Mendoza

Mendoza v. Baca CA2/2

Good Law
Court of Appeal of CaliforniaApril 2, 2013B237292MCalifornia3,259 words

Opinion

Opinion

BACKGROUND

The parties Plaintiffs are the wife and children of decedent Bernardo Mendoza (Mendoza), who was shot and killed at a neighborhood bar and restaurant called “My Place.” Baca was the owner of My Place at the time Mendoza was killed. Factual background Mendoza and Baca were present at My Place on November 3, 2007, as were other patrons of the bar. Julio Duenas (Duenas) arrived at My Place at approximately 7:00 p.m. that night. At some point during the evening, Duenas and other customers began arguing about who was responsible for paying musicians who had performed on the premises. As the men argued, Baca saw Duenas strike another customer. Baca told Duenas to stop or she would call the police. Duenas then struck Baca, and a customer named Alejandro Garcia (Garcia) intervened to defend Baca. Duenas and Garcia left the premises to take their dispute outside. Baca telephoned the police, but was unable to speak to a dispatcher until after Duenas had left the premises. Baca told the dispatcher that the altercation had ended and that Duenas had left. Shortly after Duenas left My Place, he returned. When Baca learned that Duenas had returned, she locked both the front and back…

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