Dec 10, 2008
Court of Appeal affirms nonsuit for GMSR’s clients in police shooting case

Myles v. County of Los Angeles (2008) 2008 Cal.App. Unpub. LEXIS 9928 (California Court of Appeal, Second Appellate District, Division Two) [unpublished]. GMSR obtained a decision affirming a nonsuit for the defendant County and its employees. The plaintiff claimed that two deputy sheriffs shot him unlawfully, but the Court of Appeal agreed with the trial court that he failed to produce sufficient evidence identifying the defendant-deputies. On appeal the plaintiff also contended that the trial court had erred in refusing to grant him a trial continuance. The Court of Appeal accepted GMSR’s argument that plaintiff had failed to produce a record adequate to demonstrate trial court error, and failed to demonstrate prejudice resulting from the denial of a continuance. The court also rejected an array of substantive and procedural challenges to the nonsuit ruling itself.