Facts

Cox Communications (Cox) investigator, Darno DeJohnette, disconnected an unlawful cable connection that he discovered connected to plaintiffs Mark Peterson and Dorry Rada's Vista apartment. Several weeks later, he discovered a new illegal connection was in place.

On Feb. 10, 2007, in the presence of two police officers, DeJohnette interviewed the plaintiffs about their knowledge of the illegal connection. They admitted that they were aware of the connection. DeJohnette placed them under citizen's arrest and they were taken into custody. Ultimately, the prosecutor dropped the charges against them.

The plaintiffs then sued Cox and DeJohnette for false arrest, false imprisonment, and negligence.

PLAINTIFF'S CONTENTIONS:
The plaintiffs claimed that they were attempting to purchase cable and were unaware that the service had been unlawfully connected. They alleged that DeJohnette did not properly investigate the theft because he failed to speak with any other neighbors. The plaintiffs also claimed that Cox was negligent in its hiring and supervision of DeJohnette.

DEFENDANT'S CONTENTIONS:
Cox claimed that the plaintiffs had admitted to committing a crime and therefore the arrest was perfectly lawful. It claimed that the plaintiffs admitted their knowledge of the illegal connection prior to the 2007 Super Bowl and acknowledged that one of their children's friends had connected it illegally. It further argued that the plaintiffs suffered no actual injuries as a result of the arrest.

Settlement Discussions

The plaintiffs demanded $5,900 each; the defendants offered $7,000 via C.C.P. Section 998.

Damages

The plaintiffs sought damages for emotional distress, caused by being arrested in front of their children, and $40,000 in attorney fees as well as punitive damages. They did not claim, however, to have needed medical or psychiatric care.

Result

At the close of the plaintiffs' evidence, the court ordered a verdict be directed in favor of Cox on the issue of negligence. The jury found in favor of DeJohnette. The court awarded the defense $12,806 in costs.

Other Information

During trial, the court refused to admit evidence that the charges were dropped holding that whether or not the prosecutor chose to pursue the case was irrelevant as to whether the citizen's arrest was lawful. The court also excluded the officer's opinion testimony stating that the citizen's arrest was properly performed and that there was independent probable cause for the arrest.

Deliberation

1.75 hours

Poll

12-0 (no negligence), 11-1 (against Rada's false arrest claim), 10-2 (against Peterson's false arrest claim)

Length

six days