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Torts
Premises Liability
False Arrest

Stephen Winick v. Beverly Hilton Hotel, Hilton Hotels Corp., Hilton Management LLC, Hilton Worldwide Inc., Oasis BH LLC, Oasis Realty, Oasis West Realty, Beny Alagem, and Sergio Bocci / Hilton Management LLC v. Stephen Winick and Does 1 through 25

Published: Feb. 25, 2017 | Result Date: Nov. 4, 2016 | Filing Date: Jan. 1, 1900 |

Case number: SC119732 consolidated with BC516374 Verdict –  Defense

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Bradley I. Kramer
(Law Offices of Bradley I. Kramer M.D., Esq.)


Defendant

Joel N. Klevens
(Glaser, Weil, Fink, Howard, Avchen & Shapiro LLP)


Facts

On Jan. 14, 2012, during a Golden Globes event at the Beverly Hilton Hotel, plaintiff, a photographer, was placed under citizens' arrest by an employee of the hotel. He was placed in custody of the Beverly Hills Police Department and charged with trespassing, although the charge was later dropped. Plaintiff sued the hotel, its owner, and related entities.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was lawfully on the premises as a professional photographer invitee and that his arrest and subsequent trespassing charge were unlawful. Plaintiff asserted causes of action for false arrest, false imprisonment, malicious prosecution, and violation of civil rights.

DEFENDANT'S CONTENTIONS:
The Beverly Hilton Hotel contended that plaintiff lacked press credentials and had trespassed on the property several times before. Furthermore, the event was a private event closed to the public, and hotel personnel properly effectuated a citizens' arrest after the police informed the hotel that it could do so.

Result

The jury returned a defense verdict. It also found for the Beverly Hilton Hotel on its trespassing counterclaim.


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