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)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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) 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,
)
)
)
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Defendants.
)

11 DONATA HARDY
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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

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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) 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,
)
)
)
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Defendants.
)

11 DONATA HARDY
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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?

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1 ANSWER:

Yes

No X

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If you answer “No” to Question No. 1, have your presiding juror sign and date this

4 verdict form.
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If you answer “Yes” to Question No. 1, proceed to answer Question No. 2.

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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?
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11 ANSWER:

No

Yes

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If you answer “No” to Question No. 2, have your presiding juror sign and date this

14 verdict form.
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If you answer “Yes” to Question No. 2, proceed to answer Question No. 3.

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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?
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22 ANSWER:

No

Yes

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25 Now answer Question No. 4.
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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?
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a.

Economic loss, lost earnings

$___________

b.

Non-economic loss, including physical
pain, mental suffering and/or emotional
distress

$___________

TOTAL

$___________

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11 Now answer Question No. 5.
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13 QUESTION NO. 5:

Did the Plaintiff prove by clear and convincing evidence that

14 Defendant acted with malice?
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16 ANSWER:

Yes

No

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18 Now answer Question No. 6.
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20 QUESTION NO. 6:

Did the Plaintiff prove by clear and convincing evidence that

21 Defendant acted with Oppression?
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23 ANSWER:

Yes

No

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25 Now answer Question No. 7.
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1 QUESTION NO. 7:

Did the Plaintiff prove by clear and convincing evidence that

2 Defendant acted with Reckless disregard?
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4 ANSWER:

Yes

No

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8 DATED: 11-9-2011
FOREPERSON
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ORIGINAL SIGNED BY THE FOREPERSON

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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.

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Dated: December 6, 2011

_____________________________
JOHN A. KRONSTADT
United States District Judge

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