The opinion of the court was delivered by: Otis D. Wright United States District Judge
PAUL B. BEACH, State Bar No. 166265 firstname.lastname@example.org MATTHEW P. ALLEN, State Bar No. 265118 email@example.com LAWRENCE BEACH ALLEN & CHOI, PC 100 West Broadway, Suite 1200 Glendale, California 91210-1219 Telephone No. (818) 545-1925 Facsimile No. (818) 545-1937 Attorneys for Defendants County of Los Angeles, Edward Boyer, and Sterling Norris
Honorable Otis D. Wright II Consolidated with:
JUDGMENT AFTER TRIAL BY JURY
On June 2, 2009 Defendants County of Los Angeles, Edward Boyer, and Sterling Norris filed a Motion to Dismiss Plaintiff's Second Amended Complaint. On July 16, 2010, the Court granted this Motion as to Defendant Norris. Plaintiff conceded that the County of Los Angeles and Defendant Boyer should also be dismissed. Defendants County of Los Angeles, Edward Boyer, and Sterling Norris filed a proposed Judgment on July 17, 2010, but no final judgment was entered.
This action came on regularly for trial on November 9, 2010, in Courtroom "11" of the United States District Court for the Central District of California before the Honorable Otis D. Wright, II, Trial Judge. Plaintiffs Timothy Gantt and Michael Smith were represented by Chijioke O. Ikonte and Emmanuel C. Akudinobi. The Defendants, City of Los Angeles, Louis Trovato, Jose L. Reyes, Rick Lane, and Al Gonzales, were represented by Deputy City Attorney Surekha A. Pessis and Deputy City Attorney Geoff Plowden.
A jury of twelve (12) persons were regularly empaneled and sworn. Witnesses were sworn and testified and documentary evidence was introduced and admitted into evidence. After hearing the evidence and arguments of counsel, the jury was duly instructed by the Court and the cause was submitted to the jury with directions to return a verdict on the issues if, after proper deliberations, they could do so. The jury deliberated and thereafter returned to the court with their unanimous verdict as follows, to-wit:
"TITLE OF COURT AND CAUSE" "WE, THE JURY, in the above-entitled action, unanimously find on the questions presented as follows: ///
QUESTION NO. 1: Did any of the defendants subject plaintiff Michael Smith to malicious prosecution?
If you answered "yes", please proceed to Question No. 2. If you answered "no", please proceed to Question No. 4.
QUESTION NO. 2: Please place a check mark next to the name of each defendant who caused Michael Smith to be maliciously prosecuted.
Rick Lane _____ Jose Reyes _____
Please proceed to Question No. 3.
QUESTION NO. 3: Was the defendant's conduct as found by you in Question
No. 1 a substantial factor in causing injury to Michael Smith?
Rick Lane YES _____ NO______ Jose Reyes YES ...