Donata Hardy v. City of Los Angeles et al

Filing 100

JUDGMENT ON SPECIAL VERDICT by Judge John A Kronstadt, in favor of City of Los Angeles, Los Angeles Police Department, Bart Landsman against Donata Hardy. Plaintiff shall take nothing. Defendants shall recover costs of suit. (shb)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 ) CASE NO. CV 10-2243 JAK (RZx) ) Assigned to: Honorable John A. Kronstadt ) Courtroom: 750 (Roybal) ) Plaintiff, ) Assigned to: Magistrate Ralph Zarefsky ) Courtroom: 540 (Roybal) vs. ) ) ) JUDGMENT ON SPECIAL ) VERDICT CITY OF LOS ANGELES; LOS ANGELES ) POLICE DEPARTMENT; BART ) LANDSMAN, and DOES 1-10, ) ) ) ) Defendants. ) 11 DONATA HARDY 12 13 14 15 16 17 18 19 20 21 22 This action came on regularly for trial by jury on November 8, 2011, with Plaintiff, 23 DONATA HARDY, appearing in person and by RAMI M. KAYYALI, her attorney, and 24 Defendants CITY OF LOS ANGELES and BART LANDSMAN, appearing in person 25 and by and through RICHARD M. ARIAS, Deputy City Attorney; a jury of nine person 26 was duly impaneled and sworn; witnesses testified; evidence was received; and after 27 being duly instructed by the court, the jury deliberated and thereon returned the following 28 special verdict: 1 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 ) CASE NO. CV 10-2243 JAK (RZx) ) Assigned to: Honorable John A. Kronstadt ) Courtroom: 750 (Roybal) ) Plaintiff, ) Assigned to: Magistrate Ralph Zarefsky ) Courtroom: 540 (Roybal) vs. ) ) ) JOINT SPECIAL VERDICT FORM ) CITY OF LOS ANGELES; LOS ANGELES ) POLICE DEPARTMENT; BART ) LANDSMAN, and DOES 1-10, ) ) ) ) Defendants. ) 11 DONATA HARDY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WE, THE JURY, in the above-entitled action find the following special verdict on the questions submitted to us: QUESTION NO. 1: Did the Plaintiff prove by a preponderance of the evidence that Defendant Bart Landsman, arrest Plaintiff Donata Hardy without probable cause? 28 2 1 ANSWER: Yes No X 2 3 If you answer “No” to Question No. 1, have your presiding juror sign and date this 4 verdict form. 5 If you answer “Yes” to Question No. 1, proceed to answer Question No. 2. 6 7 QUESTION NO. 2: Did the Plaintiff prove by a preponderance of the evidence that 8 the arrest of Plaintiff without probable cause was a cause of injury, damage or loss to the 9 Plaintiff Donata Hardy? 10 11 ANSWER: No Yes 12 13 If you answer “No” to Question No. 2, have your presiding juror sign and date this 14 verdict form. 15 If you answer “Yes” to Question No. 2, proceed to answer Question No. 3. 16 17 18 QUESTION NO. 3: Did the Plaintiff prove by a preponderance of the evidence that 19 Defendant Bart Landsman intentionally and deliberately submitted false information to 20 the prosecutor? 21 22 ANSWER: No Yes 23 24 25 Now answer Question No. 4. 26 27 28 3 1 QUESTION NO. 4: What do you find by a preponderance of the evidence to be the 2 total amount of damages, if any, suffered by Plaintiff? 3 4 5 6 a. Economic loss, lost earnings $___________ b. Non-economic loss, including physical pain, mental suffering and/or emotional distress $___________ TOTAL $___________ 7 8 9 10 11 Now answer Question No. 5. 12 13 QUESTION NO. 5: Did the Plaintiff prove by clear and convincing evidence that 14 Defendant acted with malice? 15 16 ANSWER: Yes No 17 18 Now answer Question No. 6. 19 20 QUESTION NO. 6: Did the Plaintiff prove by clear and convincing evidence that 21 Defendant acted with Oppression? 22 23 ANSWER: Yes No 24 25 Now answer Question No. 7. 26 27 28 4 1 QUESTION NO. 7: Did the Plaintiff prove by clear and convincing evidence that 2 Defendant acted with Reckless disregard? 3 4 ANSWER: Yes No 5 6 7 8 DATED: 11-9-2011 FOREPERSON 9 ORIGINAL SIGNED BY THE FOREPERSON 10 11 12 13 14 15 16 17 18 19 JUDGMENT THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: 1. That judgment be, and hereby is, entered in favor of the Defendants and against the Plaintiff; 2. That the Plaintiff shall take nothing; 3. That the Defendants recover their costs of suit herein. 20 21 22 23 Dated: December 6, 2011 _____________________________ JOHN A. KRONSTADT United States District Judge 24 25 26 27 28 5

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?