Rivas v. Ayala

California Court of Appeal Oct 4, 1962 No. Civ. 6851Published

Before: Shepard

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Holding. The court held that the trial court's finding that the defendant acted in reasonable self-defense was supported by sufficient evidence, and that the plaintiff's theory of mutual combat could not be raised for the first time on appeal.

Issues

Whether the evidence supported the trial court's finding that the defendant acted in self-defense.
Whether the plaintiff may raise the theory of voluntary mutual combat for the first time on appeal.

Disposition. affirmed

Quotations verified verbatim against the opinion

“the defendant herein acted in proper and reasonable self defense and used no more force than was reasonably necessary to repel the assault committed upon him by the plaintiff.”

SHEPARD, J.

This is an appeal by plaintiff from a judgment for defendant in a personal injury action.

Facts

Sometime between 12 midnight and 2 a. m. of May 3, 1960, at the Apache Café, San Bernardino, California, an altercation occurred between plaintiff, Luis Perea Rivas, age 34, weight 215, a cook’s helper, and defendant Arnulfo Ayala, age 70, weight 165, a retired Santa Fe railroad worker. While the broad outlines of what happened are not in dispute, the exact details of how the altercation started in the café and who the aggressor was after they left the café are in sharp conflict. Because where such conflict exists this court is bound by the evidence which supports the findings and judgment of the trial court, we shall so relate it.

(Brewer

Simpson,

53 Cal.2d 567, 583 [1-2] [2 Cal.Rptr. 609, 349 P.2d 289].)

About one year previously, Luis had been a tenant in a house belonging to Ayala and Luis had been evicted. Shortly thereafter, Luis and his uncle “Chevo” Rivas met Ayala returning home late at night in an intoxicated condition. The two Rivas attacked Ayala, knocked him to the ground and severely beat him. Some time before midnight of the night here in question, Ayala came to the café, sat on a stool at the bar about 5 feet from the door and next to Mary Bareta (a niece of Luis), ordering a Seven-Up for himself and a beer for Mary. Some time after midnight Luis came in and took

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a seat at the bar several stools away and next to a Bobby Silva. A short time later Luis came close to Ayala, started a discussion involving " Chevo, ’ ’ and challenged Ayala to fight. Ayala refused. Luis kept repeating his challenge. The bartender ordered Luis to leave Ayala alone and finally ordered Luis to get out of the bar. Luis refused. Finally, Ayala left with Luis. As he walked out he saw a knife in Luis’ hand.

Outside, Luis and Ayala walked a few paces around the corner. Luis swung his knife at Ayala. Ayala had a small pocket-knife with a 2 or 2%-inch blade which he evidently opened as they were walking. When Luis struck, Ayala struck back two or three times and cut Luis on the face and abdomen. All this took place in a few seconds or a minute. Luis walked away bleeding. Ayala did not follow him. Luis was taken to the hospital by others, for medical attention. Ayala had never before been in a knife fight.

Rivas v. Ayala

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SHEPARD, J.

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