Gray•Duffy Obtains Dismissal of Client in Wrongful Death Lawsuit

August 2009

Overview

Kevin Cruz of Gray·Duffy’s Encino office obtained a dismissal on behalf of a client, who was the owner of the premises where a patron was shot dead by a security guard.

Discussion

Estate of Candelario Alvarado v. Acosta, et al.

On July 30, 2005 at approximately 11:00 p.m., Candelario Alvarado entered the Rancho Grande Bar in Panorama City, California where he was later joined by his girlfriend.   The two began to argue loudly which escalated to the point where they were both ejected from the bar.  A few minutes later Mr. Alvarado attempted to re-enter the bar, but was refused entrance by the armed security guard, David Cuellar.  Mr. Cuellar was the employee of a private security company, Ocean West Security Services, Inc.

After Mr. Alvarado and Mr. Cuellar conducted a heated verbal exchange regarding Mr. Alvarado’s refused entrance, Mr. Alvarado walked to the back of his van and returned with a four-foot long piece of wood in an apparent attack, at which point Mr. Cuellar pulled his gun and shot Mr. Alvarado dead.

The estate of Mr. Alvarado and his parents filed suit for millions of dollars.  At a mandatory settlement conference the plaintiffs demanded $400,000.  The case ostensibly settled for $15,000; however, counsel for the plaintiffs could not reach the decedent’s mother who had since relocated to a remote town in Mexico.  After several OSC hearings regarding the status of the settlement, the plaintiffs’ counsel agreed to allow the court to dismiss the action on August 14, 2009, without any money exchanging hands.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.