Antonio Rendon et al v. City of Indio et al

Filing 126

FINAL JUDGMENT by Judge Virginia A. Phillips, Related to: Jury Trial - Completed 125 : (see document image for specifics). IT IS ADJUDGED, ORDERED AND DECREED THAT: Plaintiffs Antonio Rendon and Valentina Rendon shall have judgment against defenda nts City of Indio and Alex M. Franco, and each of them, in the sum of $1,925,000, with interest thereon at the legal rate per annum, plus attorneys' fees and costs as prevailing parties under their claims brought pursuant to 42 U.S.C. § 1983. The Court orders that such judgment be entered. (MD JS-6, Case Terminated). (ad)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 ANTONIO RENDON AND
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VALENTINA RENDON,
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Plaintiffs, )
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v.
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CITY OF INDIO, ALEX M. )
15 FRANCO,
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Defendants. )
________________________ )
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Case No. EDCV 13-00667
VAP(OPx)
FINAL JUDGMENT

18 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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This action came on regularly for trial on June 17,
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2014, in Courtroom 2 of the above entitled Court, the
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Honorable Virginia A. Phillips, United States District
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Judge presiding.

Plaintiffs Antonio Rendon and Valentina

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Rendon appeared by their attorneys David E. Kenner and
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Brett A. Greenfield of Kenner & Greenfield, and Donald G.
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Norris of Norris & Galanter LLP, and Defendants City of
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Indio and Alex M. Franco appeared by their attorneys,
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John P. McCormick and Nicole Barvie of McCormick &
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Mitchell.

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A jury of eight persons was regularly impaneled and

2 sworn to try the action.

Witnesses were sworn and

3 testified.
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On June 24, 2014, after hearing the evidence, the

6 arguments of counsel and the instructions given to the
7 jury on Phase I (liability), the jury retired to consider
8 its verdict, and on June 25, 2014, returned its special
9 verdict on Phase I by way of answers to the questions
10 propounded to it, as follows:
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Question No. 1: Did defendant Alex Franco use

12 excessive force against decedent Alejandro Rendon?
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Answer: YES

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Question No. 2: Did defendant City of Indio ratify

15 the use of excessive force by defendant Alex Franco?
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Answer: YES

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Question No. 3: Did defendant Alex Franco interfere

18 with plaintiffs' right to familial relationship with
19 their son, Alejandro Rendon?
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Answer: YES

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Question No. 4: Did defendant Alex Franco commit a

22 battery against Alejandro Rendon?
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Answer: YES

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Question No. 5: Did defendant Alex Franco act with

25 malice, oppression or reckless disregard of decedent's
26 rights?
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Answer: NO

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The second phase commenced on June 25, 2014.

On the

2 same day, after hearing the evidence, the arguments of
3 counsel and the instructions given to the jury on Phase
4 II (damages), the jury retired to consider its verdict,
5 and returned its special verdict by way of answers to the
6 question propounded to it, as follows:
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Question No. 1:

What damages, if any, did the

8 plaintiffs, Antonio Rendon and Valentina Rendon, and the
9 decedent, Alejandro Rendon, suffer as a result of the
10 actions of defendants City of Indio and Alex Franco?
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Antonio Rendon

$

175,000

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Valentina Rendon

$

750,000

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Alejandro Rendon

$1,000,000

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By reason of the verdict described above, IT IS

16 ADJUDGED, ORDERED AND DECREED THAT:
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Plaintiffs Antonio Rendon and Valentina Rendon shall

18 have judgment against defendants City of Indio and Alex
19 M. Franco, and each of them, in the sum of $1,925,000,
20 with interest thereon at the legal rate per annum, plus
21 attorneys' fees and costs as prevailing parties under
22 their claims brought pursuant to 42 U.S.C. § 1983.
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The Court orders that such judgment be entered.
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26 Dated: July 3, 2014
VIRGINIA A. PHILLIPS
United States District Judge

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