Jack Goldberg v. Hollywood Park
Published: Jul. 26, 1997 | Result Date: May 9, 1997 | Filing Date: Jan. 1, 1900 |Case number: YC015787 Bench Decision – $0
Facts
On April 29, 1992, plaintiff Jack Goldberg, a 57-year-old self-employed man, went to a pari-mutuel window in the Clubhouse of defendant Hollywood Park Race Track to collect his winnings and to place a wager on the eighth race. Just after he left the window, a pari-mutuel clerk and former defendant claimed she realized that the plaintiff had taken a wrapped package of money that she had placed on the counter amounting to $10,000. His net winnings were supposed to be a little over $5,000. The clerk immediately called Hollywood Park security. Shortly thereafter, as the clerk was giving a description of the plaintiff to security personnnel, the plaintiff appeared near the pari-mutuel window. The plaintiff claimed he was approached by Hollywood Park security and accused of theft. The plaintiff also claimed that some of his money was confiscated and that he was detained for some time. The defendant claimed that in the investigation, the plaintiff was simply overpaid, that an investigation ensued and that the plaintiff was not mishandled. The defendant also claimed that after straightening out the money shortage/overpayment, the plaintiff refused to produce his identification for nearly an hour, thereby prolonging the investigation. The plaintiff claimed a Hollywood Park Security employee took him by the arm and walked him approximately 8 to 10 feet away from the pari-mutuel window for further questioning. Throughout the incident, which lasted one and one-half hours, the plaintiff was very excited and admittedly could not think clearly. The plaintiff brought this action against the defendant based on false imprisonment theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $50,000. The defendant made no settlement offers.
Specials in Evidence
$______________ $______________
Injuries
The plaintiff claimed he suffered heart palpitations, chest pains and anxiety. The defendant claimed all these symptoms predated the incident.
Other Information
The decision was rendered approximately five years after the case was filed. An arbitration was held in 1993 resulting in a defense award. The plaintiff requested a trial de novo.
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