This article and video are part of a three-part series. Click here to view Part I.
After agreeing to represent the French family in their pursuit of justice, Dale K. Galipo, Eric Valenzuela, and Renée Valentine Masongsong developed a strategy to illustrate how the City of Los Angeles was responsible for Officer Sanchez’s actions. They wanted to show he acted under the color of law and the scope of his employment by using his department-issued handgun. Meanwhile, the Defense filed a motion to dismiss, maneuvering to get the complaint tossed right out the gate. Dale, Eric, and Renée, carefully substantiated a rebuttal and prevailed. Immediately after, the Defense filed a second motion, this time for judgment on pleadings, but were overruled as their contentions were nearly identical. Later, after discovery, the Defense filed a motion for summary judgment as a final failed attempt to prevent a trial.
Dale, Eric, and Renée deposed Officer Sanchez, who invoked his fifth amendment right, providing little reasoning for his actions. However, Officer Sanchez asserted that he acted under his official capacity as a police officer – an important admission to proving their case.
During discovery, the team subpoenaed the surveillance video from Costco and the bodycam footage from the Corona Police Department. Surprisingly, she found out most of the security cameras in the behemoth store were only for show. In fact, no cameras in the large store captured the incident clearly. The only camera pointed in the direction of the incident was on the other side of the market. Moreover, the video it captured was obstructed and grainy. Dale, Eric, and Renée needed a visual aid to augment the poor-quality raw footage. Thus, they enlisted DK Global's help to overcome the obstacle of explaining how the shooting occurred.
With production underway, the attorneys took the necessary steps to authenticate the demonstrative and safeguard its admissibility. They sought the best experts for the case and retained Dr. Bennet Omalu (the renowned forensic pathologist who discovered chronic traumatic encephalopathy in football players) to describe the bullets' trajectories, the Plaintiffs’ body positions, and their resulting injuries. After hearing of the shooting, Dr. Omalu agreed to lend his expertise and help the French family. He reviewed the medical records, met with the legal team, and convened with DK Global’s animators, collaborating via Zoom to reconstruct the incident in real time and verify that the visual aligned with his opinions.
The presentation began with a family photo of the French family. Then, the animation transitioned to a reconstruction of the event, set in the store's interior, showing 3D models of Kenneth, Paola, and Russel shopping. Kenneth stood behind Officer Sanchez before slapping the back of his head unexpectedly, causing the officer to fall to the floor, drop his son, and draw his weapon. Russel and Paola attempted to deescalate the situation and shield their son from being shot. The grainy surveillance footage was juxtaposed next to the animation as it replayed, clarifying the sequence of events. Finally, based on Dr. Omalu's findings, the evidence at the scene, and the medical records, the bullet trajectories showed Paola and Russel each being shot once from behind, causing permanent abdominal injuries. Dismayingly, Kenneth was shot four times in the back as he dropped to the ground.
The story concludes in Part III.
Dale K. Galipo has been an attorney for 32 years and is regarded as one of the most accomplished civil rights lawyers. Initially focusing on personal injury and criminal defense, Dale shifted his specialty to representing those involved in civil rights cases against the police. In the past eight years, Dale has obtained nearly 100 seven-figure verdicts and settlements, prevailing in more than 50 jury trials.
Since 2012, Senior Associate Eric Valenzuela has specialized in litigating civil rights and police misconduct cases, contributing to numerous multi-million-dollar verdicts. Recently, Super Lawyers selected Eric as a “Rising Star” for successfully litigating complex, excessive force cases involving novel law issues.
For ten years, Renée Valentine Masongsong has dedicated her practice to litigating civil rights police excessive force cases, attaining numerous multi-million-dollar jury verdicts. In 2020 alone, Renée prevailed in holding the city of Los Angeles and West Covina responsible for serious police misconduct, securing her clients a combined $8 million in settlements and verdicts.
