Gladis Herrera, et al. v. City of Ontario, et al.

Filing 112

FINAL JUDGMENT by Judge Jesus G. Bernal, in favor of Gladis Herrera, Ivan Herrera, Marlon Herrera against City of Ontario, Nick Diaz, Re 111 . (MD JS-6, Case Terminated). (twdb)

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JS-6

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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GLADIS HERRERA, an individual
and as successor in interest to Jose Raul
Herrera; IVAN HERRERA, an
individual and as successor in interest
to Jose Raul Herrera; and MARLON
HERRERA an individual and as
successor in interest to Jose Raul
Herrera,

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Plaintiffs,
v.

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CITY OF ONTARIO, a municipality;
and DOES 1-10, inclusive,

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Defendants.

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{DSR/00050544. }

Case No. 5:15-CV-1370 JGB (SPx)
Hon. Jesus G. Bernal
FINAL JUDGMENT
Trial Date: November 1, 2016

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This action came on regularly for trial on November 1, 2016 in Courtroom 1

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of the United States District Court, Central District of California, Honorable Jesus

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G. Bernal, presiding. Plaintiffs, Gladis Herrera, Marlon Herrera and Ivan Herrera

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were represented by attorney Dale K. Galipo and Melanie T. Partow of the Law

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Offices of Dale K. Galipo. Defendants City of Ontario and Nick Diaz were

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represented by Dennis M. Cota and Daniel S. Roberts Cota Cole, LLP.

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A jury of eight persons was regularly empaneled and sworn. Witnesses were

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sworn and testified. After hearing the evidence and arguments of counsel, the jury

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was duly instructed by the Court and the case was submitted to the jury. The jury

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deliberated and thereafter returned a verdict as follows:
QUESTION 1:
Did Officer Diaz use excessive or unreasonable force against Jose Herrera?

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__________ YES

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QUESTION 2:
Was the use of excessive or unreasonable force by Officer Diaz a cause of
harm or death to Jose Herrera?

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__________ YES

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_____X______ NO

_____________ NO

QUESTION 3:
What are Jose Herrera’s damages for his loss of life, loss of enjoyment of life
and for his pre-death pain and suffering?

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Jose Raul Herrera

____________

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{DSR/00050544. }

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QUESTION 4:
Was Officer Diaz negligent in his conduct towards Jose Herrera?

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____X______ YES

_____________ NO

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QUESTION 5:
Was the negligence of Officer Diaz a cause of Jose Herrera’s death?

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____X______ YES

_____________ NO

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QUESTION 6:
Was Jose Herrera negligent?

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____X______ YES

_____________ NO

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QUESTION 7:
Was Jose Herrera’s negligence a cause of his death?

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____X______ YES

_____________ NO

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QUESTION 8:

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Assuming that 100% represents the total negligence of all individuals, what

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percentage of negligence do you assign to Mr. Herrera, which you believe caused

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Mr. Herrera’s death?

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_____55______ %

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{DSR/00050544. }

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QUESTION 9:
Did Ivan and/or Marlon suffer serious emotional distress as a result of
perceiving the use of force against Jose Herrera?

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Marlon Herrera

____X_____ YES

_____________ NO

Ivan Herrera

____X_____ YES

_____________ NO

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QUESTION 10:
What are Ivan and/or Marlon Herrera’s damages for past and future severe

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emotional distress that they suffered as a result of perceiving the death of Jose

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Herrera?

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Marlon Herrera

$____100,000___________

Ivan Herrera

$____100,000___________

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QUESTION 11:
What are Plaintiffs’ damages for their past and future loss of Jose Herrera’s

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love, companionship, comfort, care, assistance, protection, affection, society and

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moral support?

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A. Gladis Herrera

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Gladis Herrera: Past and future loss of Jose

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Herrera’s love, companionship, comfort, care,

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assistance, protection, affection, society, moral

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support and marital consortium.

$__300,000_________

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{DSR/00050544. }

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Gladis Herrera’s past and future loss of financial

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support:

$__400,000_________

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B. Marlon Herrera

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Marlon Herrera’s past and future loss of Jose

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Herrera’s love, companionship, comfort, care,

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assistance, protection, affection, society and moral

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support.

$__150,000_________

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C. Ivan Herrera

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Ivan Herrera’s past and future loss of Jose

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Herrera’s love, companionship, comfort, care,

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assistance, protection, affection, society and moral

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support.

$__150,000_________

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NOW THEREFORE IT IS ORDERED, ADJUDGED AND DECREED that
final judgment in this action be entered as follows:

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1.

Judgment in the sum of $540,000 plus costs pursuant to Federal Rule

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of Civil Procedure 54(d)(1), plus interest on $

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provided by 28 U.S.C. § 1961, is entered against Defendant Nick Diaz and the City

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of Ontario in favor of Plaintiffs Gladis Herrera, Marlon Herrera and Ivan Herrera.

, 00 at the rate specified

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IT IS SO ORDERED.
Dated:

, 2017

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Jesus G. Bernal
esus G. Bernal
UNITED
UNITED STATES DISTRICT JUDGE
E
JUD

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{DSR/00050544. }

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