LE] Judgment after jury trial

Transcription

1 Joshua TO BE FILED IN THE COURT OF APPEAL CIVIL CASE INFORMATION STATEMENT Court of Appeal Case Number (if known) COURT OF APPEAL, SECOND APPELLATE DISTRICT, DIVISION p B APP-004 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and address): Ic_,.-. FOR COUR*tISE o c/i t. C.D.Michel S.B.N R. Dale S.B.N Michel & Associates, P.C. 180 East Ocean Blvd., TELEPHONE NO.: (562) FAXNO.(Optional): 1 ) (562) ADDRESS(Optiona/): CMichel@michellaWyers.com._, ArroRNEYFoR(Name: APPELLANTS APPELLANT: David R. Davis, et al.,. RESPONDENT: The City of Los Angeles, et al. : LOS ANGELES STREETADDRESS: North Hill Street MAILING ADDRESS: North Hill Street CITYANDZIPCODE: Los Angeles, CA BRANCH NAME: Stanley Mosk Courthouse SUPERIOR COURT OF CALIFORNIA, COUNTY OF JUDGES (all who participated in case): Honorable James C. Chalfant Superior Court Case Number: -, 9 BS NOTE TO APPELLANT: You must file this form with the clerk of the Court of Appeal within 10 days after the clerk mails you a notice that this form must be filed. You must attach to this form (1) a copy of the judgment or order being appealed that shows the date it was entered (see Cal. Rules of Court, rule for definition of entered ); and (2) proof of service of this form on all parties to the appeal. (CAUTION: An appeal in a limited civil case (Code Civ. Proc., 85) may be taken ONLY to the appellate division of the superior court (Code Civ. Proc., 904.2) or to the superior court (Code Civ. Proc., [small claims cases]). A. APPEALABILITY PART I APPEAL INFORMATION 1. Appeal is from: LE] Judgment after jury trial [71 Judgment after court trial LZ Default judgment L1 Judgment after an order granting a summary judgment motion Judgment of dismissal under Code Civ. Proc., 581d, , , or Judgment of dismissal after an order sustaining a demurrer Eli An order after judgment under Code Civ. Proc., 904.1(a)(2) El An order or judgment under Code Civ. Proc., 904.1(a)(3) (13) El Other (describe and specify code section that authorizes this appeal): 2. Does the judgment appealed from dispose of all causes of action, including all cross-actions between the parties? Yes No (If no, please explain why the judgment is appealable): B. TIMELINESS OF APPEAL (Provide all applicable dates.) 1. Date of entry of judgment or order appealed from: 5 / 25 / Date that notice of er.try of jyigmepor a copy of the judgment was served by the clerk or by a party under California Rules of Court, rule 8.104: / / IL 3. Was a motion for new trial, for judgment notwithstanding the verdict, for reconsideration, or to vacate the judgment made and denied? El Yes RI No (If yes, please specify the type of motion): Date notice of intention to move for new trial (if any) filed: I I Date motion filed: I / Date motion denied: I / Date denial served: I / 4. Date notice of L71 appeal or Eli cross-appeal filed: 5 / 31 / 12 C. BANKRUPTCY OR OTHER STAY Is there a related bankruptcy case or a court-ordered stay that affects this appeal? Eli Yes LZI No (If yes, please attach a copy of the bankruptcy petition [without attachments] and any stay order.) Form Adopted for Mandatory Use APP-004 [Rev. January 1,20111 CIVIL CASE INFORMATION STATEMENT V (Appellate)

2 APPELLATE CASE TITLE: David R. Davis et a!. v. City of Los Ange!es et a!. APPELLATE COURT CASE NUMBER: B D. APPELLATE CASE HISTORY (Provide additional information, if necessaiy, on attachment ID.) Is there now, or has there previously been, any appeal, writ, or other proceeding related to this case pending in any California appellate court? LEI Yes LZ] No (If yes, insert name of appellate court): Appellate court case no.: Name of trial court: E. SERVICE REQUIREMENTS Title of case: Trial court case no.: Is service of documents in this matter, including a notice of appeal, petition, or brief, required on the Attorney General or other nonparty public officer or agency under California Rules of Court, rule 8.29 or a statute? Yes NoF7J (If yes, please indicate the rule or statute that applies): APP-004 El Rule 8.29 (e.g., constitutional challenge; state or county party) El Code Civ. Proc., 1355 (Escheat) El Bus. & Prof. Code, (Antitrust) El Gov. Code, 946.6(d) (Actions against public entities) El Bus. & Prof. Code, (Unfair Competition Act) LEI Gov. Code, 4461 (Disabled access to public buildings) El Bus. & Prof. Code, (False advertising) EE Gov. Code, 12656(a) (False Claims Act) El Civ. Code, 51.1 (Unruh, Ralph, or Bane Civil Rights El Health & Saf. Code, (Accessible seating and Acts; antiboycott cause of action; sexual harassment accommodations) in business or professional relations; civil rights action El Health & Saf. Code, (Disabled access to by district attorney) privately funded public accommodations) LEI Civ. Code, 55.2 (Disabled access to public El Pub. Resources Code, (CEQA) conveyances, accommodations, and housing) El Other (specify statute): NOTE: The rule and statutory provisions listed above require service of a copy of a party s notice of appeal, petition, or b1 on the Attorney General or other public officer or agency. Other statutes requiring service on the Attorney General or other public officers or agencies may also apply. A. Nature of action (check all that apply): 1. El Conservatorship 2. El Contract 3. El Eminent domain a. El Medical malpractice c. LE Other personal injury e. El Other tort (describe): 10. El Trust proceedings ii. L1 Writ proceedings in superior court a. El Mandate (Code Civ. Proc., 1085) c. LZI Prohibition (Code Civ. Proc., 1102) PART II NATURE OF ACTION. El Equitable action a. El Declaratory relief b. El Other (describe): 5. El Family law 6. El Guardianship. El Probate 8. El Real property rights a. El Title of real property b. El Other (describe): 9. El Tort 12. El Otheraction (describe): b. LEI Product liability d. LII Personal property B. El This appeal is entitled to calendar preference/priority on appeal (cite authority): b. El Administrative mandate (Code Civ. Proc., ) d. LEI Other (describe): APP-004 [Rev January CIVIL CASE INFORMATION STATEMENT (Appellate) Page 2013

3 APPELLATE CASE TITLE: David R. Davis et al. v. City of Los Ang&es et al. PART III - PARTY AND ATTORNEY INFORMATION APPELLATE COURT CASE NUMBER: B APP-004 In the spaces below or on a separate page or pages, list all the parties and all their attorneys of record who will participate in the appeal. For each party, provide all of the information requested on the left side of the page. On the right side of the page, if a party is self-represented please check the appropriate box and provide the party s mailing address, telephone number, fax number, and address. If a party is represented by an attorney, on the right side of the page, check the appropriate box and provide ail of the requested information about that party s attorney. L?Z1 Responses to Part Ill are attached instead of below Name of Party: Li Represented by attomey Self-represented Name of attorney: Appeilate court designation: Appellant El Respondent State Bar no: Firm name: Trial court designation: Mailing address: El Plaintiff El Defendant El Other (specify): Telephone no.: Fax no: address: Name of Party: El Represented by attorney Self-represented Name of attorney: Appeilate court designation: El Appellant El Respondent State Bar no: Trial court designation: El Plaintiff LEI Defendant Firm name: Mailing address: El Other (specify): Telephone no.: Fax no: address: Name of Party: [] Represented by attorney Self-represented Appellate court designation: Name of attorney: El Appellant El Respondent State Bar no: Firm name: Trial court designation: Mailing address: El Plaintiff E] Defendant El Other (specify): Telephone no.: Fax no: address: Name of Party: El Represented by attorney EZ] Seif-represented Name of attorney: Appeilate court designation: El Appellant El Respondent State Bar no: Firm name: Mailing address: Trial court designation: El Plaintiff El Defendant El Other (specify): Telephone no.: Fax no: address: El Additional pages attached Date: June 8, 2012 This statement is prepared and submitted by: (SIGNATURE OF ATTORNEY OR SELF-REPRESENTEO PARTY) APP-004 [Rev. January ] CIVIL CASE INFORMATION STATEMENT (Appellate) Page 3of3

4 David R. Davis et a!. V. The City oflos Angeles et a!. Superior Court Case No.: BS Appeal Case No.: B ATTACHMENT TO CIVIL CASE INFORMATION STATEMENT Name of Party: Appellate Court Trial Court Represented by Designation: Designation: Attorney/Self-represented: Appellant/Respondent Plaintiff/Defendant David R. Davis Appellant Plaintiff Attorney: C. D. Michel Brian Goldstein Appellant Plaintiff Attorney: C. D. Michel Jacob Daniel Hill Appellant Plaintiff Attorney: C. D. Michel Eric Feder Appellant Plaintiff Attorney: C. D. Michel

5 Paul Cohen Appellant Plaintiff Attorney: C. D. Michel Chris Butler Appellant Plaintiff Attorney: C. D. Michel Scott Austin Appellant Plaintiff Attorney: C. D. Michel Jill Brown Appellant Plaintiff Attorney: C. D. Michel Lisa Siegel Appellant Plaintiff Attorney: C. D. Michel State BarNo.: City of Los Angeles Appellant Plaintiff Attorney: C. D. Michel

6 Los Angeles Police Respondent Defendant Attorney: Debra L. Gonzales Department Chief State Bar No.: Charlie Beck Firm Name: Los Angeles City Attorney s Office Mailing Address: Office of the City Attorney 200 North Main St. 800 CHE, Los Angeles, CA Tel: (213) Fax: (213) Debra.Gonzales@lacitv.org Los Angeles Police Respondent Defendant Attorney: Debra L. Gonzales Department State Bar No.: Firm Name: Los Angeles City Attorney s Office Mailing Address: Office of the City Attorney 200 North Main St. 800 CHE, Los Angeles, CA Tel: (213) Fax: (213) Debra.Gonzales@lacitv.org

7 C. D. Michel - SBN Joshua R. Dale - SBN Tamara M. Rider - SBN MICIIEL & ASSOCIATES, P.C. 180 East Ocean Blvd., Suite 200 Long Beach, CA Telephone: (562) Attorneys for Plaintiffs and Appellants Burton C. Jacobson, SBN Franklin S. Adler, SBN ATTORNEYS AT LAW Beverly Hills Law Building 424 South Beverly Drive Beverly Hills, California Tel: (310) Attorneys for Plaintiffs and Appellants ORIGINAL FILED NAY3 CIVIL APp CM lii IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES CENTRAL DISTRICT DAVID R. DAVIS, et al., CASE NO.: BS Plaintiffs and Petitioners, CITY OF LOS ANGELES, et al., I/I III I/I vs. Defendants and Respondents. ) )) ) )) ) 1 NOTICE OF APPEAL [Code of Civ. Proc., & 1110; Cal. Rule of Ct (a)(1)] The Honorable James C. Chalfant Department 85 (cc /

8 1 TO THIS COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: 2 NOTICE IS HEREBY GIVEN that Plaintiffs and Appellants, David R. Davis, Jacob 3 Daniel Hill, Brian Goldstein, Paul Cohen, Jill Brown, Chris Butler, Scott Austin, Eric Feder, and 4 Lisa Siegel, hereby appeal to the Court of Appeal of the State of California, Second Appellate 5 District, from the final judgment in this matter and all orders that are separately appealable, 6 including, but not limited to, the Judgment entered on May 25, 2012, in Department 85 of the 7 above-entitled court. Attached hereto as Exhibit A is the Los Angeles Superior Court Judgment 8 Denying Petition for Peremptory Writ of Mandate Dated: May 30, 2012 MICHEL & ASSOCIATES, P.C. Dale, Attorneys for Plaintiffs and Appellants 2

9 EXHIBIT A

10 FILED Superior Court of California County of Los Angeles MAY John A. Clarke, Executive Officer/Clerk Deputy ANN ETT FAJARDO SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT DAVID R. DAVIS, et a!., CASE NO. BS Plaintiffs/Petitioners [Assigned to Hon. James C. Chalfant] I JUDGMENT TITION FOR PEREMPTORY WRIT OF MANDATE tenying P CITY OF LOS ANGELES, et al., Dept: 85 Defendants/Respondents The trial of the Petition for Peremptory Writ of Mandate was held May 9, 2012, in Department 85 of the Superior Court, the Honorable James C. Chalfant, Judge Presiding. Joshua Dale and Tamara Rider of Michel & Associates, P.C. and Burton Jacobson, Attorney at Law, appeared as counsel for Petitioners. The Office of the Los Angeles City Attorney by Assistant City 0 -Attorney Debra L. Gonzales appeared as counsel for Respondents. The Court reviewed and considered all documents filed in the matter, including Petitioners Trial and Reply briefs in support of the Petition and Respondents Opposition brief. oral argument, the Court made the following rulings: i/i After hearing

11 DATED: 1. The petition for writ of mandate is denied for the reasons given in the court s tentative decision, which the court adopted on May 9, 2012 as its statement of decision. 2. Each of the parties shall bear their own costs, attorneys fees and other expenses. LET JUDGMENT BE ENTERED ACCORDINGLY JAMES C. CHALFANT JUDGE OF THE SUPERIOR COURT 2

12 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 200 N. Main Street, City Hall East Room 800, Los Angeles, CA On May 24, 2012, I served the foregoing document described as: [PROPOSED] JUDGMENT DENYING PETITION FOR PEREMPTORY WRIT OF MANDATE on the interested party(ies) in this action by placing the true copy(ies) thereof enclosed in sealed envelope(s) addressed as follows: Burton C. Jacobson Franklin S. Adler Attorney at Law Beverly Hills Law Building 424 South Beverly Drive Beverly Hills, CA bcj lawaoi.corn Tel (310) ; Fax (310) C.D. Michel Joshua R. Dale Tamara M. Rider Michel & Associates, P.C. 180 East Ocean Blvd., Suite 200 Long Beach, CA crnichel@michellawyers.com Tel (562) ; Fax (562) BY MAIL I caused each envelope with postage fully prepaid, to be placed in the United States Mail at Los Angeles, California. I thereafter caused such envelope to be deposited in the mail at Los Angles, California, with first class postage thereon fully prepaid. I am readily familiar with the business practice for collection and processing of correspondence for mailing. Under that practice, it is deposited with the United States Postal Service on that same day, at Los Angeles, California; in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one (1) day after the date of deposit for mailing in affidavit. [XI BY FACSIMILE TRANSMISSION I caused such documents to be transmitted to the offices of the addressee via facsimile machine, prior to 5:00 p.m. on the date specified above. The facsimile machine I used was in compliance with Rule (2003(3), and the transmission was reported as complete without error. Pursuant to Rule 2008(e), 1 caused a copy of the transmission report to be properly issued by transmitting facsimile. Executed May 24, 2012, at Los Angeles, California. (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction whose service was made. 3 J.n.aJafl12.XZ.Z IT IflflK xr,xtm flflk,,fl I r flr.r.r.-ntfl.. t%nn flr flfls trvflfl. 57 S

13 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA 3 COUNTY OF LOS ANGELES 4 I, Claudia Ayala, am employed in the City of Long Beach, Los Angeles County, California. I am over the age eighteen (18) years and am not a party to the within action. My 5 business address is 180 East Ocean Blvd., Suite 200, Long Beach, California On May 30, 2012, I served the foregoing document(s) described as 7 NOTICE OF APPEAL 8 on the interested parties in this action by placing [ j the original 9 [X] a true and correct copy thereof enclosed in sealed envelope(s) addressed as follows: SEE ATTACHED SERVICE LIST 12 X (BY MAIL) As follows: I am readily familia? with the firm s practice of collection and 13 processing correspondence for mailing. Under the practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Long Beach, 14 California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date is more than one day after 15 date of deposit for mailing an affidavit. Executed on May 30, 2012, at Long Beach, California. 16 (PERSONAL SERVICE) I caused such envelope to delivered by hand to the offices of the 17 addressee. Executed on May 30, 2012, at Long Beach, California. 18 (OVERNIGHT MAIL) As follows: I am readily familiar with the firm s practice of 19 collection and processing correspondence for overnight delivery by UPS/FED-EX. Under the practice it would be deposited with a facility regularly maintained by UPS/FED-EX for 20 receipt on the same day in the ordinary course of business. Such envelope was sealed and placed for collection and delivery by UPS/FED-EX with delivery fees paid or provided for 21 in accordance. Executed on May 30, 2012, at Long Beach, California. 22 X (STATE) I declare under penalty of perjury under the laws of the State of California that 23 the foregoing is true and correct. 24 (FEDERAL) I declare that I am employed in the office of the member of the bar of this court at whose direction the service was ma.) CIUDi-AY LA 28 3

14 1 SERVICE LIST 2 ANTHONY MARIO ASSENZA, et al. v. THE CITY OFLOSANGELES, et al. 6 Carmen A. Trutanich, City Attorney Carlos Dc La Guerra, Managing City Attorney Debra L. Gonzalez, Assistant City Attorney CITY OF LOS ANGELES 200 North Main Street City Hall East, Room 800 Los Angeles, CA Burton C. Jacobson Co-Counsel 8 ATTORNEYS AT LAW Beverly Hills Law Building South Beverly Drive Beverly Hills, California Honorable James C. Chalfant Judge 11 Los Angeles Superior Court Stanley Mosk Courthouse North Hill Street Los Angeles, CA Department 85 Attorneys for Defendants/Respondents Charlie Beck and City of Los Angeles 14 Clerk of the Court 15 Los Angeles Superior Court Stanley Mosk Courthouse North Hill Street Los Angeles, CA Clerk

15 (OVERNIGHT 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA 3 COUNTY OF LOS ANGELES 4 I, Claudia Ayala, am employed in the City of Long Beach, Los Angeles County, California. I am over the age eighteen (18) years and am not a party to the within action. My 5 business address is 180 East Ocean Blvd., Suite 200, Long Beach, California On June 8, 2012, I served the foregoing document(s) described as 7 CIVIL CASE INFORMATION STATEMENT 8 on the interested parties in this action by placing [ ] the original 9 [Xj a true and correct copy thereof enclosed in sealed envelope(s) addressed as follows: 11 SEE ATTACHED SERVICE LIST 12 X (BY MAIL) As follows: I am readily familiar with the firm s practice of collection and 13 processing correspondence for mailing. Under the practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Long Beach, 14 California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date is more than one day after 15 date of deposit for mailing an affidavit. Executed on June 8, 2012, at Long Beach, California. 16 (PERSONAL SERVICE) I caused such envelope to delivered by hand to the offices of the addressee. Executed on June 8, 2012, at Long Beach, California. 18 MAIL) As follows: I am readily familiar with the firm s practice of 19 collection and processing correspondence for overnight delivery by UPS/FED-EX. Under the practice it would be deposited with a facility regularly maintained by UPS/FED-EX for 20 receipt on the same day in the ordinary course of business. Such envelope was sealed and placed for collection and delivery by UPS/FED-EX with delivery fees paid or provided for 21 in accordance. Executed on June 8, 2012, at Long Beach, California. 22 X (STATE) I declare under penalty of perjury under the laws of the State of California that 23 the foregoing is true and correct (FEDERAL) I declare that I am employed in court at whose direction the service was member of the bar of this 26 CLAUDIA A A CIVIL (ASE INFORMATION STATEMENT

16 1 SERVICE LIST 2 DAVID R. DAVIS, et al. v. THE CITY OF LOS ANGELES, et al Carmen A. Trutanich, City Attorney Attorneys for Defendants/Respondents Carlos De La Guerra, Managing City Attorney Charlie Beck and City of Los Angeles Debra L. Gonzalez, Assistant City Attorney CITY OF LOS ANGELES 200 North Main Street City Hall East, Room 800 Los Angeles, CA Burton C. Jacobson Co-Counsel 8 ATTORNEYS AT LAW Beverly Hills Law Building South Beverly Drive Beverly Hills, California Honorable James C. Chalfant Judge 11 Los Angeles Superior Court Stanley Mosk Courthouse North Hill Street Los Angeles, CA Department Clerk of the Court Clerk 15 Los Angeles Superior Court Stanley Mosk Courthouse North Hill Street Los Angeles, CA CIVIL CASE NFORMATION STATEMENT

17 ,- ARM: ;xc :.. su: r:: ZL2: zip r :1: -r c/p. c DAT SECRETARY ATTORNEY ATTORNEY FILE # D TODAY RETURN TODAY Mark X for special assignment(s). RUSH CHARGES APPLY Sianaf ATTORNEY IS ER VICE I I N C 0 R/O R A T E D Long Beach Torrance Fax PLAINTIFF: )t ki - 4- I COURT: D()- t o- j-.4 VS. I JUDICIAL DIST: DEFENDANT: C clç LzS Ard APPROVED DIREC 2 ) -ej4 CITY: \.r,fq.v4il4c) CASE# {( 3 1 BILLING: ADJUSTER: CARRIER NAME: INSURED: Ir ADDRESS: CLAiM NUMBER: CITY, STATE, & ZIP: DATE OF LOSS: HEARING FEES PAID! FE UST ALL DOCUMENTS: DATE DATE CJd S-Q IYc 5-k-ntt 1-n; I2 C..) 3r / f4 NSTRUCTONS: HLE BY ( SERVE BY DEPT. CLERK IMPORTANT y FILE SERVE DELIVER \. OFFICE USE COPY GIS OTHER 2-e à COURT PROCESS DEUVERY RETURN ADV FEE ADV CHG TIME I \ LI RESIDENCE LI BUSINESS MALE FEMALE RACE AGE HT WT HAIR DATE (..QEij2Y\.RUNNER 2\ :s- DATE 2nd SUBMIT RUNNER TOTAL Irm- A5SGNT# z :<. OKAY LI - ov LI BACK TO COURT LI REJECTED LI BACK TO COU NO CONFORM I SHERIFF DROP C/W DROP OP RCV OP I 1T REJECTED FILE C/Wj FILEDP j ATIY CK OUR CK CASH (nmnrrtr Mai1in Address: P.O. Box Long Beach, CA