Mendoza

The City of Los Angeles (the City) appeals from a judgment entered in favor of Christina Sprague (as guardian ad litem for the minor Rene Mendoza) and Ahna Maglinti (referred to collectively as plaintiffs) in their action for the wrongful death of plaintiffs’ mother, Clementina Maglinti. Clementina was shot to death by her flaneé, off-duty Los Angeles Police Officer Edward Mendoza, during a domestic argument in June 1989. The jury found the City 25 percent at fault and assessed economic damages of $300,000 and noneconomic damages of $850,000.

The City contends: “[I.] Plaintiffs failed to establish or prove a statutory basis for the City’s liability. [II.] [The City’s] motions for judgment in this case should have been granted since plaintiffs failed to prove that [the City] owed them a duty of care. [III.] [The City’s] motions for judgment in this *1336 case should have been granted since plaintiffs failed to prove that [the City] breached a duty of care. [IV.] The trial court erred in instructing the jury pursuant to Evidence Code § 669 that [the City’s] actions constituted negligence per se. [V.] [The City’s] motions for judgment in this case should have been granted…