D.S. v. County of Los Angeles
Juana L, as guardian ad litem on behalf of her minor daughter plaintiff and appellant D.S., appeals from a judgment following a jury trial in favor of defendants and respondents County of Los Angeles, Los Angeles County Sheriff’s Department, Deputy Lucia Chavez (erroneously sued as Daphne Chavez), and Sheriff Leroy Baca (collectively the County) in this excessive force case. Juana L. contends the trial court: (1) erred by excluding evidence, including the sheriff’s department’s response to a suspected child abuse report a few days after the incident; (2) erred by failing to read the parties’ stipulated facts to the jury; and (3) erred by bifurcating her negligence claim, to be tried only if the jury found unreasonable or excessive force had been used. We find no abuse of discretion in the exclusion of evidence and no harm in the failure to read the stipulation to the jury. However, we conclude the cause of action for negligence was not necessarily decided by the jury’s findings on excessive force and battery. Therefore, we reverse the judgment in favor of the County as to the negligence cause of action and remand for further proceedings.
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