Perez

By nonjury trial plaintiff and respondent Arturo Perez recovered judgment of $16,491 for assault and battery against defendant and appellant City of Huntington Park. Respondent, a bystander, suffered injuries when he was battered by appellant’s employee police officers, acting in the scope of their employment, who were responding to a disturbance at respondent’s apartment building. Appellant appeals, contending that in the circumstances of this case appellant cannot be held liable under the doctrine of respondeat superior. Rejecting this argument, we affirm.

In his complaint respondent named as defendants appellant and Does 1 through 10. By subsequent amendment respondent substituted four named police officers in place of defendants Doe 1 through Doe 4. The trial court rendered judgment in favor of the four named individuals but against appellant.

The court’s statement of decision explained this result as follows: “1. Plaintiff, Arturo Perez (hereinafter Perez), did nothing to provoke the Huntington Park police who responded to a radio dispatch concerning an alleged fight on the street at Seville Street near Saturn in Huntington Park, in the early hours of December 26,…