Fernando A. Zamacona v. Price Club
Published: Apr. 3, 1999 | Result Date: Mar. 4, 1999 | Filing Date: Jan. 1, 1900 |Case number: PC016215W Verdict – $3,250,000
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Richard A. Love
(Love LLP)
Defendant
David B. Shapiro
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
Plaintiff Fernando Zamacona is a Los Angeles County Deputy Sheriff with a combined 26 years of experience working for the sheriff's separtment, and previously the Los Angeles County Marshall's office. On Nov. 14, 1994, the plaintiff went to the Price Club in Northridge with a friend to purchase a Makita battery powered drill, which plaintiff paid for, along with a battery which was sold separately for $22.99. Upon exiting the store, the plaintiff was detained by a Price Club internal security employee, who asked plaintiff to re-enter the store. The plaintiff complied, was taken to the store office where he was accused of stealing a second Makita battery, which was in the drill, and was placed under a private person's arrest by the Price Club employees. The Los Angeles Police were summoned, and transported plaintiff to the Devonshire Station at the insistence of the Price Club employees, where he was booked for misdemeanor shoplifting, and released on his own recognizance over 5 hours after the detention and arrest. The plaintiff denied the theft both initially to the Price Club employees, to the LAPD, and during the subsequent investigation by the Sheriff's Department. The plaintiff's wife was an attorney with the Los Angeles City Attorney's Office, which declared a conflict. The matter was referred to the Los Angeles District Attorney's office, which twice declined to prosecute. The plaintiff was relieved of duty by the sheriff's department immediately after his booking during the evening of Nov. 14, 1994. The Sheriff's department conducted a five month investigation through its Internal Affairs division, following which plaintiff was reinstated to duty without discipline. During the five month Internal Affairs investigation, the plaintiff was confined to his residence between the hours of 8 a.m. and 5 p.m. Monday through Friday.
Settlement Discussions
The plaintiff made a settlement demand for $500,000 after five trial days, which was withdrawn, and $2.5 million during punitive damage deliberations, which was rejected. The defendant made an offer for $500 before the first trial and ended in a hung jury (7-5 plaintiff) on the false areest claim, the defendant made no offers before the second trial.
Other Information
The verdict was reached approximately three years and three months after the case was filed. The case was initially tried in June 1998, resulting in a defense verdict on the defamation and intentional infliction of emotional distress claims, and a mistrial (7-5 plaintiff) on the false arrest and malicious prosecution claims. The malicious prosecution claim was dismissed by the plaintiff immediately prior to the re-trial.
Deliberation
3½ days on liability and damages eight hours on punitive damages
Poll
9-3 (false arrest and general damages) 10-2 (oppresion and malice) 10-2 (punitive damages)
Length
ten days
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