIERREZ
UNITED STATES DISTRICT COURT JUDGE

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