Kang v. City of Huntington Beach CA4/3

Filed 9/8/20 Kang v. City of Huntington Beach CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

SUNNY KANG,

Plaintiff and Appellant, G056129

v. (Super. Ct. No. 30-2013-00626834)

CITY OF HUNTINGTON BEACH et al., OPINION

Defendants and Respondents.

Appeal from a judgment of the Superior Court of Orange County, Walter P. Schwarm, Judge. Affirmed. Law Offices of Anne Dowden Saxton, Anne Dowden Saxton and Travis Poteat for Plaintiff and Appellant. Michael E. Gates, City Attorney, Brian L. Williams, Trial Counsel, and Daniel S. Cha, Deputy City Attorney for Defendants and Respondents. * * *

This is a negligence case arising out of an automobile collision. The primary issue at trial was which party ran a red light. The jury returned a defense verdict. The trial court entered a defense judgment based on the verdict and denied the plaintiff’s motion for judgment notwithstanding the verdict (JNOV). The plaintiff asks us to reverse the judgment, asserting unimpeached and uncontradicted evidence compels a finding in her favor as a matter of law. She further contends the trial court erred in denying her JNOV motion because substantial evidence does not support the verdict. We disagree and we therefore affirm.

FACTS This case arises from a two-car collision that occurred early one morning in October 2011 at the intersection of Atlanta Avenue and Newland Street in Huntington Beach. Plaintiff Sunny Kang was travelling north on Newland Street, and defendant William Brownlee, an on-duty Huntington Beach police officer driving a marked police vehicle, was traveling east on Atlanta Avenue. Brownlee collided with Kang in the middle of the intersection. At trial both parties denied running a red light. 1 Kang sued Brownlee, the Huntington Beach Police Department, and the City of Huntington Beach, asserting a single cause of action for motor vehicle negligence. The primary issue at trial was which driver entered the intersection on the green light. 1. Kang’s Testimony Kang testified the collision occurred when she was on her way home from dinner with friends and her boyfriend. Although she had also gone to the gym that morning, worked an eight-hour shift at her job, leased and picked up a new car that