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LORONA v. SHERIFF

United States District Court, S.D. California


September 20, 2005.

MARIA T. LORONA, Plaintiff,
v.
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 Plaintiff? NO.
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 Defendant;

  2. Plaintiff takes nothing by way of her complaint against Defendant; and,

  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.

 by serving: Ronald E. Serna, Esq. Law Office of Ronald E. Serna 1005 State Street El Centro, CA 92243 Telephone: 760.352.3130 Facsimile: 760.352.4763

  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.

20050920

© 1992-2005 VersusLaw Inc.



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