Quintero

Quintero v. Weinkauf

Good Law
Court of Appeal of CaliforniaApril 4, 2022A159812California8,939 words

Opinion

Opinion

Streeter, J.

I. BACKGROUND

Quintero filed a lawsuit against Weinkauf asserting four causes of action: (1) the tort of stalking, (2) assault, (3) IIED, and (4) the tort of domestic violence. The complaint alleged that after Quintero and Weinkauf ended their romantic relationship, Weinkauf shot arrows and discharged a firearm through the windows of Quintero’s business. It further alleged that Weinkauf committed these acts in disguise and under cover of darkness, but Quintero was ultimately able to identify him as the perpetrator. This civil action was preceded by a criminal action, in which Weinkauf pled guilty to stalking (Pen. Code, § 646.9) with an enhancement for personal use of a dangerous and deadly weapon (Pen. Code, § 12022, subd. (b)(1)) and a criminal protective order was entered. Weinkauf moved for summary judgment or adjudication on each cause of action. The motion was denied. The trial proceeded in three phases: (1) jury trial on the issues of liability and compensatory damages, (2) bench trial on the issue of Weinkauf ’s net worth, and (3) jury determination on the amount of punitive damages. During the first phase, Quintero testified that she met Weinkauf when they worked…

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