United States District Court, S.D. California
September 20, 2005.
MARIA T. LORONA, Plaintiff,
COUNTY OF IMPERIAL; SHERIFF HAROLD D. CARTER; DEPUTY SHERIFF CLINTON ERROS; DEPUTY SHERIFF MARK STORMS; and DOES 1 through 10, Inclusive, Defendants.
The opinion of the court was delivered by: LARRY BURNS, Magistrate Judge
DECLARATION OF SERVICE
The matter of Maria T. Lorona v. County of Imperial, et al.
came to trial on September 12, 2005, in Courtroom 9 of the
above-entitled Court, the Honorable Larry A. Burns, Presiding
Judge. Ronald E. Serna appeared as counsel for plaintiff Maria T.
Lorona ("Plaintiff"). Michael J. Pérez and Nykia J. Wilson
appeared as counsel for defendant Clinton Erro ("Defendant").
A jury of six persons was impaneled and sworn to try the
action. Witnesses on the part of Plaintiff and Defendant were
sworn and examined. After hearing the evidence, the arguments of
counsel, and the instructions of the Court, the jury retired to
consider their verdict. The jury subsequently returned to court
and duly rendered the following verdicts:
1. Did Deputy Erro use excessive force in detaining
2. Did Deputy Erro intentionally touch Maria T.
Lorona with the intent to harm or offend her? NO.
3. Was Deputy Erro negligent? NO.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1. Judgment be entered against Plaintiff and in favor of
2. Plaintiff takes nothing by way of her complaint against
3. A bill of costs and fees shall be presented by Defendant to
the Court for consideration.
IT IS SO ORDERED. I, Michael J. Pérez, declare as follows:
I am a partner at the law firm of Pérez & Wilson LLP, whose
address is 1420 Kettner Boulevard, Suite 600, San Diego,
California 92101. I am over the age of eighteen years, and am not
a party to this action.
On September 20, 2005, I served the following:
1. [PROPOSED] JUDGMENT
on the interested parties in this action by: X U.S. MAIL: I placed a copy in a separate
envelope, with first-class postage fully prepaid, for each
addressee named on the attached list for collection and mailing
on the below indicated day following the ordinary business
practices at Pérez & Wilson LLP. I certify I am
familiar with the ordinary business practices of my place of
employment with regard to collection for mailing with the United
States Postal Service. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date
or postage meter date is more than one day after date of deposit
or mailing affidavit.
X FACSIMILE: I sent a copy via facsimile
transmission to the telefax number(s) indicated below. The
facsimile machine I used complied with California Rules of Court,
Rule 2003 and no error was reported by machine.
Ronald E. Serna, Esq.
Law Office of Ronald E. Serna
1005 State Street
El Centro, CA 92243
I declare that I am a member of the bar of this court at whose
direction the service was made. Executed at San Diego,
California, on September 20, 2005.
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