Confidential
Settlement – $125,000Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Abram C. Zukor
(Zukor & Nelson)
Defendant
Ruben Baeza Jr.
(Office of the City Attorney)
Facts
On Nov. 9, 1996, at approximately 12:30, a.m., the decedent was beaten outside of defendant's restaurant. For approximately eight years prior to the incident, the defendant, whose restaurant was open 24 hours a day, had employed a licensed security guard to provide security inside the premises and in the parking lot on Friday and Saturday nights from 7 p.m. until 2:30 a.m. Defendant security guard was equipped with a baton, handcuffs and mace-type spray. After the decedent and his brother entered the premises, a group of males who were inside the premises began name-calling and yelling aggresively at the brothers. During this time, the guard was in the parking lot, standing around and watching. Decedent's cousin approached the premises and, noticing that words were being exchanged between his cousins and three men who were finger-pointing at them, alerted defendant guard to the situation. At approximately midnight, when the guard became aware of the problem, he entered the restaurant, inserted himself between the two groups and told everyone to leave. It was evident to him that the members of both groups had consumed alcohol. Once outside, when the physical altercation broke out, the guard did nothing to intervene.
Other Information
The settlement was reached in mediation approximately one year and seven months after the case was filed. The mediation occurred in one session before Jeffrey Krivis and two sessions before Judge Irwin Nebron, retired.
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