Araujo v. County of Los Angeles CA2/8

Filed 10/11/13 Araujo v. County of Los Angeles CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

ESPERANZA ARAUJO, B236138

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. TC023419) v.

COUNTY OF LOS ANGELES et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County. Raul A. Sahagun, Judge. Reversed with directions.

Law Offices of John R. Blanchard and John R. Blanchard, for Plaintiff and Appellant.

John F. Krattli, County Counsel, Roger H. Granbo, Assistant County Counsel, and Jonathan McCaverty, Deputy County Counsel, for Defendants and Respondents.

__________________________

Appellant Esperanza Araujo appeals from summary judgment entered for respondents Los Angeles County and Los Angeles County deputy sheriffs Chad Magdalik and Brian Anderson. Because the court‟s entry of summary judgment ignored a triable issue of fact involving the amount of force the deputies used against appellant, we reverse.

FACTS AND PROCEEDINGS

Los Angeles County deputy sheriffs Chad Magdalik and Brian Anderson were on routine patrol at 6:40 a.m. on May 18, 2008, when they received a radio call to check on a woman at the corner of 83rd Street and Alameda. When the deputies arrived at the intersection, they saw appellant Esperanza Araujo yelling and screaming at workers at a nearby business. The deputies got out of their car and approached appellant. As the deputies neared appellant, they saw signs she was intoxicated and decided to investigate her for possible public intoxication. (Pen. Code, § 647, subd. (f).) Based on their observations, they arrested appellant. After her arrest, appellant was taken to the hospital where laboratory test results confirmed the presence of alcohol and marijuana in her system. Appellant thereafter pleaded no contest to violation of Penal Code section 647, subdivision (f) for public intoxication, and was sentenced to time served and 12 months‟ probation. In August 2009, appellant filed a complaint against Los Angeles County and the deputies, claiming the deputies had used excessive force when they arrested her. She alleged causes of action for violation of her civil rights under color of law (42 U.S.C. § 1983), civil battery, false arrest and imprisonment, and negligence. According to the deputies, when they first approached appellant in response to the radio call, she had blood on her face from fresh abrasions on her chin and both lips. But in her complaint, appellant asserted that the deputies hit her face against the inside of their patrol car when they pushed her face first into the car as they took her into custody. Appellant further testified at deposition that she had no injuries to her face before her encounter with the deputies, but they beat her into unconsciousness. Under questioning by respondents‟