Keith Chung v. City of Los Angeles

MEMORANDUM

Plaintiff Keith Chung appeals from the district court’s grant of judgment as a matter of law to Defendants Brand Security Corporation, Heather Holdridge, Intellectual Property Enforcement Company, and Carlos Fernandez following a remand. Chung v. City of Los Angeles, 406 Fed.Appx. 207 (9th Cir.2010) (unpublished). Reviewing de novo, Hagen v. City of Eugene, 736 F.3d 1251, 1256 (9th Cir.2013), we affirm.

1. The district court properly granted judgment as a matter of law on the negligence claim. Defendant Fernandez was the sole expert witness to testify as to the requisite professional standard of care. Plaintiff presented no evidence that Defendants failed to apply that level of care. See Chung, 406 Fed.Appx. at 209 (remanding because Plaintiff raised a triable issue of fact “concerning whether the private defendants acted with” the “care expected of professional counterfeit investigators”). Because no reasonable juror could find for Plaintiff on the issue of breach, Plaintiffs claim fails. Hernandez v. KWPH Enters., 116 Cal.App.4th 170 , 10 Cal.Rptr.3d 137 , 141 (2004).

2. The district court properly granted judgment as a matter of law on the conversion claim. In the…