Preslie Hardwick v. County of Orange et al

Filing 167

JUDGMENT by Judge Josephine L. Staton, in favor of County of Orange, The Estate of Helen Dwojak, Elaine Wilkins, Marcia Vreeken against Preslie Hardwick. (twdb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 PRESLIE HARDWICK,

Case No. 8:13-cv-1390-JLS-ANx

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Plaintiff,

JUDGMENT

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vs.

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COUNTY OF ORANGE, MARCIE

16 VREEKEN, ELAINE WILKINS, THE

ESTATE OF HELEN DWOJAK,

17 SHARON GRIER; and DOES 1-100,
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Defendants.
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This action came on regularly for trial on May 23, 2017, in Courtroom 10A of

22 the United States District Court, Central District of California located at 411 Fourth
23 Street, Santa Ana, California, the Honorable Josephine L. Staton, presiding.
24 Plaintiff Preslie Hardwick appeared by attorneys Robert R. Powell and Dennis
25 Ingols. Defendants Marcie Vreeken, Elaine Wilkins, and the Estate of Helen
26 Dwojak appeared by attorneys Norman J. Watkins and Pancy Lin. A jury of eight
27 persons was regularly impaneled and sworn.
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After hearing all of the evidence, the Court duly instructed the jury, and the
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1 cause was submitted to the jury. On June 5, 2017, the jury returned to the Court a
2 unanimous Special Verdict in favor of Defendants Marcie Vreeken, Elaine Wilkins,
3 and the Estate of Helen Dwojak as follows:
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Question 1:

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Did either defendant named below violate the rights of plaintiff with regard to

6 the hearing held February 17th, 2000?
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YES

NO

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Marcie Vreeken

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X

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Elaine Wilkins

______

X

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If you answered "yes" to either defendant, proceed to Question 2. If you

11 answered "no" to both defendants, skip to Question 3.
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Question 2:

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Did Helen Dwojak violate the rights of plaintiff in her supervisory role over

14 either Marcie Vreeken or Elaine Wilkins, with regard to the hearing held February
15 17th, 2000?
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YES _____

NO _____

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Whether you answered "yes" or "no" to Question 2, go to Question 3.

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Question 3:

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Did defendant Marcie Vreeken violate the rights of plaintiff with regard to the

20 hearing held March 31st, 2000?
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YES _____

NO X

If you answered "yes" proceed to Question 4. If you answered "no" to this

23 Question and "yes" to either defendant in Question 1, skip to Question 5. If you
24 answered "no" to this Question and "no" in Question 1 as to all defendants, skip to
25 the end, and sign and date this form.
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Question 4:

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Did Helen Dwojak violate the rights of plaintiff in her supervisory role over

28 defendant Marcie Vreeken, with regard to the hearing held March 31st, 2000?

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YES _____

NO _____

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Whether you answered "yes" or "no" to Question 4, go to Question 5.

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Question 5:

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If you answered "yes" to any defendant in Question 1, Question 2, Question 3,

5 or Question 4, as to that specific defendant, what is the amount of past and future
6 emotional harm damages appropriate to fairly compensate the Plaintiff for any
7 injury or harm?
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Past Emotional Harm

Future Emotional Harm

9 Marcie Vreeken

$ _______________

$_________________

10 Elaine Wilkins

$ _______________

$_________________

11 Helen Dwojak

$ _______________

$_________________

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If you gave an amount for damages in excess of $1 as to an individual

13 defendant, for that defendant you do not need to answer Question 6. If you did not
14 give an amount for damages as to a defendant, for that defendant, answer Question
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Question 6:

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If you found in favor of the plaintiff against a defendant, but found that the

18 plaintiff failed to prove damages as to that defendant, please enter the amount of
19 nominal damages awarded to plaintiff for that defendant. Nominal damages may
20 not exceed one dollar.
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Marcie Vreeken

$_______________

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Elaine Wilkins

$_______________

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Helen Dwojak

$_______________

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Question 7:

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If you answered "yes" as to any defendant in response to Question 1, Question

26 2, Question 3, or Question 4, then as to that defendant, has the plaintiff proved by a
27 preponderance of the evidence that the defendant acted with malice, oppression, or
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YES

NO

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Marcie Vreeken

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______

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Elaine Wilkins

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______

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Helen Dwojak

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______

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Defendant County of Orange was previously dismissed by Order granting

7 summary judgment dated April 10, 2015.
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NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED

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1.

Defendants County of Orange, Marcie Vreeken, Elaine Wilkins, and

11 the Estate of Helen Dwojak have Judgment in their favor, and Plaintiff Preslie
12 Hardwick takes nothing by way of her operative complaint against these
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2.

Defendants may recover from Plaintiff their costs of suit in accordance

15 with applicable law.
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IT IS SO ORDERED.

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20 Dated: June 7, 2017
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_________________________________
HON. JOSEPHINE L. STATON
UNITED STATES DISTRICT JUDGE

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