Dismissal pursuant to Evidence Code 402 results in another successful outcome by attorney Donald Wilson on behalf of the defense as noted in the November 1, 2010 edition of Verdict Search.
Defense: Suspected shoplifter was properly detained
CASE Charles Lopez v. Superior Super Warehouse, United Protective Private Security, Navarette Arturo, Doe Security Company, Auvaa Omarshariff, Super Center Concepts Inc. and Does 1 through 100, No. BC406853
COURT Superior Court of Los Angeles County, Central, CA
JUDGE Ernest M. Hiroshige
ATTORNEY(S) Charles Lopez, en pro per
ATTORNEY(S) Donald D. Wilson, Carmel & Naccasha, LLP, Paso Robles, CA (Super Center Concepts Inc., Superior Super Warehouse, United Protective Private Security Inc.)
None reported (Auvaa Omarshariff, Navarette Arturo)
FACTS & ALLEGATIONS On July 27, 2007, plaintiff Charles Lopez, 46, who was disabled, claimed that he was assaulted by undercover shoplifting loss prevention agents and that he was handcuffed and detained at the Superior Market in Highland Park.
Lopez sued Super Center Concepts Inc., which was doing business as Superior Super Warehouse; United Protective Private Security Inc.; and loss prevention agents Navarette Arturo and Auvaa Omarshariff. Super Center Concepts was sued as the owner of the premises and the principle responsible for its agent United Protective Security and the loss prevention agents. United Protective Private Security was the independent contractor employer of Arturo and Omarshariff. Arturo and Omarshariff were never served and they were dismissed from the case. Lopez alleged assault, battery, intentional infliction of emotional distress, negligent retention and respondent superior.
Lopez argued that he was wrongfully detained when he inadvertently forgot to pay for store merchandise and left the store.
INJURIES/DAMAGES decreased range of motion; physical therapy; torn biceps tendon; torn rotator cuff; wrist
Lopez claimed that he sustained a torn rotator cuff and biceps tendon rupture in one shoulder in addition to bilateral wrist injuries. He underwent physical therapy and took medications. He claimed that the injuries all required surgery and follow-up therapy. He claimed that he had a permanent disability and loss of the full use of his shoulder and both wrists.
RESULT The case was dismissed on the first day of trial prior to jury selection based upon a defense Evidence Code 402 motion, arguing no remaining triable issues.
INSURER(S) Everest National
EXPERT(S) Bruce Ramm, security/premises liability, Orange, CA (did not testify)
Kenneth R. Sabbag, M.D., orthopedics, Pasadena, CA (did not testify)
EXPERT(S) Keith Liberman, M.D., orthopedics, Beverly Hills, CA (did not testify)
Daniel R. Sullivan, security/premises liability, Palm Desert, CA (did not testify)
EDITOR’S NOTE This report is based on information that was provided by defense counsel. The plaintiff, en pro per, was not asked to contribute. Plaintiff’s prior counsel withdrew from the case prior to trial.