Carol A Cosentino et al v. Christopher Kurtz et al

Filing 118

JUDGMENT by Judge Gary A. Feess. Judgment is entered in favor of Defendants Christopher Kurtz, Rick Esteves, Jason Klevos, Mark Caswell, Rene Flores, Il Koo Kim, Francisco Quintana, Marko Milosevich, Downey Police Department, and City Of Downey, and against Plaintiffs Carole A. Cosentino, Ronald Bours, D.B. (by and through guardian ad litem Linda Capalbo), and V.B. (by and through guardian ad litem Linda Capalbo) and the Estate of Steven M. Bours, on all claims. It is ordered that Plaintiffs re cover nothing, the action be dismissed on the merits, and the Defendants are the prevailing parties for the purpose of any recovery of allowed costs as set forth in Federal Rule of Civil Procedure 54 and Central District Local Rule 54, and any costs and attorney's fees as the Court may deem to be recoverable will be reserved and determined by the Court upon further proceedings. (rfi)

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David D. Lawrence, Esq. [State Bar No. 123039]
E-Mail: [e-mail]
Christina M. Sprenger, Esq. [State Bar No. 205105]
E-Mail: [e-mail]
Daniel S. Cha, Esq. [State Bar No. 260256]
E-Mail: [e-mail]
LAWRENCE BEACH ALLEN & CHOI, PC
2677 N. Main Street, Suite 370
Santa Ana, California 92705
Telephone No.: [phone]
Facsimile No.: [phone]

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Attorneys for Defendants, CITY OF DOWNEY, DOWNEY POLICE
DEPARTMENT, CHIEF OF POLICE RICK ESTEVES, CHRISTOPHER KURTZ,
and DETECTIVE JASON KLEVOS

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Plaintiff,
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vs.
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CHRISTOPHER KURTZ, RICK
ESTEVES, CHIEF OF POLICE, DET. )
JASON KLEVOS, M. CASWELL, R. )
FLORES, I. KIM, F. QUINTANA, M. )
MILOSEVICH, DOWNEY POLICE
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DEPARTMENT, a governmental entity, )
CITY OF DOWNEY, a governmental )
entity, JOHN DOE, and TEN
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UNKNOWN NAMED DEFENDANTS )
(“DOES” 1 -10), inclusive,
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Defendants.
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CAROLE A. COSENTINO, RONALD
L. BOURS, ESTATE OF STEVEN M.
BOURS, D.B.by and through his
guardian ad litem Linda Capalbo,
individually and as a successor in
interest to Steven Bours; V.B. by and
through his guardian ad litem Linda
Capalbo, individually and as a successor
in interest to Steven Bours,

Case No. CV 11-03206 GAF(SSx)
JUDGMENT

MATTER FOR DETERMINATION
BEFORE THE HONORABLE
GARY A. FEESS

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JUDGMENT

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On December 11, 2012, the entirety of Plaintiffs’ Fifth Claim For Relief for

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violation of 42 U.S.C. § 1983 – First Amendment, the entirety of Plaintiffs’

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Thirteenth Claim For Relief for Wrongful Death under state law, and Plaintiffs

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V.B.’s and D.B.’s Twelfth Claim For Relief for violation of California Civil Code §

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52/§ 52.1, were dismissed with prejudice as a result of the Court’s granting

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Defendants’ Motion For Partial Judgment On The Pleadings.

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On January 8, 2013, Defendants Caswell, Quintana, Kim, Flores, and

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Milosevich were dismissed with prejudice pursuant to the parties’ stipulation. In

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addition, the parties stipulated to the dismissal, with prejudice, of all Plaintiffs’

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claims arising out of the February 22, 2010 incident, including the entirety of the

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Plaintiffs’ First Claim For Relief, and the Second Claim For Relief.

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On February 13, 2013, Plaintiff Estate of Steven Bours’ Twelfth Claim For

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Relief for violation of California Civil Code § 52/§ 52.1 was dismissed with

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prejudice as a result of the Court’s granting Defendants’ Motion For Partial

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Judgment On The Pleadings.

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On March 1, 2013, the entirety of Plaintiffs’ Fourth Claim For Relief for

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violation of 42 U.S.C. § 1983 – Fourteenth Amendment Deliberate Indifference To

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Serious Medical Need was dismissed with prejudice pursuant to the parties’

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stipulation.

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On April 17, 2013, the Court granted the remaining Defendants summary
judgment as to all of Plaintiffs’ remaining claims.

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

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Judgment is entered in favor of Defendants Christopher Kurtz, Rick Esteves,

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Jason Klevos, Mark Caswell, Rene Flores, Il Koo Kim, Francisco Quintana, Marko

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Milosevich, Downey Police Department, and City Of Downey, and against Plaintiffs

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Carole A. Cosentino, Ronald Bours, D.B. (by and through guardian ad litem Linda

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Capalbo), and V.B. (by and through guardian ad litem Linda Capalbo) and the

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Estate of Steven M. Bours, on all claims. It is ordered that Plaintiffs recover
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JUDGMENT

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nothing, the action be dismissed on the merits, and the Defendants are the prevailing

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parties for the purpose of any recovery of allowed costs as set forth in Federal Rule

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of Civil Procedure 54 and Central District Local Rule 54, and any costs and

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attorney’s fees as the Court may deem to be recoverable will be reserved and

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determined by the Court upon further proceedings.

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IT IS SO ORDERED.

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Dated: April 29, 2013

________________________________________
HONORABLE GARY A. FEESS

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JUDGMENT