Luz Rivera et al v. County of Los Angeles et al

Filing 42

JUDGMENT ON SPECIAL VERDICT AFTER JURY TRIAL by Judge Stephen V. Wilson, Now, therefore, it is ORDERED, ADJUDGED AND DECREED that Plaintiff CHRISTIAN PAYAN have and recover nothing by reason of each of his federal claims set forth in his Complaint against Defendants, DEPUTY JASON PUGA, DEPUTY EDWARD MARTINEZ and DET. OMAR MIRANDA, and that Defendants DEPUTY JASON PUGA, DEPUTY EDWARD MARTINEZ and DET. OMAR MIRANDA shall recover costs in accordance with Local Rule 54. The Court, having resolved all federal claims, declines to entertain thesupplemental state law claims and dismisses those claims without prejudice. [Dkt. 65.] (pj)

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Courtroom 6 of the above-entitled United States District Court, Central District of

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California, the Honorable Stephen v. Wilson, Judge Presiding.

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Plaintiff CHRISTIAN PAYAN appeared by attorneys Gilbert Saucedo and

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Humberto Diaz. Defendants, DET. OMAR MIRANDA, DEPUTY JASON PUGA

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and DEPUTY EDWARD MARTINEZ appeared by attorneys Ashlee P. Clark and

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Janet L. Keuper.

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A jury of 8 persons was regularly impaneled and sworn. Witnesses were

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sworn and testified. Following presentation of evidence, the Court granted

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NONSUIT as to Defendant, DET. OMAR MIRANDA. The jury was thereafter

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duly instructed by the Court. After arguments of counsel, the cause was submitted

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to the jury with directions to return a verdict on special issues. The jury

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deliberated and thereafter returned into Court with its verdict consisting of the

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issues submitted to the jury, and the answers given thereto by the jury, which said

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in words and figures as follows, to-wit:

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JUDGMENT ON SPECIAL VERDICT

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“TITLE OF THE COURT AND CAUSE”

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The jury unanimously answers the following questions:

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1. Fourth Amendment - Unreasonable Search

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“Do you find by a preponderance of the evidence that Christian

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Payan’s Fourth Amendment right to be free from an unreasonable search was

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violated?”

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Answer: No
2. Fourth Amendment - Unreasonable Seizure
“Do you find by a preponderance of the evidence that Christian Payan’s
Fourth Amendment right to be free from an unreasonable seizure of his person?”

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Answer: No

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“Do you find by a preponderance of the evidence that Christian Payan’s

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Fourth Amendment right to be free from an unreasonable seizure of his property?”
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Answer: No

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“Do you find by a preponderance of the evidence that Christian

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Payan’s Fourth Amendment right to be free from an unreasonable seizure of his

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person?”
Answer: No”

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***

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Dated: 3/19/15

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/s/
Jury Foreperson

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By reason of said special jury verdict, Defendants, DEPUTY JASON PUGA

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and DEPUTY EDWARD MARTINEZ are entitled to Judgment against Plaintiff

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CHRISTIAN PAYAN.

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Now, therefore, it is ORDERED, ADJUDGED AND DECREED that

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Plaintiff CHRISTIAN PAYAN have and recover nothing by reason of each of his

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federal claims set forth in his Complaint against Defendants, DEPUTY JASON

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PUGA, DEPUTY EDWARD MARTINEZ and DET. OMAR MIRANDA, and that

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Defendants DEPUTY JASON PUGA, DEPUTY EDWARD MARTINEZ and

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DET. OMAR MIRANDA shall recover costs in accordance with Local Rule 54.

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The Court, having resolved all federal claims, declines to entertain the

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supplemental state law claims and dismisses those claims without prejudice. [Dkt.

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65.]

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Dated: ________________
April 15, 2015

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HON. STEPHEN V. WILSON
United States District Court Judge

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