California Case Summaries
by Monty A. McIntyre, Esq.
CALIFORNIA COURTS OF APPEAL
Koussaya v. City of Stockton (2020) _ Cal.App. 5th _ , 2020 WL 5626796: The Court of Appeal affirmed the trial court's order granting defendants' motions for summary judgment in a case alleging assault and battery, negligence and intentional infliction of emotional distress arising from plaintiff's serious injuries suffered after she jumped from a moving Ford Explorer driven by bank robbers being chased and shot at by police officers. The Court of Appeal ruled that the trial court had abused its discretion in excluding evidence contained a report by the Police Foundation regarding the incident, and also misapplied the Government Claims Act (Gov. Code, § 810 et seq.) to improperly limit the scope of plaintiff's allowable claims based upon the tort claim filed by plaintiff. However, even taking into account the improperly excluded evidence and properly viewing the factual basis of plaintiff's claims against the officer defendants and the City, the Court of Appeal concluded that based on the totality of circumstances surrounding the shootings, each officer defendant was entitled to judgment as a matter of law because they reasonably used deadly force. (C.A. 3rd, September 21, 2020.)
 Plaintiff was one of the three hostages taken by the bank robbers.
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-California Civil Trial Lawyer Since 1980
-Member of American Board of Trial Advocates (ABOTA) Since 1995 ---Over 100 Civil Cases Tried With 32 Jury Trials
-Representation of Both Plaintiffs and Defendants
-Over $50 Million Recovered in Verdicts and Settlements for Plaintiffs -Numerous Defense Verdicts and Summary Judgments for Defendants
-Past President: San Diego County Bar Association
-Past President: San Diego ABOTA Chapter
-Mediation: Original training in 1993, education at Pepperdine, part-time since 2001, full-time since 2013.
-Over 1,000 Cases Mediated
-Free mediation follow-up on cases not yet settled by the end of the mediation session
-Arbitration: Arbitrator since 1985. Business, Real Property, UIM and Other Areas.
-Reference: Referee on numerous matters.