Electronically FILED by Superior Court of California, County of Los Angeles on 08/31/2020 02:19 PM Sherri R. Carter, Executive Officer/Clerk of Court, by D. Williams,Deputy Clerk 20STCV33203 1 PANISH SHEA & BOYLE LLP BRIAN J. PANISH, State Bar No. 116060 panish@psblaw.com 2 ADAM SHEA, State Bar No. 166800 shea@psblaw.com 3 SPENCER R. LUCAS, State Bar No. 232498 4 lucas@psblaw.com RYAN A. CASEY, State Bar No. 271865 casey@psblaw.com 5 NICHOLAS W. YOKA, State Bar No. 314906 yoka@psblaw.com 6 11111 Santa Monica Boulevard, Suite 700 7 Los Angeles, California 90025 Telephone: 310.477.1700; Facsimile: 310.477.1699 8 Attorneys for Plaintiffs 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 11 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP Assigned for all purposes to: Spring Street Courthouse, Judicial Officer: Thomas Long 12 ELISA GUARDADO and CRISTOBAL 13 EDGARDO GUARDADO, individually, and as successors-in-interest to ANDRES 14 EDGARDO GUARDADO PINEDA, 15 16 Case No. COMPLAINT FOR DAMAGES 1. 2. 3. 4. 5. Battery (Wrongful Death) Assault Negligence (Wrongful Death) False Arrest/False Imprisonment Violation of the Bane Act (Cal. Civ. Code § 52.1) 6. Negligent Training, Retention, and Supervision 7. Survival Action Plaintiffs, v. 17 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, COUNTY OF LOS 18 ANGELES, DEPUTY MIGUEL VEGA, in his individual capacity, and DEPUTY CHRIS 19 HERNANDEZ, in his individual capacity, and DOES 1 through 100, 20 Defendants. 21 DEMAND FOR JURY TRIAL 22 23 COME NOW plaintiffs, Elisa Guardado and Cristobal Edgardo Guardado, individually, 24 and as successors-in-interest to Andres Edgardo Guardado Pineda for causes of action against 25 defendants, Los Angeles County Sherriff's Department, County of Los Angeles, Deputy Miguel 26 Vega, in his individual capacity, Deputy Chris Hernandez, in his individual capacity, and DOES 1 27 through 100, inclusive, who complain and allege as follows: 28 / / / 1 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 2 GENERAL ALLEGATIONS 1. On or about June 18, 2020, at approximately 5:53 p.m., 18-year-old Andres 3 Edgardo Guardado Pineda (hereinafter referred to as "Andres Guardado" or "decedent") was shot 4 and killed by defendant Los Angeles County Sheriff's Department Deputy Miguel Vega at the 5 general location of an alleyway at 420 West Redondo Beach Boulevard in an unincorporated area 6 of Los Angeles County, known as East Gardena, California 90248. On that evening, Los Angeles 7 County Sheriff's Department Deputy Miguel Vega and Deputy Chris Hernandez, in a display of 8 unreasonable and excessive force, drew their guns and chased decedent, Andres Guardado, down 9 an alleyway. Soon thereafter, Deputy Miguel Vega, without provocation or justification, and with 11 Deputy Vega's shots struck Andres directly in the back, and each of those five gunshot wounds 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 willful and conscious disregard, fatally unloaded, at least six shots at Andres' back. Five of 12 possessed an independent lethal capacity, ultimately, causing his tragic and untimely death. 13 14 15 PARTIES 2. At all relevant times mentioned herein, plaintiffs Elisa Guardado and Cristobal 16 Edgardo Guardado, and plaintiffs' decedent, Andres Guardado, were residents of the State of 17 California, County of Los Angeles. 18 3. At all relevant times, Elisa Guardado was the mother, and Cristobal Edgardo 19 Guardado was the father, of decedent, Andres Guardado, who had neither a spouse or children, 20 thereby qualifying Elisa Guardado and Cristobal Edgardo Guardado as successors-in-interest, for 21 purposes of maintaining a claim for survival damages. For these same reasons, at all relevant 22 times, Elisa Guardado and Cristobal Edgardo Guardado, are the heirs at law of the decedent, for 23 purposes of wrongful death damages. 24 4. At all relevant times mentioned herein, defendants Los Angeles County Sheriff's 25 Department and County of Los Angeles were, and are, municipal corporations organized and 26 existing under the laws of the State of California. 27 5. At all relevant times mentioned herein, defendants Deputy Miguel Vega, Deputy 28 Chris Hernandez, and DOES 1 through 50, inclusive, were employed by defendants Los Angeles 2 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 County Sheriff's Department, County of Los Angeles, and DOES 51 through 100, inclusive, and 2 acting in the course and scope of their employment for such municipal corporations and under 3 color of state law. These defendants are being sued herein in their individual capacity. 4 5 6 THE SUBJECT INCIDENT 6. On or about June 18, 2020, at approximately 5:53 p.m., decedent, Andres 7 Guardado, was working as a security guard for an auto shop located at 420 West Redondo Beach 8 Boulevard in an unincorporated area of Los Angeles County, known as East Gardena, California 9 90248 (hereinafter "subject location"). At some point, a white Lexus pulled up in front of the auto 11 passenger-side door, bent down, and began having a friendly conversation. Soon thereafter, Los 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 shop with two occupants inside of the vehicle. Decedent, Andres Guardado, approached the 12 Angeles County Sheriff's Department Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 13 1 through 50, inclusive, arrived at the subject location. Deputy Miguel Vega and Deputy Chris 14 Hernandez parked their vehicle next to the driver-side of the white Lexus and rapidly exited their 15 vehicle to approach the direction of the auto shop. Decedent, 18-year-old Andres Guardado, 16 became scared and fled south down the alleyway. Without provocation or justification, and in 17 violation of defendants' policies and procedures, the deputies immediately drew their weapons, 18 and proceeded to chase after decedent down the alleyway. At some point, Deputy Vega, again 19 without provocation or justification, shot Andres Guardado in the back, firing in total at least six 20 times. Five of those bullets struck Andres directly in the back and each of those five gunshot 21 wounds possessed an independent lethal capacity, ultimately causing his tragic and untimely 22 death. 23 7. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 24 mentioned herein, decedent never posed a risk of imminent injury or death to Deputy Miguel 25 Vega, Deputy Chris Hernandez, or any other person. Plaintiffs are also informed, believe, and 26 thereon allege that at all times relevant and mentioned herein, the use of deadly force by Deputy 27 Miguel Vega was not necessary to prevent imminent serious injury or death. Plaintiffs are further 28 informed, believe, and thereon allege that at all times relevant and mentioned herein, Deputy 3 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, failed to use other 2 available resources and techniques and, moreover, an objectively reasonable officer would know 3 and believe that it was reasonably safe and feasible to use these other available resources and 4 techniques. 5 8. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 6 mentioned herein, Deputy Miguel Vega's use of deadly force was in violation of the law and in 7 violation of the policies and procedures used by defendants Los Angeles County Sheriff's 8 Department and County of Los Angeles. 9 9. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 11 conducted the stop and pursuit of decedent, Andres Guardado, was negligent, reckless, constituted 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 mentioned herein, the manner in which the Los Angeles County Sheriff's Department deputies 12 an unjustifiable excessive use of force, and endangered the community. On further information 13 and belief, the tactics used that day were in violation of recognized standards within the law 14 enforcement community, constituted an unjustifiable excessive use of force, were negligent and 15 reckless, and resulted in a needless loss of life. Moreover, prior to Andres Guardado's death, 16 defendants willfully and knowingly created a situation where death or injury would be likely, 17 thereby acting with reckless disregard and with full knowledge of the probable dangerous 18 consequences of such conduct. 19 10. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 20 mentioned herein, defendants Los Angeles County Sheriff's Department, County of Los Angeles, 21 and DOES 51 through 100, inclusive, negligently trained, hired, supervised, and retained the 22 deputies that chased decedent and ultimately fired, at least six rounds at 18-year-old Andres. In 23 addition, at the scene, defendant Los Angeles County Sheriff's Department deputies, supervisors, 24 and DOES 1 through 50, inclusive, negligently handled the stop and were negligent in their 25 control and direction of the tactics utilized by the deputies. 26 11. Plaintiffs also are informed, believe, and thereon allege that at all times relevant 27 and mentioned herein, defendants Los Angeles County Sheriff's Department, County of Los 28 Angeles, and DOES 51 through 100, inclusive, and Sheriff Villanueva knew or should have 4 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 known about gangs within the Los Angeles County Sheriff's Department. Based on information 2 and belief, these gangs are comprised of Los Angeles County Sheriff deputies who use violence, 3 threats, and retaliation against other deputies, supervisors, and the public. Plaintiffs also are 4 informed, believe, and thereon allege that at all times relevant and mentioned herein, defendants 5 Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, had possible 6 affiliations with at least one of these Los Angeles County Sheriff's Department gangs, including, 7 but not limited to, the gangs known as the Executioners and/or the 3,000 Boys. 8 12. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 9 mentioned herein, defendants Los Angeles County Sheriff's Department, County of Los Angeles, 11 negligent in the hiring, training, selection, retention, and discipline of Deputy Miguel Vega, 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 and DOES 51 through 100, inclusive, and all of their employees and sworn officers, were 12 Deputy Chris Hernandez, and DOES 1 through 50, inclusive, who were involved in the shooting, 13 as well as the employees who trained the involved deputies throughout their careers, from the 14 academy to the date in question. 15 13. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 16 mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 17 through 50, inclusive, had a history of improper uses of unjustified excessive force, improper 18 discharging of their firearms, bad traffic and pedestrian stops, failing to follow proper procedures, 19 making false statements during investigations, and other improper conduct. Yet, they were never 20 disciplined, or were not disciplined properly, and were never trained or re-trained properly, and 21 were never removed from service. All the above components and factors also contributed to the 22 death of Andres Guardado. 23 14. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 24 mentioned herein, defendant Los Angeles County Sheriff's Department allowed a custom, policy, 25 and practice to exist, whether express or implied, oral or written, that allowed all of the conduct 26 outlined in this complaint and that fostered an environment that allowed and permitted this 27 shooting to occur, all creating liability under the laws of the State of California, the Constitution of 28 the State of California, the laws of the United States, and the United States Constitution. 5 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 15. On June 30, 2020, a claim for damages was presented pursuant to, and in 2 substantial compliance with, California Government Code section 910 for damages sustained as a 3 result of the incident alleged herein. Said claims are deemed rejected by failure to respond within 4 forty-five (45) days from the presentation of the claim for damages, thus giving plaintiffs standing 5 to present these claims. 6 16. The true names and capacities, whether individual, plural, corporate, partnership, 7 associate, or otherwise, of DOES 1 through 100, inclusive, are unknown to plaintiffs who, 8 therefore, sue said defendants by such fictitious names. The full extent of the facts linking such 9 fictitiously sued defendants is unknown to plaintiffs. Plaintiffs are informed, believe, and 11 in some other actionable manner, responsible for the events and happenings hereinafter referred to, 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 thereupon allege, that each of the defendants designated herein as a DOE was, and is, negligent, or 12 and thereby negligently, or in some other actionable manner, legally and proximately caused the 13 hereinafter described injuries and damages to plaintiffs. Plaintiffs will hereafter seek leave of the 14 Court to amend this complaint to show the true names and capacities of defendants after the same 15 have been ascertained. 16 17. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 17 mentioned herein, defendants, including DOES 1 through 100, inclusive, and each of them, were 18 the agents, servants, employees and/or joint venturers of their co-defendants, and each of them, 19 was acting within the course, scope and authority of said agency, employment and/or venture, and 20 that each and every defendant, as aforesaid, when acting as a principal, was negligent in the 21 selection and hiring, retention, training, and supervision of each and every other defendant as an 22 agent, employee and/or joint venturer. 23 24 FIRST CAUSE OF ACTION 25 BATTERY (Wrongful Death) 26 By Plaintiffs against All Defendants and DOES 1 through 100, inclusive. 27 18. Plaintiffs re-allege and incorporate herein by reference each and every allegation 28 and statement contained in the prior paragraphs. 6 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 19. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 2 mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 3 through 50, inclusive, willfully and unlawfully used forced upon the person of decedent, Andres 4 Guardado, by shooting and killing him. At the time of the aforementioned battery, decedent, 5 Andres Guardado, posed no threat whatsoever to defendants or anyone else. 6 20. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 7 mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 8 through 50, inclusive, intentionally touched decedent, Andres Guardado, and/or caused decedent 9 to be touched. 21. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 11 mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 12 through 50, inclusive, used unreasonable and excessive force in an effort to arrest and prevent 13 decedent, Andres Guardado, from running away. Plaintiffs are also informed, believe, and thereon 14 allege that at all times relevant and mentioned herein, that defendants Deputy Miguel Vega, 15 Deputy Chris Hernandez, and DOES 1 through 50, inclusive, had no reasonable belief that 16 decedent, Andres Guardado, had committed any crime. Furthermore, defendants Deputy Miguel 17 Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, never reasonably believed that 18 decedent, Andres Guardado, appeared to pose an immediate threat to the safety of the deputies or 19 anyone else. 20 22. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 21 mentioned herein, that decedent, Andres Guardado, did not consent to this unreasonable and 22 excessive use of force. 23 23. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 24 mentioned herein, decedent was physically harmed and then killed when defendant Deputy Vega 25 fatally and unjustifiably shot him in the back five times. 26 24. The aforementioned acts of defendants and DOES 1 through 50, inclusive, were 27 done by them knowingly, intentionally, and maliciously, for the purpose of harassment, 28 / / / 7 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 oppression and inflicting injury upon decedent, Andres Guardado, and in reckless, wanton, and 2 callous disregard of his safety, security, and civil rights. 3 25. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 4 mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 5 through 50's, inclusive, use of unreasonable force was a substantial factor in causing Andres 6 Guardado's physical injuries and tragic death. 7 26. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 8 mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 9 through 50, inclusive, did not have a reasonable cause to believe that decedent, Andres Guardado, 11 times relevant and mentioned herein, that decedent, Andres Guardado, complied with all of the 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 had committed any crime. Plaintiffs are further informed, believe, and thereon allege that at all 12 deputies' commands and did not physically resist arrest. Plaintiffs are informed, believe, and 13 thereon allege that at all times relevant and mentioned herein, that any resistance to arrest by 14 decedent, Andres Guardado, was the result of the unreasonable use of force by defendants Deputy 15 Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive. 16 27. Plaintiffs are further informed, believe, and thereon allege that at all times relevant 17 and mentioned herein, decedent, Andres Guardado, was harmed by defendants Deputy Miguel 18 Vega, Deputy Chris Hernandez's battery and that DOES 1 through 50, inclusive, were responsible 19 for the harm, because they were part of a conspiracy to commit battery against the public. As 20 described above, based on information and belief, within Los Angeles County Sheriff's 21 Department and County of Los Angeles, there was a custom, policy and practice, and agreement, 22 whether express or implied, oral or written, whereby gangs, including, but not limited to, the 23 Executioners and/or the 3,000 Boys, would use violence, threats, and retaliation against other 24 deputies, supervisors, and the public. Plaintiffs are informed, believe, and thereon allege that at all 25 times relevant and mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, 26 and DOES 1 through 50, inclusive, had possible affiliations with these gangs and, on the day of 27 the subject incident, were possibly acting in connection and in agreement with these other gang 28 members. 8 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 28. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 2 mentioned herein, DOES 1 through 50, inclusive, were aware that defendants Deputy Miguel 3 Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, planned to commit an act of 4 battery by harming decedent, Andres Guardado. Plaintiffs are further informed, believe, and 5 thereon allege that at all times relevant and mentioned herein, DOES 1 through 50, inclusive, 6 agreed with Deputy Miguel Vega and Deputy Chris Hernandez and intended that the act of battery 7 be committed against decedent. 8 29. The conduct of defendants Deputy Miguel Vega, Deputy Chris Hernandez, and 9 DOES 1 through 50, inclusive, and each of them, was done within the course and scope of their 11 County of Los Angeles, and DOES 51 through 100, inclusive, and under color of their authority, 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 employment, agency and/or service with defendants Los Angeles County Sheriff's Department, 12 and defendants Los Angeles County Sheriff's Department and County of Los Angeles, and each of 13 them, are, therefore, vicariously liable for same under Government Code sections 815.2, 815.3 and 14 820. 15 30. As a legal, direct, and proximate result of the negligence, carelessness, and/or 16 violation of the law, by defendants, and each of them, including DOES 1 through 100, inclusive, 17 plaintiffs have sustained damages resulting from the loss of love, companionship, comfort, care, 18 assistance, protection, affection, society, and support, expectations of future support, and 19 counseling, companionship, solace and mental support, as well as other benefits and assistance, of 20 their respective decedent, all to their general damage in a sum in excess of the jurisdictional limits 21 of this Court, which will be stated according to proof, in accordance with California Code of Civil 22 Procedure section 425.10. 23 31. As a legal, direct, and proximate result of the conduct of defendants, and each of 24 them, including DOES 1 through 100, inclusive, plaintiffs, and each of them, have incurred 25 economic losses, including, but not limited to, funeral and burial expenses in an amount to be 26 stated according to proof, pursuant to California Code of Civil Procedure section 425.10. 27 32. As a legal, direct, and proximate result of the conduct of defendants, including 28 DOES 1 through 100, inclusive, plaintiffs, Elisa Guardado and Cristobal Edgardo Guardado, as 9 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 successors-in-interest to decedent, Andres Edgardo Guardado Pineda, hereby seek all damages 2 accruing to decedent in a survival action, under California Code of Civil Procedure section 377.34, 3 including punitive damages, against each defendant, other than the Los Angeles County Sheriff’s 4 Department, County of Los Angeles, and DOES 51 through 100, inclusive. In addition, plaintiffs 5 seek all damages under the Bane Act, including, but not limited to, attorneys' fees. All of said 6 damages combine to a sum in excess of the jurisdictional minimum of this Court, including any 7 penalties, punitive, or exemplary damages that the decedent would have been entitled to had he 8 lived, with the exception of pain, suffering, disfigurement, which will be stated according to proof, 9 pursuant to California Code of Civil Procedure section 425.10. LLP P ANISH S HEA & B OYLE 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax 10 11 SECOND CAUSE OF ACTION 12 ASSAULT 13 By Plaintiffs against All Defendants and DOES 1 through 100, inclusive. 14 33. Plaintiffs re-allege and incorporate herein by reference each and every allegation 15 and statement contained in the prior paragraphs. 16 34. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 17 mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 18 through 50, inclusive, willfully and unlawfully violated decedent's right to live without being put 19 in fear of personal harm when defendants demonstrated an unlawful intent to inflict immediate 20 injury on decedent, Andres Guardado. 21 35. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 22 mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 23 through 50, inclusive, willfully and unlawfully acted, intending to cause harm or offensive contact 24 upon decedent, Andres Guardado. At the time of the aforementioned assault, decedent, Andres 25 Guardado, posed no threat whatsoever to defendants or anyone else. 26 36. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 27 mentioned herein, decedent, Andres Guardado, reasonably believed that he was about to be 28 touched in a harmful and offensive manner by defendants Deputy Miguel Vega, Deputy Chris 10 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 Hernandez, and DOES 1 through 50, inclusive. Moreover, defendants Deputy Miguel Vega, 2 Deputy Chris Hernandez, and DOES 1 through 50, inclusive, actually threatened to touch 3 decedent, Andres Guardado, in an offensive and harmful manner. 4 37. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 5 mentioned herein, it reasonably appeared to decedent, Andres Guardado, that defendants Deputy 6 Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, were about to carry 7 out the threat of harmful and offensive touching, which would offend a reasonable sense of 8 personal dignity and did, in fact, offend decedent's reasonable sense of personal dignity. 9 38. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 11 Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive. 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 mentioned herein, decedent, Andres Guardado, never consented to the conduct of defendants 12 39. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 13 mentioned herein, decedent, Andres Guardado, was harmed by the conduct of defendants Deputy 14 Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive. 15 40. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 16 mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 17 through 50's, inclusive, conduct was a substantial factor in causing harm to decedent, Andres 18 Guardado. 19 41. The aforementioned acts of defendants and DOES 1 through 50, inclusive, were 20 done by them knowingly, intentionally, and maliciously, for the purpose of harassment, 21 oppression and inflicting injury upon decedent, Andres Guardado, and in reckless, wanton, and 22 callous disregard of his safety, security, and civil rights. 23 42. Plaintiffs are further informed, believe, and thereon allege that at all times relevant 24 and mentioned herein, decedent, Andres Guardado, was harmed by defendants Deputy Miguel 25 Vega, Deputy Chris Hernandez's assault and that DOES 1 through 50, inclusive, were responsible 26 for the harm, because they were part of a conspiracy to commit assault against the public. As 27 described above, based on information and belief, within Los Angeles County Sheriff's 28 Department and County of Los Angeles, there was a custom, policy and practice, and agreement, 11 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 whether express or implied, oral or written, whereby gangs, including, but not limited to, the 2 Executioners and/or the 3,000 Boys, would use violence, threats, and retaliation against other 3 deputies, supervisors, and the public. Plaintiffs are informed, believe, and thereon allege that at all 4 times relevant and mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, 5 and DOES 1 through 50, inclusive, had possible affiliations with these gangs and, on the day of 6 the subject incident, were possibly acting in connection and in agreement with these other gang 7 members. 8 43. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 9 mentioned herein, DOES 1 through 50, inclusive, were aware that defendants Deputy Miguel 11 assault by harming decedent, Andres Guardado. Plaintiffs are further informed, believe, and 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, planned to commit an act of 12 thereon allege that at all times relevant and mentioned herein, DOES 1 through 50, inclusive, 13 agreed with Deputy Miguel Vega and Deputy Chris Hernandez and intended that the act of assault 14 be committed against decedent. 15 44. The conduct of defendants Deputy Miguel Vega, Deputy Chris Hernandez, and 16 DOES 1 through 50, inclusive, and each of them, was done within the course and scope of their 17 employment, agency and/or service with defendants Los Angeles County Sheriff's Department, 18 County of Los Angeles, and DOES 51 through 100, inclusive, and under color of their authority, 19 and defendants Los Angeles County Sheriff's Department, County of Los Angeles, and DOES 51 20 through 100, inclusive, and each of them, are, therefore, vicariously liable for same under 21 Government Code sections 815.2, 815.3 and 820. 22 45. As a legal, direct, and proximate result of the negligence, carelessness, and/or 23 violation of the law, by defendants, and each of them, including DOES 1 through 100, inclusive, 24 plaintiffs have sustained damages resulting from the loss of love, companionship, comfort, care, 25 assistance, protection, affection, society, and support, expectations of future support, and 26 counseling, companionship, solace and mental support, as well as other benefits and assistance, of 27 their respective decedent, all to their general damage in a sum in excess of the jurisdictional limits 28 / / / 12 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 of this Court, which will be stated according to proof, in accordance with California Code of Civil 2 Procedure section 425.10. 3 46. As a legal, direct, and proximate result of the conduct of defendants, and each of 4 them, including DOES 1 through 100, inclusive, plaintiffs, and each of them, have incurred 5 economic losses, including, but not limited to, funeral and burial expenses in an amount to be 6 stated according to proof, pursuant to California Code of Civil Procedure section 425.10. 7 47. As a legal, direct, and proximate result of the conduct of defendants, including 8 DOES 1 through 100, inclusive, plaintiffs, Elisa Guardado and Cristobal Edgardo Guardado, as 9 successors-in-interest to decedent, Andres Edgardo Guardado Pineda, hereby seek all damages 11 including punitive damages, against each defendant, other than the Los Angeles County Sheriff’s 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 accruing to decedent in a survival action, under California Code of Civil Procedure section 377.34, 12 Department, County of Los Angeles, and DOES 51 through 100, inclusive. In addition, plaintiffs 13 seek all damages under the Bane Act, including, but not limited to, attorneys' fees. All of said 14 damages combine to a sum in excess of the jurisdictional minimum of this Court, including any 15 penalties, punitive, or exemplary damages that the decedent would have been entitled to had he 16 lived, with the exception of pain, suffering, disfigurement, which will be stated according to proof, 17 pursuant to California Code of Civil Procedure section 425.10. 18 19 THIRD CAUSE OF ACTION 20 NEGLIGENCE (Wrongful Death) 21 By Plaintiffs against All Defendants and DOES 1 through 100, inclusive. 22 48. Plaintiffs re-allege and incorporate herein by reference each and every allegation 23 and statement contained in the prior paragraphs. 24 49. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 25 mentioned herein, defendants, including DOES 1 through 100, inclusive, and each of them, owed 26 a duty of care to all reasonably foreseeable people, including plaintiffs and decedent, to carry out 27 their law enforcement duties in a reasonable manner, including with the use of any firearms or any 28 force whatsoever. 13 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 50. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 2 mentioned herein, defendants, including DOES 1 through 100, inclusive, and each of them, 3 carelessly and negligently carried out their law enforcement duties, and particularly Deputy 4 Miguel Vega used his firearm in a reckless way, and with willful and conscious disregard, when 5 he shot and killed decedent, Andres Guardado, an 18 year old that posed no threat of harm to 6 defendants and DOES 1 through 100, at the time he was shot. 7 51. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 8 mentioned herein, said careless, negligent, reckless, and unlawful conduct by defendants and 9 DOES 1 through 100, inclusive, and each of them, was the direct, legal, and proximate cause of 11 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 the death of Andres Guardado, and the resulting damages to plaintiffs herein alleged. 52. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 12 mentioned herein, defendants Los Angeles County Sheriff's Department and County of Los 13 Angeles owed a duty of care to all reasonably foreseeable people, including plaintiffs and 14 decedent, to reasonably hire, select, retain, and discipline their police deputies. Plaintiffs are 15 informed, believe, and thereon allege that at all times relevant and mentioned herein, defendants 16 Los Angeles County Sheriff's Department and County of Los Angeles owed a duty of care to all 17 reasonable foreseeable people, including plaintiffs and decedent, to reasonably train and supervise 18 their police officers to carry out their law enforcement duties, including particularly, with the use 19 of any firearms or any force whatsoever, in a reasonable manner. 20 53. Plaintiffs are further informed, believe, and thereon allege that at all times relevant 21 and mentioned herein, defendants Los Angeles County Sheriff's Department and County of Los 22 Angeles breach these duties by failing to adequately train and supervise their deputies in the use of 23 force. In fact, police deputies at the scene were negligently and poorly trained, negligently and 24 poorly hired, negligently and poorly supervised (both at the scene and before), and negligently 25 retained. Additionally, defendants Los Angeles County Sheriff's Department and County of Los 26 Angeles, and all their employees and sworn deputies, were negligent in the hiring, training, 27 supervision, retention, and disciplining of the deputies involved in the shooting, as well as the 28 / / / 14 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 officers who trained the involved deputies throughout their careers, from the academy to the date 2 in question. 3 54. Defendants further breached their duty in that defendants Los Angeles County 4 Sheriff's Department and County of Los Angeles deputies who were at the scene of the subject 5 incident, including defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 6 through 50, and each of them, had a history of bad traffic and pedestrian stops, improper uses of 7 force, improperly discharging their firearms, failing to follow proper procedures, and making false 8 statements during investigations. Yet, the deputies were never disciplined, or were not disciplined 9 properly, and were never trained or re-trained properly, and were never removed from service. 55. Defendants further breached their duty because within Los Angeles County 11 Sheriff's Department and County of Los Angeles, there was a custom, policy and practice, whether 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 12 express or implied, oral or written, that allowed all of the conduct outlined in this claim to occur 13 and that allowed this tragic shooting of Andres Guardado to occur. Plaintiffs also are informed, 14 believe, and thereon allege that at all times relevant and mentioned herein, defendants Los Angeles 15 County Sheriff's Department, County of Los Angeles, and DOES 51 through 100, inclusive, and 16 Sheriff Villanueva knew or should have known about gangs within the Los Angeles County 17 Sheriff's Department. Based on information and belief, these gangs are comprised of Los Angeles 18 County Sheriff deputies who use violence, threats, and retaliation against other deputies, 19 supervisors, and the public. Plaintiffs also are informed, believe, and thereon allege that at all 20 times relevant and mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, 21 and DOES 1 through 50, inclusive, had possible affiliations with at least one of these Los Angeles 22 County Sheriff's Department gangs, including, but not limited to, the gangs known as the 23 Executioners and/or the 3,000 Boys. Moreover, plaintiffs are informed, believe, and thereon 24 allege that at all times relevant and mentioned herein, Sheriff Villanueva and DOES 1 through 25 100, inclusive, specifically knew or should have known of these gangs' presence in the Los 26 Angeles County Sheriff's Department and failed to take any action. 27 56. Plaintiffs are further informed, believe, and thereon allege that at all times relevant 28 and mentioned herein, decedent, Andres Guardado, was harmed by defendants Deputy Miguel 15 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 Vega, Deputy Chris Hernandez's negligence and that DOES 1 through 50, inclusive, were 2 responsible for the harm, because they were part of a conspiracy to commit negligence against the 3 public. As described above, based on information and belief, within Los Angeles County Sheriff's 4 Department and County of Los Angeles, there was a custom, policy and practice, and agreement, 5 whether express or implied, oral or written, whereby gangs, including, but not limited to, the 6 Executioners and/or the 3,000 Boys, would use violence, threats, and retaliation against other 7 deputies, supervisors, and the public. Plaintiffs are informed, believe, and thereon allege that at all 8 times relevant and mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, 9 and DOES 1 through 50, inclusive, had possible affiliations with these gangs and, on the day of 11 members. 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 the subject incident, were possibly acting in connection and in agreement with these other gang 12 57. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 13 mentioned herein, DOES 1 through 100, inclusive, were aware that defendants Deputy Miguel 14 Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, planned to commit an act of 15 negligence by harming decedent, Andres Guardado. Plaintiffs are further informed, believe, and 16 thereon allege that at all times relevant and mentioned herein, DOES 1 through 50, inclusive, 17 agreed with Deputy Miguel Vega and Deputy Chris Hernandez and intended that the negligence 18 be committed against decedent. 19 58. The conduct of defendants Deputy Miguel Vega, Deputy Chris Hernandez, and 20 DOES 1 through 50, inclusive, and each of them, was done within the course and scope of their 21 employment, agency and/or service with defendants Los Angeles County Sheriff's Department, 22 County of Los Angeles, and DOES 51 through 100, inclusive, and under color of their authority, 23 and defendants Los Angeles County Sheriff's Department and County of Los Angeles, and each of 24 them, are, therefore, vicariously liable for the same under Government Code sections 815.2, 815.3 25 and 820. 26 59. As a legal, direct, and proximate result of the negligence, carelessness, and/or 27 violation of the law, by defendants, and each of them, including DOES 1 through 100, inclusive, 28 plaintiffs have sustained damages resulting from the loss of love, companionship, comfort, care, 16 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 assistance, protection, affection, society, and support, expectations of future support, and 2 counseling, companionship, solace and mental support, as well as other benefits and assistance, of 3 their respective decedent, all to their general damage in a sum in excess of the jurisdictional limits 4 of this Court, which will be stated according to proof, in accordance with California Code of Civil 5 Procedure section 425.10. 6 60. As a legal, direct, and proximate result of the conduct of defendants, and each of 7 them, including DOES 1 through 100, inclusive, plaintiffs, and each of them, have incurred 8 economic losses, including, but not limited to, funeral and burial expenses in an amount to be 9 stated according to proof, pursuant to California Code of Civil Procedure section 425.10. 61. As a legal, direct, and proximate result of the conduct of defendants, including 11 DOES 1 through 100, inclusive, plaintiffs, Elisa Guardado and Cristobal Edgardo Guardado, as 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 12 successors-in-interest to decedent, Andres Edgardo Guardado Pineda, hereby seek all damages 13 accruing to decedent in a survival action, under California Code of Civil Procedure section 377.34, 14 including punitive damages, against each defendant, other than the Los Angeles County Sheriff’s 15 Department, County of Los Angeles, and DOES 51 through 100, inclusive. In addition, plaintiffs 16 seek all damages under the Bane Act, including, but not limited to, attorneys' fees. All of said 17 damages combine to a sum in excess of the jurisdictional minimum of this Court, including any 18 penalties, punitive, or exemplary damages that the decedent would have been entitled to had he 19 lived, with the exception of pain, suffering, disfigurement, which will be stated according to proof, 20 pursuant to California Code of Civil Procedure section 425.10. 21 22 FOURTH CAUSE OF ACTION 23 FALSE ARREST/FALSE IMPRISONMENT 24 By Plaintiffs against All Defendants and DOES 1 through 100, inclusive. 25 62. Plaintiffs re-allege and incorporate herein by reference each and every allegation 26 and statement contained in the prior paragraphs. 27 / / / 28 / / / 17 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 63. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 2 mentioned herein, that decedent, Andres Guardado, was wrongfully arrested by defendants Deputy 3 Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive. 4 64. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 5 mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 6 through 50, inclusive, arrested decedent, Andres Guardado. 7 65. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 8 mentioned herein, that the wrongful arrest of decedent, Andres Guardado, physically harmed and, 9 in fact, led to his tragic death when defendant Deputy Vega fatally shot decedent, Andres 11 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 Guardado, in the back five times. 66. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 12 mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 13 through 50's, inclusive, conduct was a substantial factor in causing Andres Guardado's tragic 14 death. 15 67. Plaintiffs are further informed, believe, and thereon allege that at all times relevant 16 and mentioned herein, decedent, Andres Guardado, was harmed by defendants Deputy Miguel 17 Vega, Deputy Chris Hernandez's false arrest/false imprisonment and that DOES 1 through 50, 18 inclusive, were responsible for the harm, because they were part of a conspiracy to commit false 19 arrest/false imprisonment against the public. As described above, based on information and belief, 20 within Los Angeles County Sheriff's Department and County of Los Angeles, there was a custom, 21 policy and practice, and agreement, whether express or implied, oral or written, whereby gangs, 22 including, but not limited to, the Executioners and/or the 3,000 Boys, would use violence, threats, 23 and retaliation against other deputies, supervisors, and the public. Plaintiffs are informed, believe, 24 and thereon allege that at all times relevant and mentioned herein, defendants Deputy Miguel 25 Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, had possible affiliations with 26 these gangs and, on the day of the subject incident, were possibly acting in connection and in 27 agreement with these other gang members. 28 / / / 18 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 68. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 2 mentioned herein, DOES 1 through 50, inclusive, were aware that defendants Deputy Miguel 3 Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, planned to commit an act of 4 false arrest/false imprisonment by harming decedent, Andres Guardado. Plaintiffs are further 5 informed, believe, and thereon allege that at all times relevant and mentioned herein, DOES 1 6 through 50, inclusive, agreed with Deputy Miguel Vega and Deputy Chris Hernandez and 7 intended that the act of false arrest/false imprisonment be committed against decedent. 8 69. The conduct of defendants Deputy Miguel Vega, Deputy Chris Hernandez, and 9 DOES 1 through 50, inclusive, and each of them, was done within the course and scope of their 11 County of Los Angeles, and DOES 51 through 100, inclusive, and under color of their authority, 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 employment, agency and/or service with defendants Los Angeles County Sheriff's Department, 12 and defendants Los Angeles County Sheriff's Department and County of Los Angeles, and each of 13 them, are, therefore, vicariously liable for same under Government Code sections 815.2, 815.3 and 14 820. 15 70. As a legal, direct, and proximate result of the negligence, carelessness, and/or 16 violation of the law, by defendants, and each of them, including DOES 1 through 100, inclusive, 17 plaintiffs have sustained damages resulting from the loss of love, companionship, comfort, care, 18 assistance, protection, affection, society, and support, expectations of future support, and 19 counseling, companionship, solace and mental support, as well as other benefits and assistance, of 20 their respective decedent, all to their general damage in a sum in excess of the jurisdictional limits 21 of this Court, which will be stated according to proof, in accordance with California Code of Civil 22 Procedure section 425.10. 23 71. As a legal, direct, and proximate result of the conduct of defendants, and each of 24 them, including DOES 1 through 100, inclusive, plaintiffs, and each of them, have incurred 25 economic losses, including, but not limited to, funeral and burial expenses in an amount to be 26 stated according to proof, pursuant to California Code of Civil Procedure section 425.10. 27 72. As a legal, direct, and proximate result of the conduct of defendants, including 28 DOES 1 through 100, inclusive, plaintiffs, Elisa Guardado and Cristobal Edgardo Guardado, as 19 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 successors-in-interest to decedent, Andres Edgardo Guardado Pineda, hereby seek all damages 2 accruing to decedent in a survival action, under California Code of Civil Procedure section 377.34, 3 including punitive damages, against each defendant, other than the Los Angeles County Sheriff’s 4 Department, County of Los Angeles, and DOES 51 through 100, inclusive. In addition, plaintiffs 5 seek all damages under the Bane Act, including, but not limited to, attorneys' fees. All of said 6 damages combine to a sum in excess of the jurisdictional minimum of this Court, including any 7 penalties, punitive, or exemplary damages that the decedent would have been entitled to had he 8 lived, with the exception of pain, suffering, disfigurement, which will be stated according to proof, 9 pursuant to California Code of Civil Procedure section 425.10. LLP P ANISH S HEA & B OYLE 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax 10 11 FIFTH CAUSE OF ACTION 12 VIOLATION OF THE BANE ACT (Cal. Civ. Code § 52.1) 13 By Plaintiffs against All Defendants and DOES 1 through 100, inclusive. 14 73. Plaintiffs re-allege and incorporate herein by reference each and every allegation 15 and statement contained in the prior paragraphs. 16 74. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 17 mentioned herein, defendants, including DOES 1 through 100, inclusive, intentionally interfered 18 by threats, intimidation and/or coercion, with the exercise and enjoyment by decedent, Andres 19 Guardado, prior to his death, of rights secured by the Constitution of the United States and the 20 State of California, including interference with his rights to be secure in his person and free from 21 the use of excessive force, unreasonable harassment or detention without reasonable suspicion and 22 probable cause, and the right of protection from bodily restraint and harm 23 75. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 24 mentioned herein, defendants, including DOES 1 through 100, inclusive, made threats of violence 25 against decedent, Andres Guardado, causing him to reasonably believe that if he exercised his 26 rights guaranteed to him by the Constitutions of the United States and the State of California, and 27 under Civil Code section 52.1, including, but not limited, his right to be secure in his person and 28 free from the use of excessive force, the right of protection from bodily restraint and harm, 20 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 unreasonable harassment or detention without reasonable suspicion and probable cause, the right 2 to due process, and equal protection, defendants, including DOES 1 through 100, inclusive, would 3 commit violence against him and/or his property. Furthermore, plaintiffs are informed, believe, 4 and thereon allege that at all times relevant and mentioned herein, defendants, including DOES 1 5 through 100, inclusive, had the apparent ability to carry out these threats. 6 76. Plaintiffs are also informed, believe, and thereon allege that at all times relevant 7 and mentioned herein, defendants, including DOES 1 through 100, inclusive, acted violently 8 against decedent, Andres Guardado, to prevent him from exercising his rights guaranteed to him 9 by the Constitutions of the United States and the State of California, and under Civil Code section 11 excessive force, the right of protection from bodily restraint and harm, the right to due process, 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 52.1, including, but not limited, his right to be secure in his person and free from the use of 12 and equal protection. Furthermore, plaintiffs are informed, believe, and thereon allege that at all 13 times relevant and mentioned herein, defendants, including DOES 1 through 100, inclusive, acted 14 violently to retaliate against decedent, Andres Guardado, for having exercised his aforementioned 15 rights. 16 77. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 17 mentioned herein, defendants, including DOES 1 through 100, inclusive, decedent, Andres 18 Guardado was, without any provocation or justification whatsoever, fatally shot in the back five 19 times by defendant Deputy Vega. 20 78. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 21 mentioned herein, defendants', including DOES 1 through 100, inclusive, conduct was a 22 substantial factor in causing the tragic death of Andres Guardado. 23 79. The conduct of defendants Deputy Miguel Vega, Deputy Chris Hernandez, and 24 DOES 1 through 100, inclusive, and each of them, was done within the course and scope of their 25 employment, agency and/or service with defendants Los Angeles County Sheriff's Department, 26 County of Los Angeles, and DOES 51 through 100, inclusive, and under color of their authority, 27 and defendants Los Angeles County Sheriff's Department and County of Los Angeles, and each of 28 / / / 21 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 them, are, therefore, vicariously liable for same under Government Code sections 815.2, 815.3 and 2 820. 3 80. As a legal, direct, and proximate result of the negligence, carelessness, and/or 4 violation of the law, by defendants, and each of them, including DOES 1 through 100, inclusive, 5 plaintiffs have sustained damages resulting from the loss of love, companionship, comfort, care, 6 assistance, protection, affection, society, and support, expectations of future support, and 7 counseling, companionship, solace and mental support, as well as other benefits and assistance, of 8 their respective decedent, all to their general damage in a sum in excess of the jurisdictional limits 9 of this Court, which will be stated according to proof, in accordance with California Code of Civil 11 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 Procedure section 425.10. 81. As a legal, direct, and proximate result of the conduct of defendants, and each of 12 them, including DOES 1 through 100, inclusive, plaintiffs, and each of them, have incurred 13 economic losses, including, but not limited to, funeral and burial expenses in an amount to be 14 stated according to proof, pursuant to California Code of Civil Procedure section 425.10. 15 82. As a legal, direct, and proximate result of the conduct of defendants, including 16 DOES 1 through 100, inclusive, plaintiffs, Elisa Guardado and Cristobal Edgardo Guardado, as 17 successors-in-interest to decedent, Andres Edgardo Guardado Pineda, hereby seek all damages 18 accruing to decedent in a survival action, under California Code of Civil Procedure section 377.34, 19 including punitive damages, against each defendant, other than the Los Angeles County Sheriff’s 20 Department, County of Los Angeles, and DOES 51 through 100, inclusive. In addition, plaintiffs 21 seek all damages under the Bane Act, including, but not limited to, attorneys' fees. All of said 22 damages combine to a sum in excess of the jurisdictional minimum of this Court, including any 23 penalties, punitive, or exemplary damages that the decedent would have been entitled to had he 24 lived, with the exception of pain, suffering, disfigurement, which will be stated according to proof, 25 pursuant to California Code of Civil Procedure section 425.10. 26 83. Under California Civil Code section 52(b)(2), plaintiffs are further entitled to a 27 civil penalty of $25,000.00. 28 / / / 22 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 SIXTH CAUSE OF ACTION 2 NEGLIGENT TRAINING, RETENTION, AND SUPERVISION 3 By Plaintiffs against Defendants Los Angeles County Sheriff's Department, County of Los 4 Angeles, and DOES 51 through 100, inclusive. 5 84. Plaintiffs re-allege and incorporate herein by reference each and every allegation 6 and statement contained in the prior paragraphs. 7 85. Plaintiffs are informed, believe, and thereon allege that they were harmed by the 8 actions of Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 100, inclusive, 9 when their son, Andres Guardado, was shot and killed. Plaintiffs further allege and believe that 11 through 100, inclusive, negligently hired, supervised, and retained Deputy Miguel Vega, Deputy 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 defendants Los Angeles County Sheriff's Department, County of Los Angeles, and DOES 51 12 Chris Hernandez, and DOES 1 through 50, inclusive. 13 86. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 14 mentioned herein, defendants Los Angeles County Sheriff's Department, County of Los Angeles, 15 and DOES 51 through 100, inclusive, hired Deputy Miguel Vega, Deputy Chris Hernandez, and 16 DOES 51 through 100, inclusive. Plaintiffs are further informed, believe, and thereon allege that 17 at all times relevant and mentioned herein, defendants Los Angeles County Sheriff's Department, 18 County of Los Angeles, and DOES 51 through 100, inclusive, owed a duty of care to all 19 reasonably foreseeable people, including plaintiffs and decedent, to reasonably hire, select, retain, 20 and discipline their police deputies. 21 87. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 22 mentioned herein, defendants Los Angeles County Sheriff's Department, County of Los Angeles, 23 and DOES 51 through 100, inclusive, owed a duty of care to all reasonable foreseeable people, 24 including plaintiffs and decedent, to reasonably train and supervise their deputies to carry out their 25 law enforcement duties, including particularly, with the use of any firearms or any force 26 whatsoever, in a reasonable manner. 27 88. Plaintiffs are further informed, believe, and thereon allege that at all times relevant 28 and mentioned herein, defendants Los Angeles County Sheriff's Department, County of Los 23 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 Angeles, and DOES 51 through 100, inclusive, breached these duties by failing to adequately train 2 and supervise their deputies in the use of force. In fact, deputies at the scene were negligently and 3 poorly trained, negligently and poorly hired, negligently and poorly supervised (both at the scene 4 and before), and negligently retained. Additionally, defendants Los Angeles County Sheriff's 5 Department and County of Los Angeles and all their employees and sworn deputies, were 6 negligent in the hiring, training, supervision, retention, and disciplining of the deputies involved in 7 the shooting, as well as the officers who trained the involved deputies throughout their careers, 8 from the academy to the date in question. 9 89. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 11 inclusive, were unfit and incompetent to perform the work for which they were hired. In 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 mentioned herein, Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, 12 particular, Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, 13 were improperly provided a gun and entrusted with the ability to use lethal force on members of 14 the public. 15 90. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 16 mentioned herein, defendants Los Angeles County Sheriff's Department, County of Los Angeles, 17 and DOES 51 through 100, inclusive, knew or should have known that Deputy Miguel Vega, 18 Deputy Chris Hernandez, and DOES 1 through 50, inclusive, were unfit and incompetent to carry 19 out the duties of a police officer. Specifically, plaintiffs are further informed, believe, and thereon 20 allege that at all times relevant and mentioned herein, defendants Deputy Miguel Vega, Deputy 21 Chris Hernandez, and DOES 1 through 50, inclusive, had a history of misconduct and use of 22 excessive force. 23 91. Defendants Los Angeles County Sheriff's Department, County of Los Angeles, and 24 DOES 51 through 100, inclusive, further breached their duty since the deputies who were at the 25 scene of the subject incident, including defendants Deputy Miguel Vega, Deputy Chris Hernandez, 26 and DOES 1 through 50, and each of them, had a history of bad traffic and pedestrian stops, 27 improper uses of force, improperly discharging their firearms, failing to follow proper procedures, 28 and making false statements during investigations. Yet these deputies were never disciplined, or 24 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 were not disciplined properly, and were never trained or re-trained properly, and were never 2 removed from service. 3 92. Plaintiffs also are informed, believe, and thereon allege that at all times relevant 4 and mentioned herein, defendants Los Angeles County Sheriff's Department, County of Los 5 Angeles, and DOES 51 through 100, inclusive, and Sheriff Villanueva knew or should have 6 known that Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, 7 had possible affiliations with gangs within the Los Angeles County Sheriff's Department. 8 93. For all of the aforementioned reasons, plaintiffs are informed, believe, and thereon 9 allege that at all times relevant and mentioned herein, defendants Deputy Miguel Vega, Deputy 11 deputies and that this unfitness and incompetence created a particular risk to others including 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 Chris Hernandez, and DOES 1 through 50, inclusive, were unfit and incompetent to work as 12 decedent, Andres Guardado. 13 94. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 14 mentioned herein, Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50's, 15 inclusive, unfitness and incompetence caused the tragic death of Andres Guardado when they, 16 without provocation or justification, and in violation of their own policies and procedures, chased 17 after decedent down the alleyway and then defendant Deputy Miguel Vega fatally shot decedent in 18 the back five times. 19 95. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 20 mentioned herein, Los Angeles County Sheriff's Department, County of Los Angeles, and DOES 21 51 through 100's, inclusive, negligence in hiring, supervising, and retaining Deputy Miguel Vega, 22 Deputy Chris Hernandez, and DOES 1 through 50, inclusive, was a substantial factor in causing 23 the death of Andres Guardado. 24 96. The conduct of defendants Deputy Miguel Vega, Deputy Chris Hernandez, and 25 DOES 1 through 50, inclusive, and each of them, was done within the course and scope of their 26 employment, agency and/or service with defendants Los Angeles County Sheriff's Department, 27 County of Los Angeles, and DOES 51 through 100, inclusive, and under color of their authority, 28 and defendants Los Angeles County Sheriff's Department, County of Los Angeles, and DOES 51 25 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 through 100, inclusive, and each of them, are, therefore, vicariously liable for the same under 2 Government Code sections 815.2, 815.3 and 820. 3 97. As a legal, direct, and proximate result of the negligence, carelessness, and/or 4 violation of the law, by defendants, and each of them, including DOES 51 through 100, inclusive, 5 plaintiffs have sustained damages resulting from the loss of love, companionship, comfort, care, 6 assistance, protection, affection, society, and support, expectations of future support, and 7 counseling, companionship, solace and mental support, as well as other benefits and assistance, of 8 their respective decedent, all to their general damage in a sum in excess of the jurisdictional limits 9 of this Court, which will be stated according to proof, in accordance with California Code of Civil 11 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 Procedure section 425.10. 98. As a legal, direct, and proximate result of the conduct of defendants, and each of 12 them, including DOES 51 through 100, inclusive, plaintiffs, and each of them, have incurred 13 economic losses, including, but not limited to, funeral and burial expenses in an amount to be 14 stated according to proof, pursuant to California Code of Civil Procedure section 425.10. 15 99. As a legal, direct, and proximate result of the conduct of defendants, including 16 DOES 1 through 100, inclusive, plaintiffs, Elisa Guardado and Cristobal Edgardo Guardado, as 17 successors-in-interest to decedent, Andres Edgardo Guardado Pineda, hereby seek all damages 18 accruing to decedent in a survival action, under California Code of Civil Procedure section 377.34, 19 including punitive damages, against each defendant, other than the Los Angeles County Sheriff’s 20 Department, County of Los Angeles, and DOES 51 through 100, inclusive. In addition, plaintiffs 21 seek all damages under the Bane Act, including, but not limited to, attorneys' fees. All of said 22 damages combine to a sum in excess of the jurisdictional minimum of this Court, including any 23 penalties, punitive, or exemplary damages that the decedent would have been entitled to had he 24 lived, with the exception of pain, suffering, disfigurement, which will be stated according to proof, 25 pursuant to California Code of Civil Procedure section 425.10. 26 / / / 27 / / / 28 / / / 26 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 SEVENTH CAUSE OF ACTION 2 SURVIVAL ACTION 3 By Plaintiffs against All Defendants and DOES 1 through 100, inclusive. 4 100. Plaintiffs re-allege and incorporate herein by reference each and every allegation 5 and statement contained in the prior paragraphs. 6 101. The subject incident and the conduct of defendants, as set forth above, caused 7 decedent Andres Guardado to suffer traumatic injuries, as well as damage to his personal property, 8 including clothing, and other items. 9 102. Plaintiffs are informed, believe, and thereon allege that at all times relevant and 11 and excessive force, drew their guns and chased decedent, Andres Guardado, down an alleyway. 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 mentioned herein, Deputy Miguel Vega and Deputy Chris Hernandez, in a display of unreasonable 12 Soon thereafter, Deputy Miguel Vega, without provocation or justification, and with willful and 13 conscious disregard fatally unloaded at least six shots at Andres' back. Five of Deputy Vega's 14 shots struck Andres directly in the back, and each of those five gunshot wounds possessed an 15 independent lethal capacity, ultimately causing his tragic and untimely death. 16 103. Plaintiffs are also informed, believe, and thereon allege that at all times relevant 17 and mentioned herein, defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 18 through 50, inclusive, had no reasonable belief that decedent, Andres Guardado, had committed 19 any crime. Furthermore, defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 20 through 50, inclusive, never reasonably believed that decedent, Andres Guardado, appeared to 21 pose an immediate threat to the safety of the deputies or anyone else. 22 104. The aforementioned acts of defendants and DOES 1 through 50, inclusive, were 23 done by them knowingly, intentionally, and maliciously, for the purpose of harassment, 24 oppression, and inflicting injury upon decedent, Andres Guardado, and in reckless, wanton, and 25 callous disregard of his safety, security, and civil rights. 26 105. As a legal, direct, and proximate result of the intentional, reckless, and negligent 27 conduct of defendants, and each of them, as aforesaid, decedent Andres Guardado was injured in 28 / / / 27 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 his person by the subject incident, and survived for an ascertainable period of time after his initial 2 injury during the subject incident. 3 106. Plaintiffs are further informed, believe, and thereon allege that at all times relevant 4 and mentioned herein, decedent, Andres Guardado, was harmed by defendants Deputy Miguel 5 Vega, Deputy Chris Hernandez's actions and that DOES 1 through 50, inclusive, were responsible 6 for the harm, because they were part of a conspiracy to commit these acts, including, but not 7 limited to, battery against the public. As described above, based on information and belief, within 8 Los Angeles County Sheriff's Department and County of Los Angeles, there was a custom, policy 9 and practice, and agreement, whether express or implied, oral or written, whereby gangs, 11 and retaliation against other deputies, supervisors, and the public. Plaintiffs are informed, believe, 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 including, but not limited to, the Executioners and/or the 3,000 Boys, would use violence, threats, 12 and thereon allege that at all times relevant and mentioned herein, defendants Deputy Miguel 13 Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, had possible affiliations with 14 these gangs and, on the day of the subject incident, were possibly acting in connection and in 15 agreement with these other gang members. 16 107. Plaintiffs, Elisa Guardado and Cristobal Edgardo Guardado, as successors-in- 17 interest to decedent Andres Guardado, hereby seek all damages accruing to decedent in a survival 18 action, under California Code of Civil Procedure section 377.34, including punitive damages, 19 against each defendant, other than the Los Angeles County Sheriff’s Department, County of Los 20 Angeles, and DOES 51 through 100, inclusive. All of said damages combine to a sum in excess of 21 the jurisdictional minimum of this Court, including any penalties, punitive, or exemplary damages 22 that the decedent would have been entitled to had he lived, with the exception of pain, suffering, 23 disfigurement, which will be stated according to proof, pursuant to California Code of Civil 24 Procedure section 425.10. 25 108. Defendants caused serious bodily injury in connection with the subject incident. 26 109. Prior to Andres Guardado's death, defendants willfully and knowingly created a 27 situation where death or injury would likely, thereby acting with reckless disregard and with full 28 knowledge of the probable dangerous consequences of such conduct. 28 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL 1 110. Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, 2 actions were done in a willful and conscious disregard for the rights and safety of decedent. 3 Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, conduct was 4 despicable and so base, vile, and contemptible that it would be looked down on and despised by 5 reasonable people. This conduct, which was carried on by defendants with a willful and conscious 6 disregard of the rights and safety of decedent, and the general public, was the direct, legal, and 7 proximate cause of the decedent's injuries and deaths, and plaintiffs' damages. 8 111. Defendants' actions were either committed or authorized, ratified, or otherwise 9 approved by officers, directors, or managing agents of defendants and DOES 1 through 100 in a 11 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 deliberate, cold, callous, malicious, and/or intentional manner, as fully set forth above. 112. As a result, plaintiffs request the assessment of punitive damages against 12 defendants Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 50, inclusive, in 13 an amount appropriate to punish or set an example of them for their despicable conduct in 14 conscious disregard of the rights and safety of others that resulted in this, and other, tragic deaths. 15 16 PRAYER FOR RELIEF 17 WHEREFORE, plaintiffs, Elisa Guardado and Cristobal Edgardo Guardado, 18 individually, and as successors-in-interest to Andres Edgardo Guardado Pineda for causes of 19 action against defendants, Los Angeles County Sherriff's Department, County of Los Angeles, 20 Deputy Miguel Vega, Deputy Chris Hernandez, and DOES 1 through 100, inclusive, and each of 21 them, pray as follows: 22 1. For general damages suffered by plaintiffs, including, but not limited to, loss of 23 love, affection, care, society, service, comfort, support, right to support, companionship, solace or 24 moral support, expectations of future support and counseling, other benefits and assistance of their 25 respective decedent, which will be stated according to proof, and beyond the jurisdictional 26 minimum of this Court, and in a sum within the jurisdiction of this Court and which will be 27 established according to proof at trial; 28 / / / 29 PLAINTIFFS' COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL PANISH SHEA BOYLE LLP 1111 I Santa Monica Boulevard, Suite 700 Los Angeles. California 90025 . 310.477.1699 fax 310.477.l 700 phone For economic damages suffered by plaintiffs, including, but not limited to, for funeral and burial expenses, according to proof; 3. For plaintiffs, as successors?in?interest to decedent, Andres Edgardo Guardado Pineda, all damages available in a survival action, including punitive damages, against each defendant, other than the Los Angeles County Sheriff? 3 Department and the County of Los Angeles, according to proof; 4. For statutory damages, including damages under to Civil Code sections 52(b)(3) and 5. For attorneys? fees, including under Civil Code section 52(b)(3) and 6. For cost of suit incurred herein, including attorneys? fees, according to proof; 7. For damages for plaintiffs' other losses, according to proof; and 8. For such other and further relief as the Court may deem just and proper. PANISH SHEA BOYLE LLP ?Erian J. Panish Adam Shea Spencer R. Lucas Ryan A. Casey Nicholas W. Yoka Attorneys for Plaintiffs DATED: August 31, 2020 3 0 COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL PANISH SHEA BOYLE LLP 111]] Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 - 310.477.1699 fax 310.477.1700 phone DEMAND FOR JURY TRIAL Plaintiffs hereby demand a trial by jury as to all causes of action. DATED: August 31, 2020 PANISH SHEA BOYLE LLP Brian J. Panish Adam Shea Spencer R. Lucas Ryan A. Casey Nicholas W. Yoka Attorneys for Plaintiffs 3 1 COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL