Barbara Padilla et al v. City of Anaheim et al

Filing 161

JUDGMENT ON JURY VERDICT by Judge James V. Selna. IT IS ORDERED, ADJUDGED AND DECREED that said Plaintiffs take nothing and that Defendants City of Anaheim and David Garcia have and recover from Plaintiffs, their costs to be awarded at a later date. (MD JS-6, Case Terminated). (twdb)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CALIFORNIA 92805
[phone]
FAX [phone]

OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM

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BARBARA PADILLA AND
MARIO CEJA,

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Case No.:

SACV12-622 JVS(JPRx)

Plaintiffs,
v.
CITY OF ANAHEIM, ANAHEIM
POLICE DEPARTMENT, AND
DOE OFFICERS OF THE
ANAHEIM POLICE
DEPARTMENT, AND DOES 1
through 10, Inclusive,,
Defendants.

JUDGMENT ON JURY VERDICT

Trial Date: November 12, 2014
Time:
8:30 a.m.
Place:
Ctrm. 10C
Action Filed:
Trial Date:

04/20/12
11/12/14

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Case No. SACV12-622 JVS (JPRx)

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This action came on regularly for trial on November 12, 2014 in

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Courtroom 10C of the United States District Court, the Hon. James V. Selna,

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presiding; the Plaintiffs appeared by attorney Federico Sayre, Treyzon &

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Associates, and the Defendants appeared by attorney Moses W. Johnson, IV,

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Assistant City Attorney.

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

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

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jury was duly instructed by the Court and the cause was submitted to the jury

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with directions to return a special verdict. The jury deliberated and thereafter

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returned into Court with its verdict as follows:

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1.

Did Plaintiffs prove by a preponderance of the evidence that Officer

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Garcia violated Marcel Ceja's civil rights under federal law or his rights under

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state law through the use [of] unreasonable (excessive) force in arresting or

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detaining, preventing the escape of, or overcoming the resistance of, Marcel

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Ceja?

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Yes

X

No

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2.

Did Plaintiffs prove by a preponderance of the evidence that Officer

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Garcia was negligent in using deadly force under the totality of the

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circumstances?

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Yes

X

No

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It appearing by reason of said verdict that: Defendants are entitled to
judgment against Plaintiffs.
//

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NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED

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that said Plaintiffs take nothing by their complaint filed herein on April 20, 2012

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and September 27, 2012, and that Defendants City of Anaheim and David Garcia

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have and recover from Plaintiffs, their costs to be awarded at a later date.

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Dated: December 04, 2014

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HON. JAMES V. SELNA
United States Judge

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