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Abeyta v. County of Los Angeles

Abeyta v. County of Los Angeles
03:26:2006

Abeyta v. County of Los Angeles


Filed 3/24/06 Abeyta v. County of Los Angeles CA2/3


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS












California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.












IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA








SECOND APPELLATE DISTRICT







DIVISION THREE












MARCO ANTONIO ABEYTA et al.,


Plaintiffs and Appellants,


v.


COUNTY OF LOS ANGELES et al.,


Defendants and Respondents.



B179795


(Los Angeles County


Super. Ct. No. BC298829)



APPEAL from a judgment of the Superior Court of Los Angeles County, Malcolm H. Mackey, Judge. Affirmed.


Law Offices of Dennis W. Chang, Dennis W. Chang and Catherine Liu for Plaintiffs and Appellants.


Fuentes & McNally, Raymond J. Fuentes and Gretchen K. Buechsenschuetz for Defendants and Respondents.


INTRODUCTION


On December 27, 2002, two public safety officers were at a burger stand when one saw plaintiff and appellant Marco Antonio Abeyta (Abeyta) about to smoke narcotics. Abeyta was handcuffed, placed in the back of the police car, and eventually driven home. Thereafter, the officers drove Abeyta back to the burger stand where it was discovered that the vehicle Abeyta had driven that evening had been stolen.


Abeyta and plaintiff and appellant Yutaro Ebata (Ebata) state that the â€





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