Lydia Cendejas v. County of Los Angeles
Published: Jul. 4, 2008 | Result Date: Jul. 18, 2007 | Filing Date: Jan. 1, 1900 |Case number: BC338879 Settlement – $2,500 to two of four plaintiffs
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Kevin G. McCluskey
(McCluskey & Montgomery LLP)
Tracy W. Costantino
(Gordon & Rees LLP)
Thomas C. Hurrell
(Hurrell Cantral LLP)
Facts
The Los Angeles County Sheriff's Dept. employed plaintiffs Lydia Cendejas and Laura Castillo as custody records clerks in the inmate reception center. Cendejas and Castillo received an email announcing a summer camp for children ages 7 to 14, from Aug. 23-29, 2004. The camp was hosted by the United Peace Officers Against Crime (UPAC), a non-profit charitable organization whose mission is to provide underprivileged children with access to the camping experience. Cendejas and Castillo both enrolled their sons, 15-year-old plaintiff, Ryan Marquez, and 13-year-old plaintiff Cameron Binion, in the camp. Parents were to give their children $15.00 max, a flashlight, and camp clothing.
On Aug. 24, 2004, Marquez called his mother and said he was not happy at the camp, though he chose to stay. Both teens completed their stay at the camp.
Defendants successfully moved the court to bar Cendejas and Castillo from asserting emotional distress claims and they were removed as plaintiffs. The case continued only as to the minor plaintiffs.
Contentions
PLAINTIFFS' CONTENTIONS:
Ryan informed his mother that while at the camp, unknown persons stole his clothing and money. He alleged that two other campers put white substance in his head, hair and ears and also attacked him. He stated he was afraid to sleep, had witnessed fighting among junior camp leaders, was called hurtful names and further observed another camper defecating in front of him near a basketball court. He was also pushed down and hit his head on a rock. Plaintiff Cameron Binion alleged similar treatment against defendant UPAC.
DEFENDANT'S CONTENTIONS:
The boys never complained of any actions that amounted to more than common "horse play." Despite their contentions, both boys agreed that if allowed, they would attend the camp again. Plaintiffs refused to complete their depositions or respond to written discovery.
Settlement Discussions
Plaintiffs settled on the eve of the hearing of defendant's motions for terminating sanctions. The parties attended one mediation session where plaintiffs refused to accept any offer less than $50,000. Later, a Mandatory Settlement Conference was held, resulting in a settlement.
Injuries
The minor plaintiffs suffered emotional distress.
Result
Minor plaintiffs Marquez and Binion each received $2,500.
Other Information
The plaintiffs did not receive any settlement money from the county of Los Angeles. Rather, plaintiffs agreed to dismiss the case against the county in exchange for a waiver of costs incurred by the county.
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