The plaintiff brought a lawsuit in the Los Angeles Superior Court in Glendale bearing case number EC 021473 against our clients for assault, battery and intentional infliction of emotional distress. The plaintiff sought $25,000 in compensatory damages and punitive damages against our client. Essentially, the plaintiff claimed that our clients assaulted and battered him in a fight which occurred in the Mann Theater in Glendale, California. The plaintiff also sued the theater for allegedly negligently providing security. Our clients brought a cross-complaint against the theater for indemnity and contribution and against the plaintiff for assault, battery and intentional infliction of emotional distress. Our clients claimed that the plaintiff provoked, consented to the fight and assumed the risk by verbally abusing Mrs. Esqueda in the snack bar line, calling her names and telling her to go get her husband because he was delayed by her order and was late for his movie. The plaintiff denied these allegations.
The case was scheduled for a jury trial. The plaintiff settled with the theater for $12,000 which represented a nuisance cost of suit. The clients were guaranteed an offset of $12,000 as a part of the settlement and dropped their cross-complaint against the theater. The clients had brought motions in limine to preclude the plaintiff from introducing any loss of income evidence and limiting the medical damages and evidence he intended to present because he failed to conduct discovery. The plaintiff then agreed to submit this case to binding arbitration with those motions being granted before the Honorable Leon Savitch at JAMS Endispute.
After hearing the case, the Honorable Leon Savitch, who was selected the arbitrator, ruled that the plaintiff was not entitled to recover any damages on his complaint because he had provoked and consented to the fight which ensued which the judge ruled was not our clients’ fault. Our clients were very happy with the arbitrator’s decision.